Document Fragment View

Matching Fragments

4. We had issued certain directions on 28.05.2020 and thereafter issued further directions on 09.06.2020, in paragraph 26 of which order, we noticed following:-

“26. As noted above, the State and Union Territories in their affidavits have referred to various measures, the orders and guidelines issued by the Central Government, the orders issued by the National Executive Committee under the Disaster Management Act, 2005, policies and decisions taken by the concerned States. The States and Union Territories claimed to be following all directions and policies and taking necessary steps for running the relief camps, shelter camps, attending the needs of food and water of the migrants, attending the requirement of transportation of migrant workers to their native places. There can be no exception to the policies and intentions of the State but what is important is that those on whom implementation of circulars, policies and schemes are entrusted are efficiently and correctly implementing those schemes. Lapses and short-comings in implementing the schemes and policies have been highlighted by various intervenors in their applications and affidavits. The responsibility of the States/Union Territories is not only to referring their policy, measures contemplated, funds allocated but there has to be strict vigilance and supervision as to whether those measures, schemes, benefits reaches to those to whom they are meant. We impress on States and Union Territories to streamline the vigilance and supervision of actions of their officers and staff and take appropriate action where required. We also have no doubt that most of the officers, staff of administration and police are discharging their duties with devotion and hard-work but the lapses have to be taken note of and remedial action be taken. We further notice from the materials on record that police officers of States, para-military forces wherever deployed are doing commendable job but some instances of excess with regard to migrant labourers are also there. The migrant labourers, who were forced to proceed to their native place, after cessation of their employment are already suffering. The Financial difficulty being with all the migrant labourers invariably they have to dealt by the police and other authorities in a humane manner. The concerned Director General of Police/Police Commissioner may issue necessary directions in this regard.”
iii) Unorganized Workers’ Social Security Act, 2008.

7. We had directed all the States to file their response in respect to implementation of the aforesaid three enactments. On 31.07.2020, we further granted three weeks’ time to the States to file affidavit in compliance to order dated 09.06.2020. In pursuance of our orders dated 09.06.2020 and 31.07.2020, Central Government, States and Union Territories took various measures to implement the orders of this Court and to remedy the grievances of the migrant labourers. The measures taken by different Governments although could not fully ameliorate the conditions of the migrant labourers but brought some solace in the first wave of pandemic and willing migrant labourers reached their native places. It has also been submitted that after few months, large number of migrant labourers again proceeded to their work place in search of employment since at their native place, they were not able to get suitable employment to sustain themselves.

declaration made by the stranded migrant labourers dry ration be given to them.

(2) NCT of Delhi, State of U.P. and State of Haryana (for the Districts included in the NCR) shall ensure that adequate transport is provided to stranded migrant labourers (in the National Capital Region) who want to return to their home. The District Administration in coordination with Police Administration may identify such stranded migrant labourers and facilitate their transport either by road transport or train. The Union of India may also issue necessary instructions to Ministry of Railways to take necessary and adequate measures to cater the need of migrant labourers.

(vi) Community Kitchen

77. Most of the States during this pandemic have been running community kitchens for migrant labourers and other persons, who needed two meals a day due to various reasons including cessation of employment. We had also directed the States to run community kitchens for migrant labourers. States in their affidavits have given details regarding running of the community kitchens. The State of Karnataka states that community kitchens called Indira Canteens are being run in the City Corporation/Municipal Corporation limits. It has been stated on behalf of the State of Kerala that the State of Kerala is providing community kitchen to the stranded migrant workers during outbreak of Covid-19 pandemic in 2020 as per Government order dated 26.03.2020 and 03.04.2020. It is stated that Kerala Government has issued combined guidelines for the operation of the scheme “Hunger free Kerala- Janakeeya Hotel and Community Kitchens” under the Local Self Government Institutions for providing food packets to the eligible categories. On 11.05.2021 further guidelines have been issued for the operation of Janakeeya Hotels and Community Kitchens. The State of Punjab submits that 38 community kitchens are working in different districts of Punjab. State of Telangana’s case is that 140 Annapurna Canteens are available in Greater Hyderabad Municipal Corporation limits where food is given @ Rs.5/-. Migrant workers can utilize their services. The state of Tamil Nadu’s case is that as per Government policy, everyone can avail food at free of cost during the lock-down period at Government run canteens functioning as community kitchens in various Municipal Corporations of Tamil Nadu. The Government of NCT Delhi states that in view of the curfew and lockdown announced on 19.04.2021, the Government of NCT of Delhi made various arrangements for the relief and welfare of the migrant labourers. Hunger Relief Centres for migrant workers, daily workers and other needy persons have been established in all 11 districts of Delhi. Food packets are being provided at the construction sites. The case of the State of U.P. is that vide G.O. dated 15.04.2021, the Government of U.P. had directed temporary shelter camps/quarantine facilities/screening camps to be set up to accommodate the migrant workers returning to their native places during the second wave of pandemic, whereby in temporary camps two complete meals a day were provided. In the State of West Bengal, it is stated that “Maa Community Kitchen Scheme” is in operation in Kolkata Municipal Corporation area and other municipalities/corporations areas since March, 2021 where good food at a subsidized rate of Rs.5/- per meal is provided, which scheme can be availed by anyone. There are 150 canteens running across 23 districts. The State of Madhya Pradesh also states that under the “Deendayal Antyoday Rasoi” Scheme 100 kitchen centres are operating since February, 2021 in 52 district headquarters and in 6 other prominent religious towns. State of Maharashtra submits that presently there are no migrant workers, who are ‘stranded’ in the State, hence there is no question of providing community kitchen to ‘stranded’ migrant workers. State refers to a scheme titled ‘Shiv Bhojan Thali’, which provides meals to the public @ Rs.10/-.