Legal Services India - Law Articles is a Treasure House of Legal Knowledge and information, the law resources is an ever growing database of authentic legal information.

» Home
Thursday, November 21, 2024

SC Asks Maharashtra To Make More Vigilant And Concerted Efforts In Identifying Migrant Workers

Posted in: Civil Laws
Wed, Jun 10, 20, 19:53, 5 Years ago
star star star star star
5 out of 5 with 2 ratings
comments: 0 - hits: 4728
Re: Problems And Miseries Of Migrant Labourers has asked Maharashtra to be more vigilant and make concerted effort in identifying and sending stranded migrant workers to their native places.

At the outset, it must be mentioned that the Supreme Court has in a latest, landmark and extremely laudable judgment titled In Re: Problems And Miseries Of Migrant Labourers in Suo Motu Writ Petition (Civil) No(s). 6/2020 in exercise of its civil original jurisdiction delivered on June 9, 2020 by a three Judge Bench of Apex Court comprising of Justice Ashok Bhushan, Justice Sanjay Kishan Kaul and Justice MR Shah has asked Maharashtra to be more vigilant and make concerted effort in identifying and sending stranded migrant workers to their native places.

The top court did not mince any words to underscore that there were huge lapses by the Maharashtra authorities in dealing with the issue and that most of the claims are only on paper causing great miseries and hardships to the migrant workers. Such huge lapses should not have taken place at the first instance.

We all have seen for ourselves in different news channels how migrants workers stranded in different parts of Maharashtra were compelled to suffer untold, unaccounted and unending hardships because of lack of train service there and most alarmingly even fake messages were sent to them to gather in different stations only to find themselves in a quandary with no train going to their respective destinations.

This has jolted our entire country and the coalition government of Shiv Sena led by Chief Minister Uddhav Thackeray has suffered a huge dent in its image as no proper arrangements were made for providing Railways proper list of migrant workers wanting to go by trains as was clarified also by Union Railway Minister - Piyush Goyal. On the contrary, what UP CM Yogi Adityanath has done is being appreciated not just in India but even in countries like Pakistan which usually criticize him apart from the international media. Even the reputed website Livelaw has published on this in its Top Stories titled SC Asks Maharashtra To Make More Vigilant And Concerted Efforts In Identifying Stranded Migrant Workers which in turn inspired me also to write on this.

Without mincing any words, the Apex Court in a scathing indictment of the State of Maharashtra after noting the State Government's submission that it has 37,000 migrant workers waiting to return to their native places and it has requested only one train from the railways for sending them back observes explicitly in para 6 that, We are of the view that the State has to take a more vigilant and concerted effort in identifying the migrant workers, who are still stranded in State of Maharashtra and who are willing to return to their native places.

The Government should publicise and announce the places i.e police stations or any other suitable place for identifying/registering the workers, who have not yet been provided any train or bus journey. The State Supervisory Committee, District Supervisory Committee and its officials should ensure that all migrant labourers, who are willing to go to their native place, should be identified, provide them food and shelter and no complaint is received of not providing facility of journey or food by the stranded migrant labourers.

Needless to say, there is no reason why the State of Maharashtra which is the worst affected state by this corona pandemic should not abide by what the top court has held so explicitly. It is the migrant labourers who will gain the most. Instead of decrying the heroic, tireless, selfless and highly commendable efforts of famous actor Sonu Sood who sent many stranded migrants even by plane apart from trains and attributing political motives to him most unfairly as was done by Shiv Sena in its mouthpiece Samana, they would be well advised to rather concentrate on doing what the Apex Court has asked them to do in no uncertain terms. Sonu Sood is unfazed by such baseless criticism and has vowed to do his bit to help the stranded migrant workers in every possible manner for which he deserves rich accolades also.

It is really most tragic that when eminent actor Sonu Sood's herculean efforts are being recognized not just by national media but also by international media, we have some politicians who here also are not able to refrain themselves from attacking him most wrongly. Even the superstar Amitabh Bachhan is highly impressed by Sonu Sood and of late has started to do like him which those criticizing him like Shiv Sena fail to appreciate.

Sanjay Raut of Shiv Sena even went to the extent of taunting him as Mahatma and accused him saying that, Sonu Sood is a good actor. There is a different director for movies, the work he has done is good but there is a possibility that there is a political director behind it. Nothing can be more reprehensible than this and nothing can be more further from the truth.

Speaking for myself, I never knew till recently who this Sonu Sood is as a social worker apart from being a good actor about which I was aware but after listening regularly in different news channels and reading in different news papers about his stupendous feat in helping so many poor people by booking planes and trains for them, I have become an ardent fan of his. He helped so many helpless woman to go by plane to different states and reach their home safely as was shown in different news channels also. It was also shown that 177 woman who were stuck in Kerala's Ernakulam were sent to Bhubaneshwar in Odisha in a special plane.

Why Sanjay Raut didn't accuse these news channels also as being spokesperson for Sonu Sood? To do what Sonu Sood has done is easier said than done. This alone explains why even the legendary Amitabh Bachhan has chosen to emulate him.

