MALLIKARJUNA A Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) We have heard the petitioner appearing in person. The only prayer made in this petition reads thus:

(2.) On 29th March 2020, the Ministry of Home Affairs, Government of India has issued a direction that the migrant people who have moved out to reach their home states/home towns must be kept in the nearest shelter by the respective State/Union Territory Governments. The further direction issued is to provide quarantine facilities after proper screening for a minimum period of 14 days as per the standard health protocol. There is also a direction issued to the State/Union Territory Governments to ensure that adequate arrangements are made for providing temporary shelters and provision of food for the poor and needy people, including the migrant labourers stranded due to lockdown measures in the respective areas.

(3.) The petitioner appearing in person relies upon the Standard Operating System issued by the Central Government on 19th April 2020 for movement of the stranded labour which provides that in case of a group of migrants who wish to return to their places of work within the State where they are presently located, they should be screened and those who are asymptomatic should be transported to their respective places of work. The submission of the petitioner appearing in person is that if a labourer who is asymptomatic can be permitted to be transported to his place of work, there is no reason why he should be denied of an opportunity to go back to his house. He submitted that the act of placing the migrant workers in quarantine or in the shelters completely violates the fundamental rights of the migrant workers under the Constitution of India. He submitted that the fundamental rights of the migrants cannot be violated by detaining them in the shelters or in quarantine facilities and therefore, neither the Government nor the Courts can prevent the migrant workers from reaching their respective homes. Lastly, he submitted that the migrants cannot be put in quarantine or shelters for indefinitely long period.