Supreme Court of India
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERSversusIN RE:
- Citation
- 2020 INSC 420
- Decided
- 9 June 2020
- Disposal
- Directions issued
Holding
The Court held that States must ensure the prompt transportation of all stranded migrant workers, streamline their registration, establish counselling centres, withdraw prosecutions under Section 51 DMA, and disclose welfare schemes for migrants.
Summary
The Supreme Court, acting suo motu, examined the plight of migrant labourers stranded during the COVID-19 lockdown and the measures taken by the Central and State governments. While acknowledging the large number of Shramik trains and bus services already deployed, the Court noted lapses in registration, supervision, and welfare provision. It directed all States and Union Territories to transport any remaining stranded workers by train, bus or other means within fifteen days and to simplify the registration process by decentralising it to police stations and local offices. The Court ordered the establishment of counselling centres and help‑desks at block and district levels to inform migrants about government schemes and employment opportunities, and directed the maintenance of detailed records of migrants' skills and previous employment. Further, it instructed the withdrawal of prosecutions under Section 51 of the Disaster Management Act for migrants who moved during the lockdown and called for vigilance over police conduct. The order also required the Central Government and States to disclose all welfare schemes applicable to migrants.
Issues considered
- The adequacy of measures taken by the Central and State governments for the transportation of stranded migrant labourers.
- Whether the registration and identification process for migrant workers is being implemented effectively.
- The propriety of prosecuting migrant workers under Section 51 of the Disaster Management Act for movement during lockdown.
- The need for counselling centres, help‑desks and maintenance of skill‑wise databases for returned migrants.
- The responsibility of States to ensure welfare, food, shelter and employment assistance to migrant workers.
Legislation cited
Subjects
COVID-19 pandemicmigrant labourersSuo Motu jurisdictionDisaster Management ActSection 51transportation of stranded workersShramik trainsrelief campscounselling centreswithdrawal of prosecutionfundamental rightsright to livelihoodpublic health emergency
Judgment
[2020] 9 S.C.R. 1 1
IN RE : PROBLEMS AND MISERIES A
OF MIGRANT LABOURERS
(Suo Motu Writ Petition (Civil) No. 6 of 2020)
JUNE 09, 2020
[ASHOK BHUSHAN, SANJAY KISHAN KAUL B
AND M. R. SHAH, JJ.]
Cognizance – Suo motu cognizance – Covid-19 Pandemic –
Movement/problems of migrant labourers – In addition to directions
issued by order dated 28.05.2020, held: In view of certain lapses
and short-comings in implementation of the schemes and policies, C
States and UTs to streamline the vigilance and supervision of
actions of their officers and staff and take appropriate action
where required – With respect to some instances of excess with
regard to migrant labourers, the concerned DGP/Police
Commissioner may issue necessary directions – State may also
consider withdrawing prosecution/complaints lodged against D
migrant labourers for offences referred to in s.51, 2005 Act and
other related offences lodged during lockdown – States/UTs to
transport remaining stranded workers by train, bus or other mode
within 15 days from today – Counselling centres be set up by the
concerned State at block level and district level to provide E
information regarding government schemes and other avenues of
employment to the workers who reached their native places – State
may facilitate the return of workers who want to return to their
employment – Further directions issued to ameliorate the conditions
of migrant workers pending consideration of other issues –
Disaster Management Act, 2005 – ss.6(2)(i), 12 & 51 – Inter-State F
Migrant Workmen (Regulations of Employment and Conditions of
Service) Act, 1979 – Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996 – Unorganised
Workers’ Social Security Act, 2008.
Issuing directions, the Court G
HELD: 1.1 The State and Union Territories in their
affidavits have referred to various measures, the orders and
guidelines issued by the Central Government, the orders issued
by the National Executive Committee under the Disaster
Management Act, 2005, policies and decisions taken by the H
1
2 SUPREME COURT REPORTS [2020] 9 S.C.R.
A concerned States. The States and Union Territories claimed to
be following all directions and policies and taking necessary
steps for running the relief camps, shelter camps, attending the
needs of food and water of the migrants, attending the
requirement of transportation of migrant workers to their native
places. There can be no exception to the policies and intentions
B
of the State but what is important is that those on whom
implementation of circulars, policies and schemes are entrusted
are efficiently and correctly implementing those schemes.
Lapses and short-comings in implementing the schemes and
policies have been highlighted by various intervenors in their
C applications and affidavits. It is impressed on States and Union
Territories to streamline the vigilance and supervision of actions
of their officers and staff and take appropriate action where
required. It is further noticed from the materials on record that
police officers of States, para-military forces wherever deployed
are doing commendable job but some instances of excess with
D
regard to migrant labourers are also there. The migrant
labourers, who were forced to proceed to their native place, after
cessation of their employment are already suffering. The financial
difficulty being with all the migrant labourers invariably they have
to dealt by the police and other authorities in a humane manner.
E The concerned Director General of Police/Police Commissioner
may issue necessary directions in this regard. [Para 26]
[15-B-G]
1.2 As far as transportation of migrant workers to their
native places by train, road or other means are concerned,
F substantial portion of stranded workers have already been
accompliced by the State Governments, railways and other
organisations. But still there are stranded migrant labourers in
different States specially in State of Maharashtra, NCT of Delhi,
State of West Bengal, State of Tamil Nadu and State of Gujarat.
