Not possible to issue direction unless govt. decides on migrant labourers: High Court

Its observation comes while hearing petitions filed by NGOs

April 16, 2020 03:09 am | Updated 03:13 am IST - Mumbai

The Bombay High Court on Wednesday said unless a survey was carried out to know the health conditions of migrant workers and a decision was taken by the State or the Centre, it would not be possible to issue any directions. This comes a day after hundreds of migrant workers gathered near Bandra station to head back home.

A Single Bench of Justice R.K. Deshpande was hearing three public interest litigation petitions filed by NGOs, seeking redress of grievances of migrant labourers, slum dwellers, and homeless people in Maharashtra following the lockdown.

The advocates appearing for the petitioners said, “If the migrant workers are permitted to travel to their destinations/homes within the State, that will ease the burden on the administration, where such workers are stranded.”

“Before permitting the intra-State migrants to travel, medical examinations should be conducted so that the dreaded disease is not spread to the rural areas, which presently remain unaffected. For this, a survey will have to be conducted to prepare a list of such people,” they said.

Another issue brought to the notice of the court was regarding the response to the complaints of migrant workers, who are stranded at a particular place. “If the grievance redressal mechanism is provided at the taluka level then complaints of non-availability of water, sanitation, food, and shelter, can immediately be taken care of,” the advocates said.

Advocate General Ashutosh Kumbhakoni said all these aspects would be considered by the State-level and taluka-level committees, and appropriate measures would be taken. However, he was unable to make any statement on the issue of slum dwellers and homeless people.

The HC said the problem of COVID-19 was not restricted to this country but the infection had spread all over the world. “The inter-State migration of workers and labourers is an issue which is to be tackled by the Central government in consultation with the State, and this was made known through the address by the Prime Minister. There is no propriety for this court, at this stage, to issue any directions. It is a matter which is being dealt with by the executive, and this court is confident that the issues shall be more appropriately and properly addressed by the committees so constituted.”

The Bench also said, “Obviously, some of the stranded workers must be facing problems but presently, unless a survey is conducted and an appropriate decision is taken by the State or the Centre, it is not possible to issue any positive directions.”

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