Karnataka HC has rejected a plea of an agriculturist seeking directions to the state government to screen the migrant labourers who are kept in shelter homes or their temporary dwelling and if tested negative for Coronavirus, to drop them to their homes using State/Central government transport facility free of cost.
A division bench of Chief Justice Abhay Oka and Justice B V Nagarathna while commenting on the Migrant Labourers issue said:
“Grant of such a prayer will run completely contrary to the order dated 29th March 2020 of the Ministry of Home Affairs, Government of India.”
Also Read: New Standard Operating Protocol for movement of Stranded Labours: MHA
The bench noted that the petitioner had not challenged the Union Government order which enjoins the State Governments and the Union Territory Governments to ensure that the migrants who have moved out to reach their home states/hometowns must be kept in the nearest shelters with quarantine facilities.
The plea claimed that it is a violation of Article 21 of the Constitution of India and Section 61 of the Disaster Management Act by the State and Central government and petitioner relied upon the argument of screening of the laborers first and then shifting to their place of work, if they wish to return within the state.
The bench said:
“The reliance placed on the Standard Operating System, issued on 19th April 2020, by the Central Government will not help the petitioner. The Standard Operating System specifically reiterates that no movement of the labourers outside the State/Union Territory from where they are currently located is permitted.”
Read the Plea here:
