SC pulls up Maha govt for causing lapse on migrant workers' issue

The Supreme Court Thursday pulled up the Maharashtra government on the migrant workers issue and refused to accept its claim that there was no problem in the state on this front saying it is its duty to find out the lapses and act on themA bench of Justices Ashok Bhushan S K Kaul and M R Shah asked the state to file a fresh affidavit listing the steps taken to mitigate the problems of migrant workers wanting to return to their native places amid the COVID19 crisis It is not adversarial litigation the bench said posting the matter for further hearing on July 17During the hearing of the case taken up suo motu on its own by the top court on the miseries of migrant workers during the COVID19 lockdown the bench said ldquoWhat is happening in Maharashtra Large number of migrant workers are still in the stateSolicitor General Tushar Mehta appearing for the state said that the latest affidavit has been filed on July 6 in compliance with the apex courts orderHe said that a list was provided to the Centre with regard to migrant workers who have been sent to their native places by the stateMehta said the crux of the affidavit was that the migrants who wanted to leave earlier have now decided to stay back as the state opened up employment opportunities and since May 1 around 350000 workers came back to work in Maharashtra againThe bench said it is the responsibility of the state to find out which group of migrants are getting food transport and other facilities or not getting themMehta said that whoever wanted to shift has been shifted and those who went back may not be getting jobs as per their skills like a carpenter cannot work as a labourer in an agricultural fieldldquoYour affidavit is not up to the mark We cannot accept the States claim that there is no problem in the State of Maharashtra They have treated this as an adversarial litigation You Mehta must advise them to file a proper affidavit by next date of hearingrdquo the bench said Mehta said he would do so and personally do the vetting of the States affidavit and ensure that more relevant details are provided on the issueSenior advocate Ranjit Kumar appearing for Bihar government said that reverse migration has started happening in the state and most of the trains originating from Patna to other cities are running full Mehta said that this is a healthy thing as the reverse migration is happening because industries and business are now opening upMeanwhile the top court tagged the PIL filed by NGO CPIL seeking various reliefs including a national plan on COVID19 management with the suo motu case During the hearing of the PIL senior advocate Kapil Sibal said that there is a theoretical national plan on COVID19 management and want that Solicitor General Tushar Mehta place it on record Mehta said that the national plan for COVID19 management as averred for in the PIL filed by Centre for Public Interest Litigation CPIL has already been placed on record in other matterThe bench accepted the contention of Mehta and told Sibal that this issue has come up earlier also and now they have placed the plan on record Sibal said that they need a system in place which are in consonance with the Statutes in this case it is a national planThe bench asked Mehta to supply the copy of the COVID management plan to Sibal and senior advocate A M Singhvi appearing in the matterSinghvi added that he wanted to give some suggestions that help and rehabilitation should work in tandem and registration should not be the basis for availing government schemes as it excludes lots of peopleHe said that the government can consider a constructive scheme for insurance for migrants and a work plan and centralised system to rehabilitate the migrants Mehta told Singhvi that he should go through the reply affidavit as it contains all the relevant details The bench posted the matter for further hearing on July 17On June 19 the top court had asked the Centre and all the State to ensure that all stranded migrant workers willing to return must be sent to their native places without any fare being charged from themThe top court on June 9 had directed the Centre and state governments to identify and send back within 15 days by train or bus the stranded migrant workers willing to return to their native place and also asked them to help the returnees find jobs lost during the national lockdownNoting there have been instances of ldquoexcess by police and paramilitary personnel against the migrant workers the court also asked authorities to consider withdrawal of criminal cases against some of them for violating social distancing normsThe suffering people without jobs have to be dealt with in a humane manner it had said A help desk should be set up for those who wanted to return to their old places of work it had said while taking suo motu on its own cognisance of the lsquoproblems and miseriesrsquo of lakhs of migrant workersThe top court which had on May 28 passed a slew of directions including asking the states not to charge any fare from the returning workers had noted that fresh requests for 171 Shramik Special trains have been made so far by the states from the Centre and directed that any additional demand be fulfilled by the Railways within lsquoa period of 24 hoursrsquoCatch up on all the latest Crime National International and Hatke news here Also download the new midday Android and iOS apps to get latest updates MidDay is now on Telegram Click here to join our channel middayinfomedialtd and stay updated with the latest news