The schedule of demand of train, as brought on the record,
G indicate that the total demand of trains by the States and Union
Territories is 171 running from 03.06.2020 to 16.06.2020. All
the States/Union Territories are directed to transport all stranded
workers by train, bus or other mode within 15 days from today.
[Para 28][16-C-E]
H
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS 3
1.3 For identifying the migrant workers in different States, A
the protocol of registration is already invoked. As already
directed vide order dated 28.05.2020 that the process of
registration be simplified. Identification of migrant workers be
immediately completed by all the States/Union Territories and
those migrant workers, who are not yet registered, immediate
B
steps be taken by decentralising the process of registration by
providing facility of registration to the migrant workers at nearby
places including police stations and other places of local
administration as may be notified. The information regarding
journey by train and bus, which is to be undertaken by stranded
workers should be publicise through local newspapers, local T.V. C
channels so that necessary information reaches to concerned
migrant workers. [Para 30][16-G-H; 17-A]
1.4 Majority of stranded workers have reached at their
native places. The second major task which has now to be
undertaken by the concerned States and Union Territories is of D
taking care of those migrant workers/labourers who have
returned to their native places after cessation of their
employment. The details of migrant workers, nature of their skill,
place of their earlier employment be maintained in prescribed
proforma to be formulated by the concerned State at village level,
block level and the district level so that necessary helps can be E
extended by the State authorities and district authorities to these
migrant labourers. Counselling centres be set up by the
concerned State at block level and the district level to provide
all information regarding Government schemes and other
avenues of employment to these workers. The State may also F
provide necessary information and facilitate the return of the
workers who want to return to their employment. Necessary
information should be provided by the State in this regard by
creating help desk with the help of railway authorities and road
transport authorities. Apart from schemes, which are run by the
Central Government for the benefit of people in the country, G
each State have also their own schemes taking care of different
aspects including providing avenues for employment. All States
and Union Territories should bring on record the different
schemes which are enforced in the concerned State which may
benefit these migrant labourers so that it may also be examined H
4 SUPREME COURT REPORTS [2020] 9 S.C.R.
A by this Court for issuing appropriate direction in that regard.
Thus, further two weeks’ time granted to all the States and Union
Territories to submit additional affidavits in response to various
aspects, as noticed in this order. The Central Government may
also bring on record the different schemes which can be taken
by migrant labourer which may also be taken by additional
B
affidavit within two weeks. [Paras 31, 32][17-B-H; 18-A]
1.5 The migrant labourers on account of Lockdown
measures enforced w.e.f. 25.03.2020, and due to closure of their
place of work/source of employment started moving in several
parts of the country to reach their hometown. Under the
C guidelines, movement by migrants also constituted an offence
under Section 51 of Disaster Management Act, 2005. Police
Authorities started stopping such movements and also
registered certain First Information Reports against the migrant
labourers. The movement of migrant labourers, tourists and
D students was permitted by the Government only w.e.f.
29.04.2020. There may be First Information Reports or
complaints against migrant labourers alleging violation of
Lockdown measures in moving on roads. The migrant labourers
who were earning their bread by working in different
establishments due to cessation of work were forced to move
E to their hometown. The action of movement of these migrant
labourers after enforcement of the Lockdown measures was by
force of circumstances. The State may consider withdrawing
Prosecution/Complaints lodged against such migrant labourers
for the offences as referred to in Section 51 of the Disaster
F Management Act, 2005 and other related offences lodged against
the migrant labourers during the period of Lockdown under
Disaster Management Act, 2005. [Para 33][18-D; F-H; 19-A]
1.6 Apart from what has been indicated above certain
further directions are necessary to be issued to ameliorate the
G conditions of the migrant workers pending consideration of other
issues. Thus, in addition to directions already issued by order
dated 28.05.2020 and measures as directed above, further
directions are issued to the Central Government, all States and
Union Territories. [Paras 34, 35][19-B-C]
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IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS 5
CIVIL ORIGINAL JURISDICTION : Suo Motu Writ Petition A
(Civil) No. 6 of 2020
Under Article 32 of the Consitution of India
With
W.P. (C) Diary No. 11394/2020 and W.P. (C) No. 511/2020 B
Tushar Mehta, SG, K.M. Nataraj, Sanjay Jain, ASG, S.C. Verma,
Amit Kumar, Atul Nanda, AGs., Prabhuling Navadgi, Abhinav Mukerji,
Saurabh Mishra, Jayanth Muthuraj, Ashish Kumar, Ms. Aishwarya
Bhati, Nalin Kohli, AAGs, Maninder Singh, Ranjit Kumar, Mrs. Manisha
Lav Kumar, Aman Lekhi, Dr. Manish Singhvi, Vikramjit Banerjee, P.S. C
Narasimha, R. Balasubramaniam, Kapil Sibal, Ms. Indira Jaising,
Abhishek Manu Singhvi, Colin Gonsalves, Jaideep Gupta, B.S. Patil,
P. Chidambaram, Anand Grover, Sanjay Parikh, Gopal Sankarnarayanan,
K.V. Vishwanathan, Sr. Advs., Abhimanue Shrestha, Deepak Prakash,
Ms. Nachiketa Vajpayee, Divyangna Malik, Rajat Nair, Saurabh Mishra,
Kanu Agrawal, B.V. Balramdas, Abhimanyu Tiwari, Ms. Eliza Bar, Anil D
Shrivastav, Rituraj Biswas, Shuvodeep Roy, Prabhas Bajaj, Manish
Kumar, Ms. Prachi Mishra, Sumeer Sodhi, Pranav Sachdeva, Arun
Pedneker, Sachin Patil, Aniruddha P. Mayee, Mrs. Deepanwita
Priyanka, Mrs. Bihu Sharma, Ms. Pratishtha Vij, Tapesh Kumar Singh,
Ms. Shashi Juneja, Ms. Pinky Behera, Vikram Huligoll, Shubhranshu
E
Padhi, G. Prakash, Jishnu M.L., Rahul Chitnis, Sachin Patil, Pukhrambam
Ramesh Kumar, Ms. Anupama Ngangom, Karun Sharma, Avijit Mani
Tripathi, Ms. Rekha Bakshi, Shaurya Sahay, Arjun Garg, Ms. Rati
Tandon, Siddhesh Kotwal, Ms. Astha Sharma, Ms. K. Enatoli Sema,
Sibo Sankar Mishra, Karan Bharihoke, Ms. Uttara Babbar, Sandeep
Kumar Jha, Narendra Kumar, M. Yogeshkanna, Ms. Garima Prashad, F
Dr. Abhishek Atrey, Shadman A1i, Ms. Vidyottma Jha, Ms. Ambika
Atrey, Suhan Mukerji, Amit Verma, (for PLR Chambers), K.V.
