The Supreme Court today dismissed an application seeking urgent directions to identify walking labourers and ensure that they reach their native places, free of cost and in a dignified manner. The interim application (IA) was filed in the backdrop of death of 16 migrant labourers in Aurangabad.
A bench comprising Justices L Nageswara Rao, S K Kaul and B R Gavai observed that it was no possible for the Court to monitor the situation and hence it was up to the State Governments to take appropriate decision in this regard.
Justice L Nageswara Rao observed, “How can we stop them from walking? It is impossible for this Court to monitor who is walking and who is not walking?”
Not inclined to entertain the matter, Justice S K Kaul of Supreme Court observed,
“Every advocate reads something suddenly and then you want us to decide issues under Article 32 of the Constitution of India based on your knowledge of newspapers? Will you go and implement government directives? We will give you a special pass and you go and check”.
The plea was filed by petitioner-in-person Alakh Alok Srivastava who stated that the urgent interference of the Apex Court was needed in light of the heart-wrenching incident that had taken place at Gadhejalgaon village in Aurangabad District (Maharashtra) on 8th May at 5.30AM where at least 16 migrant workers who were walking on foot from Maharasthra to Madhya Pradesh were killed by a train.
Appearing for the Centre,Solicitor General Tushar Mehta, submitted to the Bench that the government had already started making provisions for transportation from one State to another:
“The Government has already started helping migrant workers. But, they are not waiting for their turn and they start walking. Subject to interstate agreement, everybody will get a chance to travel. Using force on them can be counterproductive. They may wait for their turn, rather than starting on foot.”
He further submitted that nothing could be done if people got angry and decided to walk on foot instead of waiting for the transport. The government could only request that people not to walk.
In light of these submissions, the Bench dismissed the Interim Application.
Referring to various media reports it was submitted to the Court that there were many other similar incidents wherein poor migrant labourers had died due to hunger or road accidents while walking on foot.
The IA further referred to a statement made by Solicitor-General Tushar Mehta on 31st March that had been recorded by the Apex Court in its Order dated 31.03.2020: “There is no person walking on the roads in an attempt to reach his/her hometowns/villages”.
The IA also submitted that dueto the lack of appropriate action on behalf of the Centre the probability of loss of several precious lives of the migrant labourers had increased.
Therefore, it was sought to direct the District Magistrates of each and every district of India “to immediately identify such moving/stranded migrant workers in their respective Districts, immediately shift them to the nearest shelter homes/camps, provide them sufficient food, water, medicines and counselling etc. and upon proper medical examination, ensure to send them to their respective native villages, with utmost dignity”.