It must also be brought out here that the top court said that although in the affidavit, the State claims that it is providing food and shelter to migrant workers and list of entire workers is prepared, such claim has been refuted in different affidavits and materials brought on the record by different parties including intervenors and various individuals.

How can we discard what the top court has said so elegantly and explicitly?

More importantly, the Apex Court noted in the order that:
We may notice, at this stage, that although in the affidavit, the State claims that it is providing food and shelter to migrant workers and list of entire workers is prepared, such claim has been refuted in different affidavits and materials brought on the record by intervenors and various individuals. It is submitted that there is no proper arrangement of food to the migrant labourers nor there is any simple manner of registration of the workers. There are huge lapses on the part of the State authorities in implementing State policies and decisions and most of the claims are only on paper causing great miseries and hardships to the migrant workers.

To be honest, the Apex Court has only highlighted the ground reality. Maharashtra is the worst affected among all States and the maximum cases of corona are also from Maharashtra and maximum death cases are also from here.

So the Shiv Sena led coalition government must wake up from the deep slumber that it is in, acknowledge the worst shambles that the migrant workers find themselves in Maharashtra and abide by what the Apex Court has directed them to do. The Apex Court Bench has given 15 days time to transport the remaining migrants who wish to go back to their homes, to return to their native states. This must be complied with accordingly. There can be no ifs and buts. This is what is imperative also.

Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh

Comments

There are no comments for this article.
Only authorized users can leave comments. Please sign in first, or register a free account.
Share
Sponsor
About Author
Sanjeev Sirohi Advocate
Member since Apr 20, 2018
Location: Meerut, UP
Following
User not following anyone yet.
You might also like
Present space law framework in the country. Space has heightened the curiosity of mankind for centuries. Due to the advancement in technology, there is fierce competition amongst nations for the next space war.
The scope of Section 151 CPC has been explained by the Supreme Court in the case K.K. Velusamy v. N. Palanisamy
Co-operative Societies are governed by the Central Co-operative Societies Act 1912, where there is no State Act. In West Bengal they were governed by the West Bengal Co-operative Societies Act
Registration enables an NGO to be a transparent in its operations to the Government, Donors, to its members and to its urgent community.
The ingredients of Section 18 of the Prevention of Corruption Act, 1988 are
Drafting of legal Agreements and Deeds in India
ST Land rules in India,West Bengal
The paper will discuss about the provisions related to liquidated damages. How the law has evolved. Difference between the provisions of England and India.
A privilege may not be a right, but, under the constitution of the country, I do not gather that any broad distinction is drawn between the rights and the privileges that were enjoyed and that were taken away.
It is most hurting to see that in India, the soldiers who hail from Jammu and Kashmir and who join forces either in Army or in CRPF or in BSF or in police or in any other forces against the will of majority
Pukhraj v/s State of Uttarakhand warned high caste priests very strongly against refusing to perform religious ceremonies on behalf of lower caste pilgrims. It took a very stern view of the still existing practice of exclusion of the SC/ST community in Haridwar.
This article aims to define delay in civil suits. It finds the general as well as specific causes leading to pendency of civil suits and over-burdening of courts. This articles suggests some solutions which are pragmatic as well as effective to reduce the burden of the courts and speed up the civil judicial process.
This article deals with importance, needs, highlights and provisions of the Surrogacy Bill 2016, which is passed by the lok sabha on 19th December 2018 .
Cross Examination In Case of Injunction Suits, Injunctions are governed by Sections 37, 38, 39 to Section 42 of Specific Relief Act.
Satishchandra Ratanlal Shah v Gujarat inability of a person to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction..
Dr.Ashok Khemka V/s Haryana upheld the integrity of eminent IAS officer because of his upright and impeccable credentials has emerged as an eyesore for politicians of all hues but also very rightly expunged Haryana Chief Minister ML Khattar adverse remarks in his Personal Appraisal Report
State of Rajasthan and others v. Mukesh Sharma has upheld the constitutional validity of Rule 8(2)(i) of the Rajasthan Prisons (Shortening of Sentences) Rules, 2006.
Gurmit Singh Bhatia Vs Kiran Kant Robinson the Supreme Court reiterated that, in a suit, the plaintiff is the dominus litis and cannot be forced to add parties against whom he does not want to fight unless there is a compulsion of the rule of law.
explicitly in a latest landmark ruling prohibited the use of loudspeakers in the territory without prior permission from the authorities.
The Commissioner of Police v/s Devender Anand held that filing of criminal complaint for settling a dispute of civil nature is abuse of process of law.
Rajasthan Vs Shiv Dayal High Court cannot dismiss a second appeal merely on the ground that there is a concurrent finding of two Courts (whether of dismissal or decreeing of the suit), and thus such finding becomes unassailable.
Complete Guide to Pleadings in India, get your Written statement and Plaint Drafted by highly qualified lawyers at reasonable rate.
Sushil Chandra Srivastava vs UP imposed absolute prohibition on use of DJs in the state and asked the state government to issue a toll-free number, dedicated to registering complaints against illegal use of loudspeakers. It will help control noise pollution to a very large extent if implemented in totality.
Rajasthan v/s Shri Ramesh Chandra Mundra that institutional independence, financial autonomy is integral to independence of judiciary. directing the Rajasthan Government to reconsider the two decade old proposal of the then Chief Justice of Rajasthan High Court to upgrade 16 posts of its Private Secretaries as Senior Private Secretaries
The Indian Contract act, 1872 necessities significant consideration in a few of its areas. One such area of the Indian Contract act of 1872 is where if any person finds a lost good belonging to others and takes them into his custody acts as the bailee to the owner of the good.
Government has notified 63 provisions of the Motor Vehicles Amendment Act 2019 including the ones dealing with enhanced penalties
Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira no attempt has been made yet to frame a Uniform Civil Code applicable to all citizens of the country despite exhortations by it. Whether succession to the property of a Goan situated outside Goa in India will be governed by the Portuguese Civil Code, 1867
In a major legal setback to Pakistan, the High Court of England and Wales rejecting rightly Pakistan's frivolous claims and ruling explicitly that the VII Nizam of Hyderabad's descendants and India can collect 35 million pounds from Londons National Westminster Bank.
Power of Attorney and the Specific Relief Act, 1963
air pollution in Delhi and even adjoining regions like several districts of West UP are crossing all limits and this year even in districts adjoining Delhi like Meerut where air pollution was never felt so much as is now being felt.
Dr Syed Afzal (Dead) v/sRubina Syed Faizuddin that the Civil Courts while considering the application seeking interim mandatory injunction in long pending cases, should grant opportunity of hearing to the opposite side, interim mandatory injunctions can be granted after granting opportunity of hearing to the opposite side.
students of Banaras Hindu University's (BHU's) Sanskrit Vedvigyan Sankay (SVDVS) went on strike demanding the cancellation of the appointment of Assistant Professor Feroze Khan and transfer him to another faculty.
Odisha Development Corporation Ltd Vs. M/s Anupam Traders & Anr. the time tested maxim actus curiae neminem gravabit which in simple and straight language means that, No party should suffer due to the act of Court.
M/S Daffodills Pharmaceuticals Ltd v/s. State of U.P that no one can be inflicted with an adverse order, without being afforded a minimum opportunity of hearing. In other words, the Apex Court reiterated the supreme importance of the legal maxim and latin phrase titled Audi alteram partem
Ram Murti Yadav v/s State of Uttar Pradesh the standard or yardstick for judging the conduct of the judicial officer has necessarily to be strict, that the public has a right to demand virtually irreproachable conduct from anyone performing a judicial function.
Judicial Officers Being Made Scapegoats And Penalized By Inconvenient Transfers And Otherwise: SC
Desh Raj v/s Balkishan that the mandatory time-line for filing written statement is not applicable to non-commercial suits. In non-commercial suits, the time-line for written statement is directory and not mandatory, the courts have the discretion to condone delay in filing of written statement in non-commercial suits.
M/S Granules India Ltd. Vs UOI State, as a litigant, cannot behave as a private litigant, and it has solemn and constitutional duty to assist the court in dispensation of justice.
To exercise one's own fundamental right to protest peacefully does not give anyone the unfettered right to block road under any circumstances thereby causing maximum inconvenience to others.
Today, you have numerous traffic laws as well as cases of traffic violations. People know about safe driving yet they end up defying the safety guidelines. It could be anything like driving while talking on the phone, hit and run incidents, or driving under the influence of alcohol.
The legal processes are uncertain. Also, there are times when justice gets denied, and the legal outcomes get delayed. Hence, nobody wants to see themselves or their loved one end up in jail.
Arun Kumar Gupta v/s Jharkhand that judicial officer's integrity must be of a higher order and even a single aberration is not permitted. The law pertaining to the vital subject of compulsory retirement of judicial officers have thus been summed up in this noteworthy judgment.
Online Contracts or Digital Agreements are contracts created and signed over the internet. Also known as e-contracts or electronic contracts, these contracts are a more convenient and faster way of creating and signing contracts for individuals, institutions and corporate.
Gerald Lynn Bostock v/s Clayton County, Georgia that employees cannot be fired from the jobs merely because of their transgender and homosexual identity.
This article compares two cases with similar facts, yet different outcomes and examines the reasons for the same. It revolves around consideration and validation of contracts.
Odisha Vikas Parishad vs Union Of India while modifying the absolute stay on conducting the Jagannath Rath Yatra at Puri has allowed it observing the strict restrictions and regulations of the Centre and the State Government.
Soni Beniwal v/s Uttarakhand even if there is a bar on certain matters to be taken as PIL, there is always discretion available with the Court to do so in exercise of its inherent powers.
Indian Contract Act was commenced in the year 1872 and since then, several deductions and additions have happened to the same. The following piece of work discusses about the concept of offer under the Indian Contract Act, 1872
Top