Application Filed Before SC To Oppose The Shifting Of Migrant Workers To Their Homes [Read Application]

The IA has been filed in the Public Interest Litigation which seeks for the enforcement of the Fundamental Right to Life of lakhs of migrant workers stranded across the country as a result of the lockdown and for directions to be issued to the Central and State authorities to arrange for their safe travel to their hometowns and villages.

Filed by Advocate-on-Record Omprakash Parihar on behalf of intervenor Kamlakar R. Shenoy, the IA states that, in order to control the spread of Coronavirus, the imposition of lockdown must remain impartial and equal. Therefore, migrant workers cannot be exempt from the lockdown, despite the precautionary measures which are taken to contain the spread of the virus.

The IA refers to news reports which contend that medical tests are not accurate. Due to the probability of existence of false negatives, the IA states that it is unwise to allow the movement of migrants who have allegedly tested negative as asserted in the PIL, which has been filed by Advocate Prashant Bhushan on behalf of former Dean of IIM-Ahmedabad Jagdeep S. Chhokar and Advocate Gaurav Jain.

"The Petitioner's contention is that those who have tested COVID-19 negative should be allowed is laughable and preposterous, and there is a likelihood that respective authorities who want to run away from their responsibility of providing relief and shelter, may declare large number of poor migrants as COVID-19 negative…"

In light of the above, the IA seeks permission to intervene and to oppose the prayers in the PIL by contending that it is not desirable to allow migrant workers to travel to their homes as it will lead to the spreading of the virus.

Click here to download the Petition