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SC To States: Send Migrants Home Within 15 days, Give Them Jobs, Drop Cases

The Supreme Court on Tuesday asked the states to identify all migrant labourers and to make arrangements for them to be sent to their respective home states within 15 days.

In the suo motu matter concerning the migrant crisis effected by the COVID-19 pandemic, the Supreme Court today directed the Central and state governments to identify stranded migrant workers and transport them back to their native places within 15 days.

A bench of Justices Ashok Bhushan, Sanjay Kishan Kaul and MR Shah was passing directions on the suo moto matter regarding the crisis brought about the pandemic and the resultant loss of jobs leading to even large scale starvation. The court also said that all cases registered against migrants who have allegedly violated lockdown orders should be considered for withdrawal. The next date of hearing is July 8.

The top court also asked the centre and states to prepare a list for the identification of migrant workers in a streamlined manner. States and union territories were directed by the court to formulate a scheme for providing employment to migrant workers and collect data for giving them jobs after mapping their skills. Among other orders, the court said that states need to establish a system whereby returnee migrants are able to avail of employment opportunities.

Last Friday, the bench had reserved orders saying that it will give a 15-day period to the Central and state governments to transport all the remaining migrants to their native places. The court said, “What we intend to do is we will give you and the states 15 days’ time to transport all migrants. All states will bring on record how they will provide employment and other kind of relief. There should be registration of the migrants.”

Solicitor General Tushar Mehta had told the court that the government has transported an approximate of 1 crore migrant labourers so far.

“By road 41 lakh migrant labourers have been transported and 57 lakh by train,” he said.

On the statement made by the SG that they have on record a chart which shows how many workers yet to be shifted and how many trains are required for the said purpose. The bench replied that “according to your chart Maharashtra has only asked for one train”.

Thereafter, the bench puts the question in front of SG that “should we take that to mean that no other person will be going to Maharashtra?” and SG replied by saying “that’s what the Maharashtra government has told us and any state puts in a request for any number of trains are being provided by the govt within 24 hours”.

Later, the bench said that they will ask the States to submit their demands to the railways.

Justice Ashok Bhushan has said that “according to you (SG), more trains are not required in Maharashtra and Bihar?” thereafter he says that the bench will propose 15 days’ time so that States can be permitted to effectuate completion of transport.

“We’ll issue some directions in this regard. What we intend to do is we will give you & States 15 days’ time to transport all migrants. All states will bring on record on how they will provide employment and other kind of relief. There should be registration of the migrants”, Justice Bhushan.

It was on May 26 that a three-judge Bench of the Supreme Court, while taking suo motu cognisance of the migrant crisis, said there have been “inadequacies and certain lapses” on the part of the Central and state governments.

Read the Order Here;

11706-2020-34-1501-22499-Order-09-Jun-2020

-India Legal Bureau

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