Jagdishvaran, Ms. G. Indira, Ms. Rangoli, Nikhil Goel, Naveen Goel,
Dushyant Sarna, Prashant Singh B., M. Shoeb Alam, Mojahid Karim
Khan, Raj Bahadur Yadav, V. G. Pragasam, Ms. Nupur Kumar, Sunil
G
Fernandes, Avishkar Singhvi, Muhammad Khan, Varun Chopra, Omar
Hoda, Prastut Dalvi, Ms. Aishwarya Mohapatra, Gurtejpal Singh, Nitin
Mishra, Ms. Mitali Gupta, P.V. Surendranath, Biju P. Raman, Subhash
Chandran KR, Alakh Alok Srivastava, Satya Mitra, Gunjan Singh,
Siddharth Seem, Ms. Anupradha Singh, Ms. Harini Raghupathy,
H
6 SUPREME COURT REPORTS [2020] 9 S.C.R.
A Ms. Pragya Ganjoo, Ms. Nanita Sharma, Prashant Bhushan, Ejaz
Maqbool, Ms. Akriti Chaubey, Ms. Aishwarya Sarkar, Shadan Farasat,
Raj Kishor Chourdhary, Shivam Sharma, Pradeep Kumar Mittal,
Shakeel Ahmed, Sandeep Kumar Jha, Mohit Paul, Gautam Talukdar,
Narendra Kumar, Chirag M. Shroff, Ms. Mithu Jain, Arnav Vidyarthi,
Advs. for the appearing parties.
B
Applicant-in-person.
The following Order of the Court was passed:
ORDER
1. In pursuance of our order dated 28.05.2020 an affidavit, on
C behalf of Central Government sworn by Smt. Saheli Ghosh Roy, Joint
Secretary, Ministry of Home Affairs, has been filed. Reply affidavits/
reports have also been filed by different States as well as Union
Territories giving details of measures taken by different States and facts
claiming compliance of interim directions issued by this Court on
28.05.2020. An application has also been filed on behalf of National
D Human Rights Commission seeking intervention in this matter as well
as praying for issuing various directions as indicated in the application.
Various applications for intervention, on behalf of different individuals
and organizations, have also been filed stating certain facts pertaining
to problems of migrant labourers. Intervenors have also suggested
E various measures to redeem the situation.
2. We have heard Shri Tushar Mehta, learned Solicitor General
of India, learned counsel appearing for different States, Shri Kapil Sibal,
learned senior counsel, Dr. A.M. Singhvi, learned senior counsel, Smt.
Indira Jaising, learned senior counsel, Shri K.V. Vishwanathan, learned
senior counsel, Shri Colin Gonsalves, learned senior counsel and Shri
F
Jaideep Gupta, learned senior counsel and other learned counsel who
have made submissions to assist the Court in this proceeding.
