Case Note & Summary
The Supreme Court of India, exercising its suo motu writ jurisdiction, took cognizance of the problems and miseries faced by migrant labourers during the nationwide lockdown imposed to combat the COVID-19 pandemic. The Court had earlier issued interim directions on 28.05.2020, and the present order reviews compliance by the Central Government, various States, and Union Territories. The Central Government filed an affidavit detailing measures taken, including the operation of Shramik special trains from 01.05.2020, which transported approximately 57.22 lakh migrants, and road transport for about 41 lakh workers. The Ministry of Railways committed to meeting any train demand within 24 hours. Food grains were distributed under the Pradhan Mantri Garib Kalyan Anna Yojana and Antyodaya Anna Yojana. The State of Maharashtra reported sending about 12 lakh migrant workers but faced allegations of inadequate food and shelter arrangements; the Court directed the State to publicize registration points and ensure proper facilities. The NCT of Delhi sent about 3 lakh workers by train and 12,000 by bus, with 6.5 lakh registrations on its web portal. The State of Gujarat sent over 14 lakh workers by train and 5.75 lakh by road, with an online portal 'Digital Gujarat' for registration. The State of Uttar Pradesh reported successfully transporting 25 lakh workers. The Court emphasized the need for vigilant and concentrated efforts by States to identify and assist all stranded migrant workers willing to return to their native places, ensuring no one is left without food or shelter. The matter was adjourned for further hearing.
Headnote
A) Constitutional Law - Right to Life - Article 21 - Migrant Labourers - State's duty to provide food, shelter, and transportation to stranded migrant workers during pandemic - Court reviewed compliance with interim directions and directed States to identify, register, and transport willing workers, ensuring no one is left without food or shelter (Paras 1-10). B) Administrative Law - Implementation of Schemes - Pradhan Mantri Garib Kalyan Anna Yojana - Antyodaya Anna Yojana - Central Government's obligation to provide free food grains - Court noted distribution of 5 kg per person per month for three months and directed continued compliance (Para 4). C) Labour Law - Migrant Workers - Shramik Special Trains - Ministry of Railways - Directions to meet demand within 24 hours - Court recorded that 4228 trains had run, transporting 57.22 lakh migrants, and that no fare was charged (Paras 3-4). D) Constitutional Law - Right to Dignity - Article 21 - State of Maharashtra - Alleged lapses in providing food and shelter - Court directed State to publicize registration points and ensure no complaints of denial of facilities (Paras 5-6). E) Constitutional Law - Right to Livelihood - Article 21 - NCT of Delhi - Registration of workers via web portal - Court noted 6.5 lakh registrations and directed identification of willing workers for transport (Para 7). F) Constitutional Law - Right to Life - Article 21 - State of Gujarat - Compliance with court orders - Court recorded that 14 lakh workers sent by trains, 5.75 lakh by road, and that online portal 'Digital Gujarat' was functional (Para 8). G) Constitutional Law - Right to Life - Article 21 - State of Uttar Pradesh - Court noted 25 lakh workers had been successfully transported (Para 9).
Issue of Consideration
Whether the Central and State Governments have adequately addressed the problems and miseries of migrant labourers stranded due to the COVID-19 lockdown, and what further directions are necessary to ensure their welfare and safe return to native places.
Final Decision
The Court directed States to take more vigilant and concentrated efforts to identify stranded migrant workers willing to return, publicize registration points, ensure food and shelter, and provide transport. The Central Government was directed to continue meeting train demands within 24 hours. The matter was adjourned for further hearing.
Law Points
- Constitutional duty of State to protect migrant workers
- Right to life under Article 21
- Right to livelihood
- Right to dignity
- Obligation to provide food and shelter
- Non-discrimination
- Effective implementation of government schemes
