The Supreme Court on May 28 directed that migrant workers wanting to return to their home states will not be charged train or bus fares and those stranded across the country will be provided food free of cost by the authorities concerned.

As the Centre submitted that 91 lakh migrants have been transported to their native states by 3,700 Shramik special trains and buses, the court posed searching queries to the Centre and state governments over stranded migrant workers facing endless wait for seats in home-bound trains or buses, the confusion over payment of fares and alleged lack of food and shelter for them.

A bench comprising Justices Ashok Bhushan, S.K. Kaul and M.R. Shah heard a battery of senior lawyers, including Solicitor General Mehta, Kapil Sibal, A.M. Singhvi, Colin Gonsalves and Indira Jaising through video conference for almost two-and-half hours before passing the interim directions.

There is no doubt that the concerned state governments/Union Territories are taking steps to do the needful, the court observed, but added there are several difficulties and lapses which are being noticed in the process of registration, transportation and in providing water, food, shelter to these migrant workers.

What are the directions by SC?

In its 11-page order, the court said certain interim directions were required to be issued to be followed by the states, Union Territories as well as the Centre to “redeem the immediate difficulties” of the migrant workers.

The top court, which on May 26 on its own took cognizance of the miseries of migrant workers, said states shall try to endeavour that after registration, the workers should be asked to board the train or bus at the earliest and complete information should be publicised to all concerned regarding the mode of transport.

No fare either by train or by bus shall be charged from any migrant workers. The railway fare shall be shared by the states as per their arrangement as submitted by the Solicitor General and in no case any fare should be asked or charged from any migrant workers by the states and the Railways.

Those migrant workers who are found walking on the highways or roads shall be immediately taken care by the concerned state/Union Territory and they shall be provided the transport to the destination and all facilities including food and water be provided to those found walking on the road.

After the migrant workers reach their native place, the receiving state shall provide transport, health screening and other facilities free of cost.

Migrant workers, who are stranded at different places in the country, shall be provided food free of cost by the concerned states and UTs at “different places which shall be publicised and notified to them during the period they are waiting for their turn to board the train or bus”.

What the Centre said?

Mehta submitted that from May 1 to May 27 the Railways has operated 3,700 Shramik special trains and transported over 50 lakh migrants to different States.

Nearly 41 lakhs migrant workers were taken from their respective places to their desired destination through road transport, he said.

Mehta further said Uttar Pradesh and Bihar account for more than 80 per cent of the migrant workers and both the states have adopted a novel policy which would not only help the migrant workers but would also substantially reduce the risk of spreading of virus.

He added that a joint decision has been taken that the home-bound migrant workers, out of them 80 per cent hail from Uttar Pradesh and Bihar, will not be burdened with the fare.

Mehta also said the state government and railways provided food and water free of cost. So far, the Railways have served 84 lakh meals and over 1.5 crore packaged drinking water bottles (Rail Neer) apart from the services provided by the respective state governments.

The court asked the Centre and the states to file their affidavits on the migrants crisis within a week and posted the matter for further hearing on June 5.

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