[COVID-19] Structured response required to give adequate relief to voiceless and the marginalised sections: Delhi High Court

The Delhi High Court today called for a "structured response" from the administration to give proper and adequate relief to the voiceless and marginalised sections of the society amid the COVID-19 pandemic (Abhijeet Kumar Pandey v. UOI)..A Division Bench of Justices Manmohan and Asha Menon accordingly directed the Delhi government to frame a scheme for home-based workers, self-employed workers and unorganised workers, as defined under the Unorganised Workers’ Social Security Act, 2008, within two weeks..Considering the "gigantic magnitude" of the pandemic, the Court has also directed the Delhi government to consider the feasibility of involving elected representatives and civil society at large in particular NGOs, Gurudwaras etc, in the process. .The order was passed by the Court in a petition seeking registration of all migrant workers of Delhi under Section 10 of the 2008 Act. The petition also sought a direction to provide free medicines and medical facilities to migrant workers..Also sought was a direction to the State authorities to fulfil their obligations under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and to pay monies under the income transfer scheme to all migrant workers of NCT Delhi..The Court has asked the Chief Secretary of the Delhi government to treat the petition as a representation while framing the relevant scheme and to specifically "keep in mind" the prayers including the prayer for payment of ex gratia amount to unorganised workers and migrant workers..The Chief Secretary has also been directed to ensure that the registration process under Section 10 of the Unorganised Workers’ Social Security Act, 2008 is simplified and is implemented at the ground level. .In response to the petition, the Delhi government informed the Court that it was taking various steps to ameliorate the condition of migrant workers as well as those working in the unorganised sector. .The Court was informed that provisions for free shelter, food and medicare had been made. .It was informed that Rs. 98,96,70,000 has been disbursed to 2,10,684 workers under the Disaster Management Act, 2005. .The petitioner, however, claimed that the disbursement was restricted to the workers under The Building and Other Construction Workers’ (Regulation of Employment and Conditions of Service) Act, 1996. .Till date, there was no scheme to give benefit to the workers under the 2008 Act, the petitioner contended. It was also emphasised that there was no database to locate and identify migrant workers in Delhi..The matter will be heard next on May 20..Advocates Varun Singh Yatharth Kumar and Abhijeet Pandey appeared for the petitioner. .Centre was represented by Advocate Amit Mahajan. Advocate Gautam Narayan appeared for Delhi government. .Read the Order: