COVID-19| Migrant Labourers: SC pulls up Maharashtra for lapses; says “this is not an adversarial litigation”

Supreme Court: The 3-judge bench of Ashok Bhushan, SK Kaul and MR Shah, JJ pulled up State of Maharashtra for submitting that it did not do the needful for arranging transportation of migrants who were still stranded in the State as it was not informed of the materials.

“The present is not an adversarial litigation and it is the duty of the State to find out shortcomings and lapses wherever found and to do the needful. The State cannot claim that unless the State is informed of the materials, it cannot reply or act.”

The Court was hearing the interim applications filed by Sarva Hara Jan Andolan and Delhi Sharmik Sangathan on 07.07.2020 where details with regard to the State of Maharashtra, migrants who are still awaiting to return and other difficulties faced in the State of Maharashtra were narrated.

The Court asked the State of Maharashtra to file affidavit by July 17, 2020 and give other details with regard to migrants who are still awaiting to return to their home town in the State of Maharashtra.

Earlier, on 09.06.2020, the bench had  directed all the States/Union Territories to take all necessary steps regarding identification of stranded migrant workers in their State which are willing to return to their native places and take steps for their return journey by train/bus which process may be completed within a period of 15 days.

The Court noticed that lapses and short-comings in implementing the schemes and policies have been highlighted by various intervenors in their applications and affidavits.

“The responsibility of the States/Union Territories is not only to referring their policy, measures contemplated, funds allocated but there has to be strict vigilance and supervision as to whether those measures, schemes, benefits reaches to those to whom they are meant.”

The Court had, on 26.05.2020, taken up the issue suo motu based on, newspaper and media reports and several letters and representations it received from different sections of society highlighting the problem of migrant labourers. The Court had directed the Solicitor General Tushar Mehta to assist the Court and by the next date of hearing bring in the notice of the Court all measures and steps taken by the Government of India and to be taken in this regard. After receiving the response from the Government, the Court had issued certain interim directions on May 28, 2020.

[IN RE : PROBLEMS AND MISERIES OF MIGRANT LABOURERS, 2020 SCC OnLine SC 563 , order dated 09.07.2020]


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