3. Shri Tushar Mehta, learned Solicitor General submits that the
Central Government, State Governments, all corona warriors and the
whole nation have responded to and dealt with the unprecedented
G pandemic. He submits that initially on 25.03.2020, when the National
lockdown was declared, the first priority was to contain the spread of
virus and to ensure that no human movement took place to one area to
another including the movement of migrant workers. However, after
assessing the overall situation, decision was taken on 29.04.2020 by
H Government of India, Ministry of Home Affairs, allowing movement
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS 7
of migrant workers, pilgrims, students and other persons, who were A
stranded at different places. Order dated 01.05.2020 was issued by the
Government of India, Ministry of Home Affairs issuing new guidelines
for movement. On 02.05.2020, Ministry of Railways issued order
announcing running of special Shramik trains to take the migrant
labourers to their destination. The Railway Ministry appointed nodal
B
authorities for different States. On the requisition, received from the
different States, Shramik trains were running to the destination. Shri
Tushar Mehta, learned Solicitor General, submits that from 01.05.2020
to 03.06.2020 approximately 4228 Shramik trains were running from
different States to carry the migrant workers to their destination. Shri
Tushar Mehta, learned Solicitor General, submits that by Shramik special C
trains approximately 57.22 lakh migrants have been shifted to various
destinations located in Uttar Pradesh, Bihar, Jharkhand, Odisha, Madhya
Pradesh etc. It is further stated in the affidavit that nearly 80% of the
trains are bound for Uttar Pradesh and Bihar and balance trains headed
towards Eastern India. Shri Tushar Mehta, learned Solicitor General,
D
further submits that about 41 lakh migrant workers have been taken
from their respective places to their desired destination through road
transport. Shri Tushar Mehta, learned Solicitor General, submits that
Ministry of Railways has issued letters dated 29.05.2020 and 03.06.2020
to Chief Secretaries of all the States and Union Territories on the subject
“projected demand for movement of stranded persons by Shramik rail”. E
In response to the aforesaid letters, request has been received from
different States for trains from 03.06.2020 to 16.06.2020 which is the
last date on which trains have been prayed for. He submits that there
are no demands from various States for any train. He as referred to
chart, brought on the record as Annexure R-6, to the affidavit where
F
details of trains demanded from different States have been compiled
with.
4. Shri Tushar Mehta, learned Solicitor General, submits that
Railway Ministry has made it clear that any demand for Shramik special
train shall be met within 24 hours by the Railway Ministry and total
demand, which is now pending is only 171 trains whereas Ministry has G
earlier run 250 trains in one day. Shri Tushar Mehta submits that for
the train travel no fare is being asked from the migrant labourers and
the same is borne as per arrangement between originating State and
receiving State. He submits that in train journey food and water is
provided by the originating State and in journey for a period of more H
8 SUPREME COURT REPORTS [2020] 9 S.C.R.
A than 12 hours one meal is also provided by railways. Shri Tushar Mehta
submits that Central Government with the support of National Highway
Authority of India is facilitating the shifting of migrant workers, who
were found walking on the roads, by providing them with the requisite
transport to the nearest railway stations. Shri Tushar Mehta submits
that on account of opening of various industries, factories etc., in
B
pursuance of decision taken by Central Government and the guidelines
issued thereunder, several migrant workers, who were earlier willing
to return to their native place have changed their mind and some of
them have joined their places of work and are working. Shri Tushar
Mehta has also submitted that in view of the fact that since several
C States were not giving consent for accepting Shramik special train,
despite demand, Ministry of Home Affairs issued an order on
19.05.2020 removing need for consent. Shri Tushar Mehta submits that
under various Central Government schemes like Antyodaya Anna
Yojana food grains have been provided for every household. He submits
that under Pradhan Mantri Garib Kalyan Anna Yojana @ 5 kg per
D
person per month for a period of three months (April-June, 2020) is
distributed free of cost. Shri Tushar Mehta submits that demands, which
are already with the railways, shall be provided as prayed by the different
States and if any further demand is received, the same shall be met
within 24 hours by the railways.
E 5. The State of Maharashtra, State of NCT of Delhi and the
State of Gujarat are the States from where substantial number of
migrant workers were sent to their native places. These States have
also filed their replies which we shall notice hereinafter. An affidavit
has been filed on behalf of State of Maharashtra. The affidavit states
F that Government of Maharashtra has taken a policy decision on
29.03.2020 to provide free of cost immediate relief to the persons,
labourers, displaced workers including migrant labourers, who are
affected due to lockdown by way of establishing relief shelter camps.
It is stated that Committees were constituted to provide and supervise
the work. These Committees also identify the non-governmental
G organisations and other groups of persons engaged in social work, who
are willing to help migrant labourers. Shri Chitnis, learned counsel,
appearing for the State of Maharashtra submits that about 12 lakhs
migrant labourers have been sent to their native places. More than 5
lakhs passengers have been ferried free of cost by buses of
H Maharashtra Road Transport Corporation. On a query by the Court,
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS 9
as to how many stranded migrant labourers are still in the State of A
Maharashtra, Shri Chitnis submits that about 37,000 are still waiting to
return. He submits that State of Maharashtra has requested for only
one train to the railways. He further submits that registrations of migrant
workers are being done and a list of migrant labourers have been
prepared by the State and most of the labourers have been shifted to
B
relief shelters where they are waiting for their turn to board the buses
and trains. We may notice, at this stage, that although in the affidavit,
the State claims that it is providing food and shelter to migrant workers
and list of entire workers is prepared, such claim has been refuted in
different affidavits and materials brought on the record by intervenors
and various individuals. It is submitted that there is no proper C
arrangement of food to the migrant labourers nor there is any simple
manner of registration of the workers. There are huge lapses on the
part of the State authorities in implementing State policies and decisions
and most of the claims are only on paper causing great miseries and
hardship to the migrant workers.
