IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS Vs. IN RE: PROBLEMS AND MISERIES OF MIGRANT LABOURERS

JUDGEMENT

(1.) In pursuance of our order dated 28.05.2020 an affidavit, on 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 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 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 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 pandemic. He submits that initially on 25.03.2020, when the National lockdown was declared, the first priority was to contain the spread of vires 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 Government of India, Ministry of Home Affairs, allowing movement of migrant workers, pilgrims, students and other persons, who were 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 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 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, 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". 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 details of trains demanded from different States have been compiled with.