COVID 19Hot Off The PressNews

Government of India has allowed the movement of migrant workers by buses and ‘Shramik’ special trains to enable them to travel to their native places.

In order to capture the information regarding movement of migrants and facilitate the smooth movement of stranded persons across States, National Disaster Management Authority (NDMA) has developed an online Dashboard – National Migrant Information System (NMIS).

The online portal would maintain a central repository on migrant workers and help in speedy inter-State communication/co-ordination to facilitate their smooth movement to native places. It has additional advantages like contact tracing, which may be useful in overall COVID-19 response work.

The key data pertaining to the persons migrating has been standardized for uploading such as name, age, mobile no., originating and destination district, date of travel etc., which States are already collecting.

States will be able to visualize how many people are going out from where and how many are reaching destination States.The mobile numbers of people can be used for contact tracing and movement monitoring during COVID-19.

Click here to see Official Communication to States


Ministry of Home Affairs

[Press Release dt. 16-05-2020]

Case BriefsCOVID 19High Courts

Bombay High Court: A Division Bench of Shaji P. Chaly andM.R. Anitha, JJ., addressed a PIL with regard to issue of facilitating journey of persons stranded at Walayar Check-Post.

It has ben stated that, certain persons were stranded at Walayar Check-Post on 9th May, 2020 which is an entry point provided by the Kerala Government to permit interstate entry to people outside the State of Kerala.

Further the case put forth by the petitioners was that, even though the persons traveling had secured passes from the State of Karnataka and the State of Tamil Nadu, they could not secure passes from the State Government online since the platform offered by the State Government was not properly functional. Group of people included pregnant women, children, students, senior citizens and people with medical illnesses.

It is also submitted that even though the group of people tried their best to cross the border of the State of Kerala, the State officials did not permit them and they were even denied the basic amenities as is contemplated in the Government Order dated 2.5.2020 issued on the basis of the order of the Ministry of Home Affairs.

State Government submitted that, it is strictly adhering to the directives, orders and advisories issued by the Government of India and there is no manner of laches on the part of the Government in complying with the regulations and the guidelines issued for the purpose.

After assimilating the pros and cons and the facts and figures, Court is of the opinion that ,

every citizen of India has the fundamental right to travel throughout the territory of India and settle in any part of the territory of India by virtue of Article 19(1) (d) and (e) of the Constitution of India. However the State is at liberty to impose reasonable restrictions under clause (5) of Article 19.

In the present situation, attempts of the Governments are to contain the pandemic from being spread in an unprecedented and uncontrollable level to protect the interest of the general public and the nation as such.

Thus, looking at that angle it cannot be said that the action of the State officials not permitting the inter-state movement of the people in question is illegal or bad.

Hence Court is also conscious of the fact that there are clear parameters that, a person securing a pass from the host Government can start travel only after receiving the travel permit from the Kerala Government and the local authority of the person’s location to avoid any problem.

Additional Advocate General submitted that directions will be issued to the officials as a special case to issue passes and permit the people stranded at Walayar on 9.5.2020, who are presently accommodated in the guesthouse of the Tamil Nadu Government in Coimbatore, to cross the border.

Court also stated that, all those persons who are crossing the border in accordance with the passes so issued shall strictly adhere to the order and guidelines specified by State Government.

State Government is directed to ensure that basic facilities are provided to the persons reaching the entry points.

Another issue the Court considered was with persons stranded at Malahalla, for which the bench stated that,

even though Malahalla is not an entry point to receive the stranded persons, since it is submitted that 13 students are stranded there, which is also a forest area having presence of wild animals, the respondents shall adequately attend to the said matter so as to avoid any inconvenient situation.

Hence, in view of the above, matter to be posted on 12-5-2020. [Harish Vasudevan v. State of Kerala, 2020 SCC OnLine Bom 635  , decided on 10-05-2020]

COVID 19Hot Off The PressNews

In continuation of Ministry of Home Affairs earlier Orders and in exercise of powers conferred under Section 10(2)(I) of the Disaster Management Act, National Executive Committee ordered the following guidelines to be included in the consolidated revised guidelines for strict implementation:

Sub-clause (iv) under Clause 17 on Movement of persons:

(iv) Due to lockdown, migrant workers, pilgrims, tourists, students and other persons are stranded at different places.

They would be allowed to move as under:

a. All States/UTs should designate nodal authorities and develop standard protocols for receiving and sending such stranded persons. The nodal authorities shall also register the stranded persons within their States/UTs.

b. In case a group of stranded persons wish to move between one State/UT and another State/UT, the sending and receiving States may consult each other and mutually agree to the movement by road.

c. The moving person (s) would be screened and those found asymptomatic would be allowed to proceed.

d. Buses shall bemused for transport of groups of persons. The buses will be sanitized and shall follow safe social distancing norms in seating.

e. The States/UTs falling on the transit route will allow the passage of such persons to the receiving State/UT.

f. On arrival at their destination, such persons(s) would be assessed by the local health authorities, and kept in home quarantine, unless the assessment requires keeping the person(s) in institutional quarantine. They would be kept under watch with periodic health check-ups. For this purpose, such persons may be encouraged to use Aarogya Setu app through which their health status can be monitored and tracked.

The guidelines of MoHFW on Home Quarantine, dated 11-03-2020 may be referred.

To access the Order, please click the below link:

ORDER

COVID 19Hot Off The PressNews

Government of India has been giving a great deal of importance to the welfare of migrant labourers and stranded persons during the implementation of lock down measures for containment of COVID-19 in the country.

Cabinet Secretary has written to all States/UTs to ensure effective implementation of detailed guidelines issued by the Ministry of Home Affairs (MHA) for ensuring safety, shelter and food security of migrant labourers.

The Communication urges States to direct all District Collectors to immediately undertake a review of the situation. They may appoint nodal officers, if not already appointed, for coordinating and monitoring the issues related to migrant labourers. In metropolitan areas, Municipal Commissioners may be assigned the responsibility of implementation of welfare measures.

The document further states that all districts may undertake a comprehensive enumeration of migrant labourers and stranded persons and make all necessary arrangements for providing food and shelter for them.

The Communication directs that each relief camp should be under the charge of a senior officer. They may also enlist the support of civil society organizations and the network of mid-day meal facilities to provide food for all the stranded persons and migrant labourers during the period of lockdown.

Psycho-social counseling may also be provided to such persons, as per guidelines issued by M/o Health & Family Welfare in this regard, it adds.


Ministry of Home Affairs

[Press Release dt. 16-04-2020]

[Source: PIB]