D
6. We are of the view that State has to take a more vigilant and
concentrated effort in identifying the migrant workers, who are still
stranded in State of Maharashtra and who are willing to return to their
native places. The Government should publicise and announce the places
i.e police stations or any other suitable place for identifying/registering
the workers, who have not yet been provided any train or bus journey. E
The State Supervisory Committee, District Supervisory Committee and
its officials should ensure that all migrant labourers, who are willing to
go to their native place, should be identified, provide them food and
shelter and no complaint is received of not providing facility of journey
or food by the stranded migrant labourers. F
7. Shri Sanjay Jain, Additional Solicitor General, has appeared
for NCT of Delhi. Shri Jain submits that from NCT of Delhi about 3
lakhs migrant workers have been sent to their native places by 236 trains
and about 12,000 have been sent by buses. He submits that about 6.5
lakh persons have already registered themselves at the web portal of G
the Government of NCT of Delhi. SMS and IVRs have been sent to
these registered persons for their travel back to their native place. He
submits that about 2 lakhs migrant labourers have chosen to not to go
to their native places, presumably due to the fact that after opening of
the industry and establishment they have reengaged themselves to the
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10 SUPREME COURT REPORTS [2020] 9 S.C.R.
A work. Shri Jain, however, submits that NCT of Delhi shall identify the
migrant workers, who are willing to go to their native place and provide
necessary rail and road transport facility to them. Shri Jain also submits
that there are medical, screening and help desk centres to facilitate the
migrant workers.
B 8. A status report has also been filed on behalf of the State of
Gujarat. Shri Maninder Singh, learned senior counsel, submits that till
01.06.2020, more than 14 lakhs migrant workers have been sent to their
native places by 999 Shramik trains. From 24.05.2020, no train fares
for Shramik trains are being charged from the migrant workers. He
submits that in Gujarat there were approximately 23 lakhs migrant
C workers, who were working at different places. Approximately 5,75,000
workers have been sent by road transport to other States. He submits
that out of 23 lakhs about 20,50,000 have already been sent. No bus
fare has been charged from inter-state migrant workers and shall not
be charged. The directions issued by this Court on 28.05.2020 are being
D complied with by the State. For registration an online portal “Digital
Gujarat” has been set up by the Government and also a parallel,
effective, decentralized system has also been worked out. Learned
counsel for the State submits that once the name of migrant worker is
included in the list, he or she gets to depart for the native State within
4-5 days and they are informed accordingly. Several advisories were
E issued by the Labour Commissioner. The Government of Gujarat has
decided to transfer Rs.1000/- directly to the account of workers including
migrant labourers registered under the Building and other Constructions
Workers Welfare Board. Food is also provided under different scheme.
Shri Maninder Singh also submits that only some of the workers may
F be willing to go to native place, others have re-joined their employment.
9. The State of Uttar Pradesh has filed its detailed response in
pursuance of our order dated 28.05.2020. Shri P.S. Narsimha, learned
senior counsel, has appeared on behalf of State of Uttar Pradesh. Shri
Narsimha submits that 25 lakh workers have successfully and safely
G returned to their homes in the State. Shelter homes for migrant labourers
have been set up. Uttar Pradesh State Road Transport Corporation by
its buses ensuring that all migrant labourers reach their homes safely
and free of cost. The migrant labourers are sent for home quarantine
for 15 days and while leaving centre he is provided one ration kit as
well as a cash amount of Rs.1000/-. He submits that apart from
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IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS 11
receiving migrants from other States special trains are also operated A
for sending migrant labourers from State of Uttar Pradesh and more
than 1 lakh migrant labourers have safely deported to the concerned
States. Shri Narsimha submits that at present there is no migrant labour
left in the State of Uttar Pradesh, who has to go to any State. Apart
from Shramik trains, migrants have been brought by buses by the State
B
of Uttar Pradesh from Delhi-U.P border as well as form other States
i.e. from Rajasthan, Haryana, Uttarakhand, Madhya Pradesh. Buses
have also been sent to Rajasthan, Haryana, Madhya Pradesh, Bihar,
Uttarakhand, Jharkhand and Chhattisgarh. Health and medical facilities
have also been provided and shelter home arrangements for food is
also been made by the State Government and there is inspection and C
supervision to all facilities. With regard to those migrants, who were
found walking on the road, pick-up and drop points have been made
on National Highways and the migrants are taken to shelter homes or
quarantine centre. With regard to interim directions, issued by this Court
on 28.05.2020, details of compliance have been incorporated in the
D
reply. Shri Narsimha further submits that the State Government is also
taking steps for providing more and more employment to migrant
labourers who have come in the State. Several institutions have proposed
to provide opportunity for employment in their industrial units of about
11 lakh migrants.
10. Shri Ranjit Kumar, learned senior counsel, has placed response E
on behalf of State of Bihar. It is submitted that about 28 lakh migrants
have returned to the State of Bihar. The migrants have returned both
by train as well as by road transport. The State has set up camps. The
State is in the process of setting up District Counselling Centre for
migrant labourers, who shall examine the skill level of the skilled/ F
unskilled labourers and suggest the options of employment available in
the State. The State has also provided Rs.1000/- to each migrant of
Bihar stranded outside the State.
11. A status report on behalf of State of Madhya Pradesh has
also been filed. It is submitted by learned counsel that about 14 lakh G
migrant labourers have returned to the State and there are only 25,000
workers, who remained to come back in the State of Madhya Pradesh.
Government has deployed buses to bring migrant labourers from other
States. The State proposed to undertake survey of migrant labourers
and the labourers will be registered under different schemes to provide
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12 SUPREME COURT REPORTS [2020] 9 S.C.R.
A possible employment to them. Control room has been established for
helping migrant labourers. With regard to direction issued by this Court
on 28.05.2020, details of steps taken by the State has also been
enumerated.
