Whether Migrant Workers should be avail facilities for their welfare in the situation of COVID-19 Pandemic?

Whether Migrant Workers should be avail facilities for their welfare in the situation of COVID-19 Pandemic? written by Ayush Patriya student of Sangam University, Bhilwara

S. Jeevan Kumar vs. the State of Telangana

Facts of the Case:

The material case arises out of a Present PIL filed by S. Jeevan Kumar against the State of Telangana before the High Court of Telangana as to whether Migrant Workers should be avail facilities for their welfare in the situation of such pandemic and to send them to their native place (Home Town).
The case involved the filing of PIL, In the condition of such a pandemic situation of the whole world, a lockdown has been imposed in the country, due to which the migrant workers did not have employment anymore and also they did not have sufficient money from which they can meet their basic requirements like – free food, water, shelter, hygiene, and medical requirements, etc.
Ms. Vasudha Nagaraj, the learned counsel for the petitioners, has inspected that there are about 1,50,000 brick kiln workers, who are employed in different brick kilns spread in at least eleven districts of the state. Moreover, according to her, most of the persons working in the brick kiln happens to be from outside of the State of Telangana. With the end of the brick production season, these laborers from different states need to return to their native states. However, they are finding it difficult to travel from Telangana state to their respective native states. Therefore, necessary arrangements are needed to be made for these brick kiln workers, now included and seen as migrant workers.
Recently, the Hon’ble Supreme Court by order dated on May 28, 2020, in Suo Moto Writ Petition (Civil) No. 6 of 2020 has issued directions to the Central and the State Government to look after the needs & concern of the migrant workers. One of the directions given by the Hon’ble Supreme Court to the states is to guarantee the transient laborers are moved liberated from cost to their individual destinations.

Issue of the Case

Whether The Migrant Workers Should Be Given Facilities For Their Welfare & Send Them To Their Native Places In The Situation of Pandemic???

Petitioner’s Arguments

• Writ Petition (PIL) has been filed with regards to the conditions of the migrant workers, who are traveling on the roads throughout the state, and especially those who are stranded at Medchal at Rangareddy District.
• By order dated May 29, 2020, this court had appointed Mr. Pavan Kumar, the learned counsel, as a Court Commissioner, and had directed him to submit the report concerning those migrant workers, who were allegedly stranded at Medchal. Mr. Pavan Kumar has submitted his report, which shall be taken on record.
• A bare perusal of the Report, as well as the concerns of the learned counsel, serves a clear picture of the migrant workers, who are trying to reach their respective destinations but are caught and stranded not only at Medchal, but even in Secunderabad, Nampally and Kachiguda.
• Recently, the Hon’ble Supreme Court by order dated on May 28, 2020, in Suo Moto Writ Petition (Civil) has issued directions to the Central and the State Government to look after the needs & concerns of the migrant workers. One of the directions issued by the Hon’ble Supreme Court to the states is to ensure that the migrant workers are transported free of cost to their respective destinations.
• Ms. Vasudha Nagaraj, the learned counsel for the petitioners, presents that the Deputy Commissioners, ought to be directed to investigate the brick kilns Labors who are working in their purview; they ought to be coordinated to discover the number of workers employed at the brick kilns; the number of workers, who are covetous and willing to return to their local villages/towns/cities. The said report should be submitted by the Deputy Commissioner, Labor to the Labor Department immediately. The Principal Secretary, Labor Department should be directed to consolidate the reports and examine the number of kiln workers who need to be transported to their respective places.
• Moreover, she submits that since the number of Sramik trains is being reduced, and since the migrant workers, who were traveling free of cost in these Sramik trains continues to be high, an endeavor should be made by the government to ensure that the number of Sramik trains is increased. She, further, presents that despite the fact that the Hon’ble Supreme Court has guided that migrant workers should be allowed to travel free of cost on the trains, they are not being permitted to board the special trains now being run by the government without charging the fare for this journey. This is creating Havoc among the migrant workers as they are currently unemployed and penniless. Therefore, she suggests that the government should request the railways’ department attach three to four bogies in the special trains, to permit the migrant workers to board the bogies in the special trains and that the government should ensure that the migrant workers travel to the destination free of cost. As indicated by the learned counsel, this will be in accordance with the headings given by the Supreme Court in its request referenced hereinabove.
• She further suggests that since a large number of migrant workers belong to the neighboring state of Orissa, Chhattisgarh, Karnataka, Andhra Pradesh, and Maharashtra, they can be transported easily by the use of RTC buses. Therefore, the government should restart the plying of the RTC buses for transporting the migrant workers to the borders of their respective States. A concerted effort should be made by the State Government with the neighboring State Governments to ensure that when the migrant workers are left at their border, they’re picked by the respective states, and are transported to the villagers /towns/City free of cost.
• Mr. Pawan Kumar, the Court Commissioner further presents that the government should be directed to plan an exhaustive approach as to the upkeep of the government assistance and the transportation of the traveler laborers. As per him, in his ongoing visit to Medchal, he has found that in the haven homes, given by the administration, there are pregnant ladies, lactating moms, little kids, and aged persons, who require the immediate attention of the Civil administration. According to him, although the Civil administration has been doing a commendable job in looking after the welfare of the migrant workers, although the welfare of the migrant workers, although the NGOs are working day and night for the welfare of the migrant workers, nonetheless, a comprehensive policy needs to be evolved by the State Government for tackling the present disaster and any future disaster that may affect within the state or within the country. He further informs this court that since transient workers are illiterate as well as non-Telugu speaking people, the enrollment cycle advanced by the administration for their transportation on Sramik trains/Special trains are too cumbersome for them. Therefore, a simpler form of the registration process and data collection should be evolved by the government.

Respondent’s Arguments

As from the side of Respondent side, whatever the directions will be given by the Supreme Court or High Court of Telangana may be pleased to follow-up transport services for the migrant workers stranded at the Telangana-Maharashtra border to their destination towns and to arrange food, water, and toilets for those who have already arrived by way of RTC and other private buses.

Judgment

High Court issued the following direction on perusal of the above:
• Deputy Commissioners are directed to inspect the brick kilns Labors functioning within their jurisdiction. They are directed to find out the number of workers still employed in the brick kilns, and the number of workers, who would like to return to their respective native States. Arrangements should also be made by the Deputy Commissioners for transportation.
• It shall be the duty of the State Government to ensure that the brick kiln workers, and the migrant workers, housed in Secunderabad and any other area of the State, and are comfortably looked after.
• State Government should seriously consider the use of RTC buses to transport migrant workers.
• State Government should coordinate with the Railway Department and should request the Railway Department to:
(i) increase the number of Sramik Trains not only for the neighboring states, but also for destinations to the other Indian states such as Jharkhand, Bihar, Utter Pradesh, Madhya Pradesh, and Rajasthan,
(ii) In case the number of Sramik Trains cannot be increased, then to request the Railways Department to attach four bogies specially marked for the migrant workers.
• Those migrant workers brought to Secunderabad, Hyderabad, Rangareddy, shall be permitted to board the trains from Secunderabad Railway Stations, or to board buses.
• State should also inform the neighboring State and should coordinate with the neighboring States with regard to the movement of the migrant workers on the buses, and their arrival at the border check-posts.
• State Government is directed to ensure that in the Shelter homes housing, the pregnant women, lactating mothers, children, and elderly persons, medical facilities are provided.
• Considering the fact that the migrant workers are illiterate, and because most of them are from neighboring States and are non-Telugu speaking people, the Government is directed to evolve a simpler form of the registration process.