AP HC says: Migrant Workers deserves more help particularly when they are trekking back with their heads high instead of living on someone’s mercy; issues directions [Read Order]

(Judicial Quest News Network)

Taking a strong note on the plight of the workers in the country who have chosen to undertake hundreds of kilometres long journey on foot after the unprecedented announcement of the national lock down in the backdrop of the COVID-19, pandemic, Andhra Pradesh High Court said that it would be failing in its role as the protector of rights if no steps were taken at this stage by the court to alleviate the suffering of the workers.

A PIL was filed in APHC by one K. Ramakrishna seeking the directions to the Centre as well State Governments to “to provide necessary food material and also give some immediate financial assistance to the Migrant Workers and also permit them to return to their hometowns and Villages after conducting necessary testing for COVID-19 and to arrange for their safe travel by providing necessary transportation to this effect,”

A Division Bench of APHC Comprising Justices DVSS Somayajulu and Lalitha Kanneganti said that the labourers who move to the cities to earn a livelihood and ensure that all of us live in comfort, are in distress today.

The Court Observed:

“This Court notices that labour who have left their ancestral homes and villages and moved to the cities for better livelihood to ensure that all of us live in comfort are on the roads today. They represent the people who are working in hundreds of different trades, calling etc., and all of them ensure that we lead a happy and comfortable life. If at this stage, this Court does not react and pass these orders, this Court would be falling in its role as a protector and alleviator of suffering. Their pain has to be alleviated at this stage. The ever-expanding scope of “life” under Article 21 of the Constitution of India will take into account this situation also. They deserve more help particularly when they are trekking back with their heads high instead of living at someone’s mercy”.

The Court said that based on certain disturbing newspaper reports that have appeared in a popular Telugu daily “Eenadu” shows that in a period of 24 hours between 13-5-2020 and 14-5-2020 1300 people have passed one check post on walk or with cycles. Another 1000 of them have gone in lorries and in other transport vehicles.

The Bench observed that:

“The Summer Heat particularly in the State of Andhra Pradesh is growing and despite the Summer, this court notices that hundreds of migrant labours with their children and baggage are walking on the national Highways. The state government has come out with certain measures and as per the reports, at a distance off every 50kms, food counters are located to help the moving migrant. Relief Centres are also steadily established. But in view of what is stated above, this is of the opinion that following supplemental measures are to be taken on priority and with immediate effect”

The has also issued directions with regards to the walking migrants as follows:

I) Adequate arrangements for food should be made and the same should be distributed to the migrant labour, who are walking on the National Highway;

II) Outpost Centres that have been established by the state should be stocked with good drinking water, Oral dehydration salts and glucose packets which should be supplied to the migrant labour, who are walking;

III) Since a large number of the women are walking in the heat, temporary toilets in a hygienic condition should be provided, assuring the privacy of the women. Further Sanitary pads dispensing machines should be organized at every alternate centre, at least;

IV) Those who are facing difficulty while walking should be transported in patrol vehicles of NHAI and Police Department, to the nearest shelter. Efforts should also be made to convince the migrant labour to stop walking and to take the transportation being provided by the state Government;

V) All the Police and revenue authorities should be made aware of all the centres/food counters and they should guide the migrant workers, who are walking, towards the nearest of such centres;

VI) Pamphlets should be printed in Hindi and Telugu informing the migrant labour, who are walking on the Highways of the location of these shelters and giving them a list of the phone numbers, which they can contact in case of emergencies.

The case was filed through Advocate Chalasani Ajay Kumar

[Read Order]