12. Dr. Manish Singhvi, learned senior counsel appearing for the
B State of Rajasthan, submits that about 13.6 lakh migrant labourers have
returned back and there are not many migrant labourers, who are left
in the State of Rajasthan to awaiting return to their native places.
13. Learned counsel for the State of Karnataka submits that there
are less than 1 lakh stranded migrant workers, who are still awaiting
C return. He further submits that due to opening of the industries in the
Bangalore and other areas, most of the workers have re-joined their
employment.
14. Learned counsel for the State of Kerala submits that 1.53
lakh workers have been transferred to 100 Shramik trains. There are
D 1.2 lakh workers still awaiting for return.
15. State of West Bengal has also filed affidavit in compliance
of order dated 28.05.2020. Learned counsel submits that 6,82,558
workers are still to come to West Bengal, who are in different States.
Learned counsel for the State has stated that State is willing to
E accommodate as many special trains as are further required by
originating State. For travel by special trains, the entire cost, on behalf
of the migrants, is being borne by the State of West Bengal. State has
further stated that despite severe cyclone AMPHAN and the disaster
caused by the natural calamity, Government of West Bengal remains
committed to steadily bring back the migrant workers through a
F systematic process. Learned counsel submits that Government of West
Bengal demanded 17 trains for migrant workers, who are stranded there.
Learned counsel submits that in a short period, not more than two
weeks, all stranded workers shall be send to their native places.
16. We have also heard learned counsel appearing for the other
G States as well as Union Territories. More or less similar submissions
have been made except the difference in figours of migrant workers
stranded and those, who have come to States.
17. After hearing the learned Solicitor General as well as learned
counsel appearing for the different States and Union Territories, we
H have also heard some of the learned counsel, who have appeared to
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS 13
assist the Court by giving their suggestions to ameliorate the conditions A
of the migrant workers.
18. Shri Kapil Sibal, learned senior counsel, made two
submissions. He submits that the Central Government may be directed
to bring on record the guidelines for the Minimum Standards of Relief
to be provided to the persons effected by the disaster as contemplated B
in Section 12 of the Disaster Management Act, 2005. With regard to
the migrant workers, who are still stranded in different places, Shri Sibal
submits that States should evolve decentralised process for registration
of migrants so that their request for return to their native place be
immediately attended to. He submits that the migrants can be asked to
register at police station in whose jurisdiction they are residing for the C
time being.
19. Mrs. Indira Jaising, learned senior counsel, submits that tens
of thousands of workers are yet to return. She submits that number of
trains which are sought at different States are not sufficient whereas
number of workers are much more and State should demand more trains D
to facilitate immediate transportation of workers. She submits that
registration process should be simplified i.e. it is submitted that State
of Tamil Nadu has hired a third-party contractor to do the registration.
It has come with a form requiring filling of 21 answers in English, which
is causing great difficulties to the migrants, most of whom are illiterate. E
The shortage of trains and buses should be immediately taken care by
the State. It is submitted that workers spent significant money to reach
home. Mrs. Indira Jaising further submits that throughout the country
quarantine centres were reported to be filthy, unclean toilets with
medical facilities missing, food distribution is also not happening as
claimed. She submits that cash assistance be given to migrant workers F
at least of Rs.7500/-. Information of train by publicising on T.V., All
India Radio and Newspapers so that there is no confusion about the
time, place and destination of the trains. Compensation be also provided
to the migrant workers. It is further submitted that in view of the
Finance Minister’s announcement on 14.05.2020, promising 5 kgs of G
grain per person and 1 kg of Chana Dal to per family per month free
of cost for two months, the said be directed to be implemented within
two weeks.
20. Shri Collin Gonsalvis, learned Senior Counsel submits that
states should allow the migrant workers to register at Police Stations/ H
14 SUPREME COURT REPORTS [2020] 9 S.C.R.
A Railway stations. He further submits that migrant workers who reach
to their native place if found Asymptomatic should not be quarantined
and Quarantine Centres be used only for symptomatic migrants only.
21. Dr. Abhishek Manu Singhvi, learned senior counsel, has also
made suggestions regarding identification of stranded migrant labourers,
B setting up of reception/facilitation centres, formulation of Nation-Wide
plan, formulation of scheme for medicine, food & shelter, release of
financial relief announced, formulation of scheme for employment,
education, well-being and launch awareness programmes.
22. Shri K.V. Vishwanathan, learned senior counsel, has referred
C to NLS-Migrant Mazdoor Program. Under which 180 migrants were
air lifted from Mumbai to Jharkhand. He submits that NLS-Migrant
Mazdoor Program, is an initiative by few alumni of the National Law
School of India University, Bengaluru.
23. Mr. Jaideep Gupta, learned senior counsel, has also prayed
D for direction for direct transfer by Central Government. He submitted
about payment of compensation by railways on account of death.
24. An application was filed by National Human Rights
Commission for intervention, which has been allowed. In the application
the National Human Rights Commission has referred to six instances
E where the National Human Right Commission has taken suo motu
cognizance of the issues and had issued notices to various Government
departments. We have no doubt that National Human Rights
Commission shall take those proceedings to its logical end. National
Human Rights Commission has also suggested certain short-term
measures and long-term measures to ameliorate the conditions of the
F migrant workers. Reference of enactments, namely, Inter-state Migrant
Workmen (Regulations of Employment and Conditions of Service) Act,
1979 as well as Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996 have been made to. Reference has
also been made to Unorganised Workers’ Social Security Act, 2008.
