[Coronavirus Lockdown Extension] Bombay High Court asks State to consider if migrant workers could travel back home within State

The Bombay High Court today asked the Maharashtra State government to consider if stranded migrant labourers could be allowed to travel back home within the state provided they undergo the necessary medical tests and examination..It was brought to the attention of a Single Judge Bench consisting of Justice R K Deshpande that if the migrant workers are allowed to travel home (intra-state), then the same would ease the burden of the State..It was expressed that if the migrant workers are permitted to travel to their places or destinations/homes within the State, that would ease out the burden on the administration, where such workers are stranded. Another suggestion was that before permitting the Intra-State migrants to travel to their destinations or homes, medical examinations should be conducted so that the dreaded disease is not spread in the rural areas, which presently remains unaffected. For this also, Survey will have to be conducted and lists of such persons can be prepared.Bombay High Court.To this, the Advocate General A A Kumbhakoni, positively responded stating that above suggestions shall be looked into and examined by the State level Committees. .Another concern that was put forth before the High Court was regarding the response to the complaints of migrant workers, who were stuck and left stranded at places. On this point, the Court proposed that the Taluka level Committees immediately respond to the complaints of migrant workers pertaining to non-availability of water, sanitation, food, shelter etc.."If the grievance redressal mechanism at the Taluka level is provided and if it immediately responds to the complaints about non-availability of water, sanitation, food, shelter, etc., that can be taken care of.".On this issue, the AG assured the Court that the Taluka level Committees shall look into the grievance of the migrant workers and appropriate responses shall be immediately provided to the concerned..However, on the point of Inter-State migration of the workers and the labourers, the Court opined that the same needs to be addressed by the Central Government in consultation with the State Government. As the Supreme Court is also dealing with the similar issue, the Court held that, ."There is no propriety for this Court, at this stage, to issue any directions. It is a matter which is being dealt with by the Executive and this Court is confident that the issues shall be more appropriately and properly addressed by the Committees so constituted."Bombay High Court .Coronavirus: PIL filed in Supreme Court to address the issue of stranded migrant workers amid nationwide lockdown.Adding on, the Court further stated that unless a survey is conducted and an appropriate decision is taken by the State Government or the Central Government, it would not be possible for the High Court to issue any positive directions regarding the problems being faced by stranded migrant workers..As far as the issue of slum dwellers and homeless persons are concerned, the Court observed that their complaints could be addressed by the respective Committees, which have already been constituted..Payment of wages to migrant workers during Coronavirus lockdown: Supreme Court issues notice in PIL by Harsh Mander and Anjali Bhardwaj.This apart, it was noted by the Court that in response to the earlier order passed by the Court, an affidavit was filed on behalf of the State showing compliance and the steps which are proposed to be taken..The Court took up the above matters based on two petitions that highlighted the plight of the migrant workers/labourers and slum dwellers. .The Court further directed to list the matter in the first week of May..On a related note, the Supreme Court had recently issued notice in a petition seeking a direction to the Central and state governments to ensure payment of wages to all the migrant workers, whether self-employed or otherwise, during the period of the Coronavirus lockdown..The Supreme Court recently expressed its inclination not to interfere with the decisions taken by the government as regards migrant workers amid the Coronavirus lockdown..Chief Justice of India SA Bobde, who heard the matter with Justices Sanjay Kishan Kaul and Deepak Gupta, said,"We cannot take a better policy decision at this stage."[Read order here]