Allahabad High Court: A Division Bench of Govind Mathur, CJ Ramesh Sinha, J. while issuing notice to the State of Uttar Pradesh called upon the State to provide the rehabilitation scheme for migrant workers, policy and norms for providing medical facilities to them and complete layout to reduce migration of the natives of Uttar Pradesh to other parts of the country.
Advocates for the petitioner, Gaurav Tripathi and Ritesh Srivastava by the instant petition have agitated the cause of “Migrant Labourers” who in their opinion are travelling on foot from their working place to hometown.
Neither the Central nor the State Governments, where the labourers were working made adequate arrangements for their movement and their families.
It is also reported that even at Railway Stations no food is available, hence, the people travelling in the trains known as “Shramik Special” are facing starvation.
They asserted that there is no term like “Migrant Labourer” or “Migrant Workmen”. Statute prescribes only the labourer or workmen hence, it was States responsibility where the workmen were working to provide necessities during the lockdown.
Present circumstances, as per the petitioners, is nothing but to put lakhs of workmen in a condition close to death without any fault on their part.
Petitioners stated that due to non- availability of basic infrastructure for employment in the State of Uttar Pradesh, lakhs of people use to migrate to the other States to earn their livelihood.
Present attitude of the State Governments where these people were working is contrary to the spirit of union and federal structure, therefore, it is more necessary for the State of Uttar Pradesh to strengthen its edifice for local employment.
Court with regard to the issue of transportation and providing food for so called ‘Migrant Labourers’ stated that Supreme Court taking suo moto cognizance on the said issue had already dealt with the same.
Further, Court deemed it appropriate to call upon the State to explain on the policy and norms for providing medical facilities and treatment to migrant workmen and their families alongwith the scheme for rehabilitation of migrant workmen and their families in the State of Uttar Pradesh.
State also directed to give a complete layout to reduce migration of the natives of Uttar Pradesh to other parts of the country to earn minimum livelihood.
Thus in view of the above Court issued notice to State of U.P. [Ritesh Srivastava v. State of U.P., 2020 SCC OnLine All 633 , decided on 26-05-2020]