G With regard to working of the aforesaid enactments and the measures
taken by the different States, we shall consider the response of the
States and thereafter shall consider the issues raised regarding
short-term measures and long-term measures.
25. It has also been brought before us that various High Courts
have also taken notice of cases of migrant labourers. High Courts being
H
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS 15
constitutional Courts are well within their jurisdiction to take cognizance A
of violation of fundamental rights of migrant workers and we have no
doubt that those proceedings shall proceed after considering all aspects
including the response of concerned authorities.
26. As noted above, the State and Union Territories in their
affidavits have referred to various measures, the orders and guidelines B
issued by the Central Government, the orders issued by the National
Executive Committee under the Disaster Management Act, 2005,
policies and decisions taken by the concerned States. The States and
Union Territories claimed to be following all directions and policies and
taking necessary steps for running the relief camps, shelter camps,
attending the needs of food and water of the migrants, attending the C
requirement of transportation of migrant workers to their native places.
There can be no exception to the policies and intentions of the State
but what is important is that those on whom implementation of circulars,
policies and schemes are entrusted are efficiently and correctly
implementing those schemes. Lapses and short-comings in implementing D
the schemes and policies have been highlighted by various intervenors
in their applications and affidavits. The responsibility of the States/Union
Territories is not only to referring their policy, measures contemplated,
funds allocated but there has to be strict vigilance and supervision as
to whether those measures, schemes, benefits reaches to those to whom
they are meant. We impress on States and Union Territories to E
streamline the vigilance and supervision of actions of their officers and
staff and take appropriate action where required. We also have no doubt
that most of the officers, staff of administration and police are
discharging their duties with devotion and hard-work but the lapses have
to be taken note of and remedial action be taken. We further notice F
from the materials on record that police officers of States, para-military
forces wherever deployed are doing commendable job but some
instances of excess with regard to migrant labourers are also there.
The migrant labourers, who were forced to proceed to their native place,
after cessation of their employment are already suffering. The Financial
difficulty being with all the migrant labourers invariably they have to G
dealt by the police and other authorities in a humane manner. The
concerned Director General of Police/Police Commissioner may issue
necessary directions in this regard.
27. We may also notice one more fact. Although it is the
responsibility and duty of the States and Union Territories to take care H
16 SUPREME COURT REPORTS [2020] 9 S.C.R.
A of all the needs of migrant labourers but in this difficult time non-
governmental organisations and individuals have also contributed and
played an important role in extending helping hand to the migrants. The
society as a whole was moved by miseries and difficulties of migrant
labourers and it exhibited its passion and devotion by way of individuals.
Non-governmental organisations coming forward to help the migrant
B
workers and to fight the pandemic and extend help by providing food,
water and transportation at their cost which deserves all appreciation.
28. The foregoing discussions reveal that as far as transportation
of migrant workers to their native places by train, road or other means
are concerned, substantial portion of stranded workers have already
C been accompliced by the State Governments, railways and other
organisations. But still there are stranded migrant labourers in different
States specially in State of Maharashtra, NCT of Delhi, State of West
Bengal, State of Tamil Nadu and State of Gujarat. The schedule of
demand of train, as brought on the record by learned Solicitor General,
D indicate that the total demand of trains by the States and Union
Territories is 171 running from 03.06.2020 to 16.06.2020. The process
of transportation by rail and road has to be completed by all States and
Union Territories so that the next stage of attending the needs of migrant
labourers be looked into i.e. source of employment and providing food
and ration for them. All the learned counsel for the States are agreeable
E that within maximum 15 days, all stranded workers will be transported
from places where they are stranded.
29. We, thus, direct that all the States/Union Territories to
transport all stranded workers by train, bus or other mode within 15
days from today.
F
30. For identifying the migrant workers in different States, the
protocol of registration is already invoked. We are further of the view
as already directed vide order dated 28.05.2020 that the process of
registration be simplified. We are of the view that identification of
migrant workers be immediately completed by all the States/Union
G Territories and those migrant workers, who are not yet registered,
immediate steps be taken by decentralising the process of registration
by providing facility of registration to the migrant workers at nearby
places including police stations and other places of local administration
as may be notified. The information regarding journey by train and bus,
H which is to be undertaken by stranded workers should be publicise
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS 17
through local newspapers, local T.V. channels so that necessary A
information reaches to concerned migrant workers.
