"Everyone Is Trying To Do Their Best In These Unusual Circumstances": SC On Plea Seeking Payment of Wages To Migrant Workers During Lockdown

The Supreme court on Tuesday took up the petition seeking payment of wages to Migrant Workers who are in dire straits in light of the lockdown imposed due to the COVID19 pandemic.

A bench comprising Justices NV Ramana, Sanjay Kishan Kaul & BR Gavai observed that the country has found itself in an unusual state of affairs and that the stakeholders involved were trying to do their best.

As per the petition, filed by social activists Harsh Mander and Anjali Bhardwaj, the lockdown order issued by the Central government under the Disaster Management Act discriminates arbitrarily between citizens affected by the same disaster.

Senior Advocate Prashant Bhushan, appeared for the petitioners and stated that there are still thousands of migrant workers who have no access to food and shelters remain crowded. 

"They have created a mockery of the system", added Bhushan.

Bhushan further submitted that according to research and studies that had been placed on record, 96% had not received rations from the Government.

Solicitor General Tushar Mehta, while questioning the source of Mr. Bhushan's arguments, submitted that there are vigilant helplines across the country which have been set up to ensure food reaches those who need it.

"Helpline numbers there, anyone can reach to this helpline and within an hour, food will reach to the needy persons! Their PIL is based on news reports" stated Mehta.

The SC had passed an order on March 31 regarding general welfare measures for migrant workers. In that case, the union government stated that about 21,064 relief camps have been set up across the country for migrant workers and about 6,66,291 migrant workers have been provided shelter in these camps.

"While it theoretically ensures that there is no loss of wages of workers who are employed on account of the disaster, it makes no provision for loss of livelihood suffered by self-employed daily wage earners (migrants or otherwise) who are affected by the same disaster and suffering the same hardships," the plea stated.

Mander stated that, even assuming these numbers are correct, there are several times that number of migrant workers in Delhi alone (estimated at 1.5 million).

Referring to various press reports, he stated that many of these migrant workers are still in the cities where they work, but in abject conditions, deprived of the means to work, any wages, money and thus access to food.