PIL Filed In SC For Ensuring Welfare Of Migrant Workers During National Lockdown

An advocate has filed a Public Interest Litigation (PIL) in the Supreme Court seeking its urgent intervention to ensure essential supplies such as food, water, shelter and medical aid are immediately made available to migrant workers who are attempting to walk back to their villages after the nationwide lockdown was announced amidst the Corona virus crisis.

Highlighting the 'large scale human distress", the petitioner, Advocate Alakh Alok Srivastava, seeks a direction to the local administration and police authorities across the country to urgently identify aggrieved migrant workers, and their families, in their areas and immediately shift them to the nearest government facility (shelter homes or other accommodation) where their daily essentials will be catered to, under medical supervision, in a dignified manner till the lockdown continues.

Soon after the nationwide lockdown came into effect, from midnight of March 25, a large number of migrant workers in the unorganized sector were left without any means of income and very limited resources at their disposal. Many of these workers, along with their family members, have been left with no option but to try and walk to their villages due to the absence of any other mode of transport.

The petitioner states that the world is witnessing an unprecedented health emergency due to the deadly Novel Corona virus, and the decision for a 21-day nationwide lockdown is indeed essential to prevent the same from spreading. However, "the biggest sufferers of this crisis situation are the poor, unregistered migrant workers, working in various big cities of India as cycle-rickshaw pullers, rag pickers, construction workers, factory workers house maids, servants, unskilled and semi-skilled workers, etc.", he urges.

Drawing the Court's attention to the "heart wrenching plight" of these workers and their families, Srivastava informs that they "are either walking on foot or are left stranded at various parts of the country in an utmost inhuman condition" where they find themselves without access to any food, water, transport, medicine or shelter amid the outbreak of a global pandemic.

In addition to difficulties being faced by the workers in trying to make ends meet, Srivastava also raises concerns about villages of these workers not accepting them even if they manage to reach home, given that they will come with the stigma of being 'virus' carriers. It has also been stated that many workers will be unable to make it across borders and will remain stranded. Even if they do manage to enter their villages, mixing with the village population of these workers who might be infected "may exponentially increase the said virus with fatal consequences", adds Srivastava.

The indulgence of the Court has been sought on the pretext that though the Government is making sincere efforts to redress their grievances, travelling or stranded migrant workers are unable to avail the benefits of such government schemes.

"On 26.03.2020, the Government of India has announced a packaged of Rs.1.75 Lakh Crore under "Prime Minister Gareeb Kalyan scheme" to address the concerns of poor, migrant workers and those who need help in the present Coronavirus Crisis situation. However, the concern of the Petitioner is that the aforesaid migrant labourers, who are already travelling or stuck at different places, may not be able to avail the benefits of the aforesaid Scheme immediately."

The petitioner has further urged that in a crisis situation like this, Fundamental Rights of migrant workers under Article 14 and 21 are being violated, because of which immediate action from the Apex Court is sought in larger public interest.

Srivastava had also written a letter along the same lines to CJI SA Bobde earlier in the day.