31. As noted above, majority of stranded workers have reached
at their native places. The second major task which has now to be
undertaken by the concerned States and Union Territories is of taking
care of those migrant workers/labourers who have returned to their B
native places after cessation of their employment. The first step in this
regard is to maintain record of all such migrant workers, who have
arrived at different places, towns in different States. The details of
migrant workers, nature of their skill, place of their earlier employment
be maintained in prescribed proforma to be formulated by the concerned
State at village level, block level and the district level so that necessary C
helps can be extended by the State authorities and district authorities
to these migrant labourers. Counselling centres be set up by the
concerned State at block level and the district level to provide all
information regarding Government schemes and other avenues of
employment to these workers and where possible to expand the avenues D
of employment to these workers so that they may not sit idle and they
may be utilised as a resource by the State. Various counsel appearing
for the States and other counsel have also submitted that some of the
migrant labourers, who got themselves registered to return to their native
place have changed their mind and after reopening of the industries
and factories they have re-joined employment and are not willing to E
return. It is further submitted that some of the migrant workers who
have returned to native place, now are willing to come back to their
place of employment and are ready to undertake return journey in search
of the employment. The State may also provide necessary information
and facilitate the return of the workers who want to return to their F
employment. Necessary information should be provided by the State
in this regard by creating help desk with the help of railway authorities
and road transport authorities. Apart from schemes, which are run by
the Central Government for the benefit of people in the country, each
State have also their own schemes taking care of different aspects
including providing avenues for employment. Migrant labourers and G
other needy persons should be made aware of all schemes through
counselling centres and help desk which may be established by the States
at district levels and block levels to extend helping hand to large number
of migrant workers. We are also of the view that all States and Union
Territories should bring on record the different schemes which are H
18 SUPREME COURT REPORTS [2020] 9 S.C.R.
A enforced in the concerned State which may benefit these migrant
labourers so that it may also be examined by this Court for issuing
appropriate direction in that regard.
32. We, thus, grant further two weeks’ time to all the States and
Union Territories to submit additional affidavits in response to various
B aspects, as noticed in this order. The Central Government may also bring
on record the different schemes which can be taken by migrant labourer
which may also be taken by additional affidavit within two weeks.
33. The National Disaster Management Authority in exercise of
power under Section 6(2)(i) decided to direct the Ministries/Departments
C of Government of India, State Governments and State Authorities to
take measures for ensuring Social Distancing so as to prevent the spread
of Covid-19 in the country w.e.f. 25.03.2020 for twenty-one days.
Necessary guidelines were also issued on 24.03.2020 by the
Government of India, Ministry of Home Affairs. The migrant labourers
on account of Lockdown measures enforced w.e.f. 25.03.2020, and due
D to closure of their place of work/source of employment started moving
in several parts of the Country to reach their hometown. The
Government of India, Ministry of Home Affairs noticed this fact on
29.03.2020 in following words: -
“Whereas, movement of large number of migrants have taken
E place in some parts of the country so as to reach their hometown,
this is the violation of Lockdown measures of maintaining Social
Distance.”
Under the guidelines, movement by migrants also constituted an
offence under Section 51 of Disaster Management Act, 2005. Police
F Authorities started stopping such movements and also registered certain
First Information Reports against the migrant labourers. The movement
of migrant labourers, tourists and students was permitted by the
Government only w.e.f. 29.04.2020. There may be First Information
Reports or complaints against migrant labourers alleging violation of
G Lockdown measures in moving on roads. The migrant labourers who
were earning their bread by working in different establishments due to
cessation of work were forced to move to their hometown. The action
of movement of these migrant labourers after enforcement of the
Lockdown measures was by force of circumstances. We are of the
view that the State may consider withdrawing Prosecution/Complaints
H
IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS 19
lodged against such migrant labourers for the offences as referred to A
in Section 51 of the Disaster Management Act, 2005 and other related
offences lodged against the migrant labourers during the period of
Lockdown under Disaster Management Act, 2005.
34. In view of the foregoing discussions, we are of the view that
apart from what has been indicated above certain further directions are B
necessary to be issued to ameliorate the conditions of the migrant
workers pending consideration of other issues as noticed above.
35. We, thus, in addition to directions already issued by our order
dated 28.05.2020 and measures as directed above, issue following
further directions to the Central Government, all States and Union C
Territories:
(1) All the States/Union Territories shall take all necessary
steps regarding identification of stranded migrant
workers in their State which are willing to return to their
native places and take steps for their return journey by D
train/bus which process may be completed within a
period of 15 days from today.
(2) In event of any additional demand, in addition to demand
of 171 Shramik trains, as noticed above, railway shall
provide Shramik trains within a period of 24 hours as E
submitted by learned Solicitor General to facilitate the
return journey of migrant workers.
(3) The Central Government may give details of all schemes
which can be availed by migrant workers who have
returned to their native places. F
(4) All States and Union Territories shall also give details
of all schemes which are current in the State, benefit
of which can be taken by the migrant labourers including
different schemes for providing employment.
(5) The State shall establish counselling centres, help desk G
at block and district level to provide all necessary
information regarding schemes of the Government and
to extend helping hand to migrant labourers to identify
avenues of employment and benefits which can be
availed by them under the different schemes.
H
20 SUPREME COURT REPORTS [2020] 9 S.C.R.
A (6) The details of all migrant labourers, who have reached
their native places, shall be maintained with details of
their skill, nature of employment, earlier place of
employment. The list of migrant labourers shall be
maintained village wise, block wise and district wise to
facilitate the administration to extend benefit of different
B
schemes which may be applicable to such migrant
workers.
(7) The counselling centres, established, as directed above,
shall also provide necessary information by extending
helping hand to those migrant workers who have
C returned to their native places and who want to return
to their places of employment.
(8) All concerned States/UTs to consider withdrawal of
prosecution/complaints under Section 51 of Disaster
Management Act and other related offences lodged
D against the migrant labourers who alleged to have
violated measures of Lockdown by moving on roads
during the period of Lockdown enforced under Disaster
Management Act, 2005.
36. List the matter on 08.07.2020.
E
Divya Pandey Directions issued.
F
G
H
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