Migrants have contributed to development of the city: Karnataka HC urges state to reconsider decision to stop requisition of Shramik trains

The Karnataka High Court today urged the state government to reconsider its decision to close down mustering centres and stop Shramik special trains transporting migrant workers from Bangalore to their home states..The state government informed the Court today that it has taken a policy decision to refrain from requisitioning more Shramik special trains, considering the fact that the COVID-19 situation in the state has worsened..After hearing the parties, the Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar passed the following set of directions: .A List of persons has been submitted by AICCTU to Nodal officers from June 25 to July 7. Nodal officers to file an affidavit regarding action taken based on list of workers submitted by AICCTU and state whether those persons have been sent back. He must also state whether the workers were contacted and asked whether they want to go back. He must also state whether data available regarding migrants wanting to go back was taken before arriving at the policy decision and place it on record by July 13. State government to address the Court on the status of migrants who have chosen to stay back in Bangalore. State to also place on record whether there is any data of migrant workers who are returning and whether employment is available for such returnees. The affidavit in this regard is to be filed by July 20..While hearing the matter, the Bench observed that one of the main reasons why migrants were desirous of going back to their home states was the spread of COVID-19. Another pertinent reason was that the projects they were working on had closed down..At this stage, Additional Advocate General Dhyan Chinnappa informed the Court that the work for those projects has recommenced. .However, the Court noted that the situation in the state, and especially in Bangalore Urban District, is going "from bad to worse". During the last few days, the cases are multiplying, the Bench noted..In light of the situation, the Court observed, ."Prima facie, it appears to us that there is no change in circumstances...The factors which prevailed since the state took a decision to bear the railway fare of migrants, the same situation continues today. In fact, as noted earlier, in terms of spread of COVID-19, the situation has become worse. The question is whether the state can bring a drastic change in policy only on the ground that the opportunities to work at various projects are now available for the migrant workers. In our view, the state will have to take a clear stand on this aspect in the light of rights which flow from under Article 21."Karnataka High Court .During the hearing, the Bench orally observed that the state cannot ignore the fact that 9 lakh migrant workers had registered on the Seva Sindhu portal. Now, the state can't remain silent since the spread of COVID-19 is on a tremendous rise, CJ Oka said. ."These workers have contributed to the development of the city. State cannot ignore them now."Karnataka High Court.This apart, the Bench also took note of the status of food security for persons in containment zones..Expressing its extreme dissatisfaction today, the Bench today pulled up the Bruhat Bengaluru Mahanagara Palike (BBMP) for going against its previous order, and not providing food and ration kits to needy persons in containment zones..Highlighting this, the order passed by the Bench reads, ."BBMP is not only defying the orders of the Court, but also failing to conform to its obligations of providing ration kits to the needy people staying in containment zones. The state government, therefore, shall step in action immediately and ensure that through the machinery of the state, the rules regarding containments zones are strictly implemented and that needy people residing in containment zones are immediately supplied food packets and ration.".It was clarified that persons in need of food kits are to be immediately identified, and that food must be supplied to them at the earliest. .During the hearing, the BBMP counsel had admitted that though it is the municipal body's obligation to supply food and essentials, it had not made any enquiry regarding persons who are in need of the same..As the hearing progressed, the BBMP counsel stated that there is no strict curtailment of movement in containment zones, and that persons in containment zones are allowed to freely move around. .Expressing consternation at this submission, the Bench remarked, ."State government cannot allow BBMP to neglect its duties. It is time for the state to intervene now."