Supreme Court to States: Provide jobs to migrants, drop cases against them

* Keep vigilance on schemes for migrants; Police should be humane, says apex Court

* No train travel fare is being charged from migrant labourers: Solicitor General

NEW DELHI: The Supreme Court on Tuesday passed a slew of directions to State governments and Union Territories (UTs) to provide benefits for migrant workers, who returned to their native States and directed the governments to submit schemes to generate employment for the migrants, and also to withdraw cases against them for violating lockdown orders. The Court said that all cases registered against migrants' who allegedly violated lockdown orders, under the Disaster Management Act 2005, should be dropped.

A bench comprising Justices Ashok Bhushan, Sanjay Kishan Kaul and M.R. Shah noted that the responsibility of the States/UTs has to include strict vigilance and supervision as to whether those measures, schemes, benefits reach those to whom they are meant.

"We impress on States and Union Territories to 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, staffs 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 taken", said the bench.

The bench added that from the materials on record that police officers of States, paramilitary 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 be dealt with by the police and other authorities in a humane manner," said the bench, insisting that the Director General of Police/police Commissioner may issue necessary directions.

The bench said 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 is looked into i.e. source of employment and providing food and ration for them.

The top Court also observed it has also been brought to its notice that various High Courts have also taken notice of cases of migrant labourers. "High Courts being constitutional Courts are well within their jurisdiction to take cognizance 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 the authorities", added the bench.

All migrant workers' should be sent back home within 15 days from Tuesday, and they should be identified through registration in their home States, added the bench. The top Court has asked the States and the UTs to submit their response by July 8. The bench added that the authorities concerned should map the employment relief provided to the migrant workers' and the Centre and States should adopt a streamlined process to identify migrant labourers.

The ruling from the bench came on the problems and difficulties faced by the migrant workers' in the backdrop of nationwide lockdown imposed to contain the spread of coronavirus. The top Court had taken suo moto cognizance of the matter. The top Court also directed the States and the UTs to set up counselling centres to disseminate information on job and benefits schemes.

The top Court said the authorities concerned should gather information on the details of workers', which include the nature of their past employment, and also the counselling centres to help them to go back to their place of employment.

Meanwhile, Solicitor General Tushar Mehta informed the Supreme Court that for train travel no fare is being charged from the migrant labourers and the same is borne as per arrangement between originating States and receiving States. (IANS) 

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