Thread by @barandbench

[Suo Motu Migrant Crisis]

Supreme Court bench headed by Justice Ashok Bhushan to shortly hear its suo motu case regarding issues affecting the migrant labourers owing to the second wave of #COVID19

#MigrantCrisis
#SupremeCourt
#SuoMotu

#SupremeCourt will be hearing an urgent application filed in the Suo Motu case of 2020 by activists Harsh Mander, Anjali Bhardwaj and Jagdeep Chhokar seeking directions to ensure the migrant and stranded labourers are not deprived of ration and food security

The applicants contended that even though States have been imposing decentralised #COVID19 curfews and lockdowns more cautiously this year, "they have offered little welfare support to working classes and migrants whose livelihoods are at sea once again."

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Supreme Court bench assembles

Solicitor General Tushar Mehta: So happy to see you back

Justice Bhushan: yes I am fine now

Advocate Prashant Bhushan: government has recognised the problem at one hand by extending the program of granting 5 kg extra ration to migrant workers. But the Atmanirbhar scheme started last year has been discontinued. They have again lost jobs and does not have money
@pbhushan1

Bhushan: our first prayer is to extend the Atmanirbhar scheme which was introduced last year for the 8 score identified migrant workers who don't have ration cards. Second prayer is to give cooked good to these labourers in areas where they congregate

Adv Bhushan: The next prayer is to finish details of several food and social security schemes which is there to provide relief to migrant workers. Then the next is to direct Centre to make public such schemes and give it wide publicity so that affected people can access it

Adv Bhushan: We have also prayed for some help in cash transfers. Delhi is giving one-time cash grant of 5,000 for construction workers. But there is no uniform scheme for such migrant workers. 8 crs are identified as migrant workers and some minimum cash transfer should be given

Justice Bhushan: cash transfer is a policy of the government and we cannot issue directions for this. we can ask them to consider

@pbhushan1 : at least the atmanirbhar scheme and migrant trains should be taken care of

Justice Shah: the migrant labourers who had to go to their native places have already gone. where are the particulars of the people who are stranded

Bhushan: we have dealt with the issue of transportation of such workers. many of them have paid large sums to travel and many have died too

Justice Shah: those who have not gone we have to look into this. some prayers have financial implications also. we have to get the reply of the Union too.

@pbhushan1 : Atmanirbhar scheme should be restarted straight away and the transportation can be looked into

Justice Bhushan: we may issue some interim directions confined to NCR considering your submissions so that some arrangements can be made in Delhi, Gurgaon, Haryana etc

SG: now we are fighting with pandemic, so let us fight with the pandemic and not with fringe elements. Unlike last lockdown, it is not the lockdown as in first time. the construction work etc is going on and industrial work is going on. Last time everything was closed

SG: all state governments are alive to the situation. Except two or three individuals it cannot be said that all state governments are not irresponsible.

Justice Bhushan: right now we are on NCR since workers are being charge four or five times for travel. they should not be exorbitantly charged. government can facilitate it

SG: the scheme in place is not to incentivise to migrate..

Justice Shah: minset of such labourers is different. their apprehensions are different. by and large everyone has gone.

SG: these petitions are not alive to ground situation and drafted in the comfort of their drawing rooms

Justice Shah: we cannot be said to adversarial. Put it on record what steps have you taken and we will consider it

SG: we are bound to place it. Any directions now can led to incentivise the migration

Justice Bhushan: we are not forcing. its only for people who want to migrate

Justice Shah: we have to accept the hard reality these are ifs and buts. our orders cannot be based on whether it will incentivize migration or not.

Justice Bhushan: what about extending the Atmanirbhat scheme?

SG: Let UP, Delhi and Haryana respond..

@pbhushan1 : last time it was argued that no migrants are on road. now I am amazed. It is being said labourers for a free train ride will leave their work..they say our petition is of nuisance value..

Justice Bhushan: we are not giving any free ride.

SG: let states file their response as it will have ramifications

Justice Bhushan: what about community kitchens. The migrants who do not have food to eat etc. If the case is heard after 10 days then what will happen in the interim.

SG: All state governments will be assisted by the petitioners

Justice Bhushan: these directions will now be for only Delhi NCR. we are inclined to direct setting up of community kitchens and transportation of willing migrant workers

SG: duly elected state governments are taking policy decisions

Adv Rahul Chitnis: In Maharashtra the numbers are rising everyday, we need some time

Justice Shah: we cannot make this plea infructuous. last year we issued directions in 9/6 and 31/7, registration had to be completed. we may issue directions to clarify some state government as to what has been done. it has been a year but nothing was done.

Justice Shah: we dont want all states to be here and be a mess. we will confine to only 6 to 7 states like UP, Bihar, Gujarat etc and call upon them to file the replies.

Chitnis: State of Maharashtra has filed a reply

Justice Shah: your reply is nothing. where is registration. file a better reply.

Adv Ashok Parija for Odisha: Most of the migrants who came back last year are there and we agree with the solicitor general

Justice Shah: file a reply showing what schemes are in place for migrants who have already reached their homes. they did not have means that's why they were compelled to go out. something should be for them too.

@pbhushan1 : The govt buffer stocks in 100 million grains. so giving these 8 crore people 5 kg grains will help the stock not getting rotten

Justice Shah: for them also it is not adversarial. don't divert the issue.

Justice Bhushan: We will dictate the order and upload it before 4 pm

#SupremeCourt

SG Mehta: we request a next date after 10 days

Justice Bhushan: we will consider

Bench rises

#SupremeCourt

[COVID-19 migrants case] We are inclined to direct setting up of community kitchens and transportation of willing migrant workers: Supreme Court

Reports @DebayonRoy

#SupremeCourtofIndia #SupremeCourt #Migrants

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