High courts tell states to ensure aid to migrants struggling to get home

The Madras High Court said that ‘one cannot control their tears’ seeing the plight of the migrant labourers.

On the day the Supreme Court bench said dealing with migrant workers on the roads was the problem of the states and that it couldn’t really do anything about it, high courts across the country issued directions to states on dealing with the exodus of these people, many of whom have lost their jobs because of the ongoing lockdown to fight the spread of Covid-19, and are struggling to get back home.

Migrants resting on concrete pipes after they were stopped by Uttar Pradesh Police from entering UP on foot at Ghazipur border in New Delhi. (Ajay Aggarwal /HT PHOTO)

Ignoring the plight of migrant workers who are walking back home will amount to dereliction of duty of the court as a protector of the poor, the Andhra Pradesh high court said on Friday issuing a slew of directions to government officials to alleviate the hardships of the labourers on road.

Hearing a public interest litigation, the court said that migrant workers had left their homes and moved to cities for their livelihood and their that toil ensured that others led a comfortable life.

“They deserve more help particularly when they are trekking back with their heads held high instead of living at someone’s mercy ..If at this stage, the court does not react and pass orders, it would be failing in its role as a protector and alleviator of the suffering”, a bench of justices DVSS Somayajulu and Lalitha Kanneganti observed.

“The outpost centres established should not be mere takeaway counters. They should be stocked with adequate stock of good drinking water, dehydration salts and glucose packets which should be supplied to migrant labourers who are walking”, the court ordered. It also asked the state to arrange temporary toilets for migrant labourers assuring adequate privacy for women.

“Sanitary pad dispensing machines should be organised at every alternate centre at least…adequate arrangements for food should also be made and the same should be distributed to those who are walking on the national highway”, the order said.

Importantly, the court also ordered the National Highways Authority of India and the police department to use their patrol vehicles to pick up and transport migrant labourers who are facing difficulties in getting to the nearest shelter.

“Pamphlets should be printed in Hindi and Telugu informing the migrant labourers of the location of the shelters”, the court said.

The state government told the court that transport facilities have already been pressed into service to transport migrant workers back to their home states.

“Efforts should be made to convince migrants to stop walking and to take the transportation being provided by the state government”, the order said.

The court also directed that its interim directions should be followed till the mass migration stops and all migrant labourers are transported home.

“The compliance of interim measures should be reported to this court with the clear details of the shelters and services provided by 22.05.2020”, the court said.

The Madras high court also passed directions to the state and central governments after taking note of the conditions of migrant workers.

“One cannot control their tears after seeing the pathetic condition of migrant labourers shown in the media for the last month. It is nothing but a human tragedy”, the Madras high court said on Friday while hearing a petition highlighting the plight of around 400 migrant workers from Tamil Nadu who are stranded in Maharashtra.

Previously, on May 11, the Gujarat high court took suo motu cognizance of various news papers reports about the difficulties faced by migrant workers and issued directions to the state government on May 11 to come up with a concrete plan to tackle the issue. And on May 12, the Karnataka high court ordered the state and central governments to come up with a solution so that migrant workers, who are desirous of travelling back home but are unable to do so because of shortage of money to pay for the special trains, are not left in the lurch.

On Friday, the Supreme Court decided not to hear cases relating to the plight of migrant workers.

“How can we stop people from walking? It is impossible for this court to monitor who is walking and who is not walking”, the top court said.

Another plea for payment of minimum wages to migrant workers during the lockdown was also disposed of by the apex court on April 21 without any directions.