Summary
In continuing migrant-worker proceedings, States and Union Territories were directed to identify stranded workers wishing to return home and complete transportation within fifteen days. Additional requested Shramik trains were to be supplied within twenty-four hours. The Court required decentralised registration, worker records, counselling and employment-scheme information, and assistance for voluntary return to workplaces. States were to consider withdrawal of lockdown-movement prosecutions; those proceedings were not automatically quashed.
Issues
- What further measures were required for stranded migrants and workers returning home.
- How employment support and return-to-work information should be organised.
- How lockdown-movement prosecutions against migrants should be addressed.
Held
- Policies required effective implementation and supervision, with remedial action for lapses and humane treatment by police and other authorities. High Courts remained competent to address migrant workers’ fundamental-rights violations in their own proceedings. (¶¶ 25, 26)
- States and Union Territories were to identify willing stranded workers, simplify and decentralise registration, publicise travel information and complete return transport within fifteen days. Railways were to meet additional Shramik-train demands within twenty-four hours. (¶¶ 28, 29, 30, 35)
- States were to maintain village-, block- and district-level records of returning workers and their skills and previous employment, and establish counselling centres and helpdesks providing scheme and employment information, including assistance to those wishing to return to workplaces. Governments were to place available schemes on record through additional affidavits within two weeks. (¶¶ 31, 32, 35)
- Recognising that cessation of work forced migrants to travel home, the Court directed States and Union Territories to consider withdrawing section 51 Disaster Management Act prosecutions and related complaints arising from such lockdown movement. It did not itself order blanket withdrawal or quashing. (¶¶ 33, 35)
- Other short- and long-term measures, including issues raised through the Human Rights Commission intervention, remained for consideration after State responses. (¶¶ 24, 32, 34, 36)
Result
Further directions issued in continuing proceedings; additional affidavits allowed within two weeks and matter listed for 8 July 2020.