SC comes down heavily on govt messing up migrants' issue

NEW DELHI, May 28: Unimpressed by the Centre's solicitor general Tushar Mehta's plea that the government was taking "unprecedented measures to deal with an unprecedented crisis" and already transported 91 lakh migrant labourer back to their native states by trains and buses since May 1, the Supreme Court on Thursday fired searching questions at him, some 50, in a suo moto hearing on the "problems and miseries of migrant labourers stranded in different parts of the country.
With past experience of the Court being soft to the government on the issues of coronavirus and lockdowns, Mehta was in for a surprise at the way he was bombarded by the bench comprising Justices Ashok Bhushan, S.K. Kaul and M.R. Shah. The Bench, which had summoned the Centre and the state governments on Tuesday, noting that there were shortcomings and failures on the part of both central and the state governments.
Mehta tried to pacify the judges by stating that the government is immensely grateful to SC for taking cognizance of the issue to bring on board the centre and the states to discuss the migrant crisis and some unfortunate things that happened and being flashed again and again.
Adjourning further hearing to June 5 (Friday) after getting affidavits from all states, the top court pronounced a detailed interim order, particularly on the transportation of the migrant workers, holding that they should not be charged any fare whether travelling by train or bus as the fare will have to be shared by the originating and destination states. It also ordered the Railways to provide the trains as and when the state governments put in the request.
Other salient parts of the interim order are:
-- Migrant workers who are stranded, shall be provided food by the concerned state at places which shall be publicised and notified;
-- During the train journey, the originating states will provide meals and water. The railways will provide meals and water on train. Food and water will also be provided in buses;
-- The state shall oversee the registration of migrant workers and ensure that after registration, they board the train or bus at an early date. Complete information should be publicised to all concerned; and
-- Those migrant workers found walking on the roads, should be immediately be taken to shelters and provided food and all facilities should be provided to them.
The Order says: "There are several lapses and difficulties which are being noticed in process of registration, transportation, and providing food and shelter to migrant. Even after registration workers wait from weeks to months to board buses or trains. And so, lLarge numbers can be seen on foot."
When the Court was dictating the order, the solicitor general intervened: " I have instructions we are no dearth of trains. As soon as state government gives a go ahead, we will run the trains. We have a national as well as state plan for the migrant crisis." He also objected to the court order on the migrants found walking, saying this might encourage more people to walk. The court snubbed him: "People are already walking."
The Bench sought clarity from the solicitor general on the migrants' issues and said a uniform policy is needed to deal with the crisis. It was blunt that it were forced to take suo motu cognizance of the "problems and miseries of migrant labourers who have been stranded in different parts of the country." Justice Kaul asked how long it will take to transport all the migrants back to their home and wanted to know whether the vast human population of workers on their journey were being fed properly.
The judges asked about the estimated time required to shift the migrants. Do the people know if they will be shifted on 5th day, 7th day or 10th day?
Justice Ashok Bhushan: There needs to be a time in place which the migrant worker has to wait within which he will be transported and also be provided food and facilities in the interim. SG: I need to take feedback from the states. I am not shifting responsibility.
The solicitor general objected to the people wanting to intervene, wanting to know what have they contributed. "All these intervenors have to file an affidavit whereby they should show their credentials about what have they done? Don't let anyone use this platform to become a political platform." When senior advocate Kapil Sibal rose to make submissions, the solicitor general intervened: "Please do not make it a political platform. Before addressing please speak about your contribution." Sibal continued arguments, replying "A lot !! A lot !! Don't make it personal." He was appearing Delhi Shramik Sangathan and others, he said when queried by the court.
Senior advocate Abhishek Manu Singhvi, appearing for Congress chief spokesman Randeep Singh Surjewala, said: "A migrant is reaching the station without knowing whether he is going to get in the train. There are district wise lists. SG is saying 100% of the ticket is given by the state. But states have no money.
"The major problem is the transportation of migrants and providing them food. The first problem is of transport. They are waiting for weeks even after registration. Are these people being asked to shell out any money at any stage? How is the state paying," the judges asked. When told that some concrete steps need to be taken, the Solicitor General said: "The hearing was fixed only on Tuesday. We have worked over night to file this report. Will file comprehensive report soon. We can only give details of stranded migrants when the state government provides us the information."
He said the government was shifting all willing migrant workers to their homes in villages. "But there are also workers who did not shift due to the reopening of activities. Migrants are walking because of anxiety or local level instigation where they are said "walk now, trains won't run. Lockdown extended "
Directing all states and the Centre,the court said they must file their affidavits on the step taken to grant relief to them, to render aid immediately to the deserted migrants. "We are not disputing that the Centre has not taken steps, but whoever needs help is not getting it," Justice Bhushan underlined. Congress chief spokesman Randeep Singh Surjewala and activist Medha Patkar had also joined the hearing as intervenors.
"Are they asked to pay for ticket at any stage?....The concern is how the state government is paying? Are the workers being asked to shell out money," the top court asked. It also queried whether these people were being reimbursed later. And, are they getting food as they wait for trains to be transported? When the solicitor general said they get free meals on trains, the Court insisted that they must get food when they are made to wait for two, three days to get into the train.
When the solicitor general wanted 10 minutes to respond to the issue of fare on the "shramik" special trains transporting the migrant labourers, Justice MR Shah said: "it seems there is no clarity about fare and thus middlemen is taking advantage."
The solicitor general admitted that some states had extracted fare from the labourers initially but not any more. "Now on ticket fare. Initially decision was it cannot be at the central level. There was a need to decentralize it and states will look after it. Some states charged them Initially and some have given free travel. Then it was decided that railways will recieve fare from either originating state or recieving state but migrants are not made to pay anymore."
Mehta said nearly 3.36 lakh migrants were moved every day, and insisted that the government would not stop its efforts till the last migrant was sent back to his/her home state. The apex court told the Centre through him to ensure migrants on the move get food, water and basic amenities before they reach home.
The apex court noted that in relief camps migrants may be getting food, but those in rented premises are suffering due to the lockdown. On how the government is ensuring that the sick persons do not get on trains and buses and infect others, Mehta contended before the bench that concerned authorities are also properly screening at boarding and alighting points for the migrant workers, as a measure to ensure Covid-19 is not spread in rural areas.
"How are the migrants informed that they do not have to pay the fare, mechanism to let a migrant know when he or she will get a transport instead of waiting indefinitely without any information, and arrangement of food and shelter till they go back," the court asked.
To this, the Solicitor General said, "Some originating state pays, some receiving state paying. Some states are reimbursing... Food and drinking water provided by railways free of cost. The first meal is provided by state govt. Indian railways has given 84 lakh meals... For 80 per cent plus migrants state of Destination is UP or Bihar."
The Centre is doing a lot to contain the coronavirus outbreak, but there are “Prophets of Doom in our country who only spread negativity, negativity, negativity”, the Solicitor General tells the court, hinting at Congress leader Rahul Gandhi finding faults in the lockdown. “These armchair intellectuals do not recognise the nation’s efforts,” he further said.
Getting exasperated at the questioning, the solicitor general said the mechanism of transporting migrants is working at state levels. “So [the Centre] will have to get feedback from the states.” He said. On being pulled up, he quipped: “I am not shifting responsibility. All states are working in tandem.”
Justice Bhushan: You( SG Tushar Mehta) have already reached the next stage when they reach states. But there are migrant labourers who are unable to taken rail or road. They are stuck in Maharashtra, and other places. Food will be given by whom, originating state or receiving state?
Justice Kaul: What if both the states don't pay? Then how will migrants pay? With food surpluses available with FCI then even during the time when these people are waiting to be transported, is food being supplied to these people or not? Why should there be a food shortage?
On judge Bhushan's query, Justice Kaul said: destination state can't give them food till they get there. It would have to be origin state or the Centre. Who is supplying food?
Kapil Sibal told the court that he was not before it for politics as the solicitor general tried to paint but to assist the court. "It is a humanitarian crisis.There is a Disaster Management act. Under this a national plan has to be prepared. The national plan is prepared by the National executive committee and approved by NDMA. Under the national plan there is a section 12 - guidelines for minimum standards of relief.
However, he said, "all responsibility has been shifted to state governments. that’s why people are walking. It has nothing to do with politics. In one month 91 lakhs have been transported then as per census they will take 3 months to complete the process. So what is the plan?"
Sibal to SG Tushar Mehta: "In your affidavit you haven't pointed out the national plan or state plan. Railways right now working at 3% capacity. Ask them how many trains had run before and how many are running now." He pointed out the lacuna. "When someone comes to register how does he register? There are migrants who don't speak the hindi language or the language of the state they live in. What about food? Giving pulses is not enough. Where will they cook?. Shramik Trains have no concept of social distancing."
SC asks counsel for Maharashtra government: How many migrants are waiting to travel back? You are the most affected, so tell us.
Counsel: we are supplying food. We have set up camps and are giving 5 kg rice to these migrants....
The Supreme Court granted time to all states to file counters.
Senior advocate Indira Jaising, appearing for the migrants, said: "there are surplus trains that can be used for migrants. Only 3% trains are being used as of now. There is a total of 4 crore migrants waiting to get back home. The Solicitor general says we cannot divert trains used for essential commodities, but there are a total of about 4 crore migrants waiting to go home."
The solicitor general accuses her of instigating other migrant labourers to shift who don't want to shift. Senior advocate Colin Gonsalves represented a migrant labour organisation. He submitted: "When lockdown extends and mass migration begins then there is a real risk. Given the current figures, it will take 6-8 months for all migrants to get back home."