In an encouraging development a three-Judge bench of the Supreme Court comprising of Justices Ashok Bhushan, SK Kaul and MR Shah in a suo motu case have taken up the issue of crisis of migrants that was seen as a consequence to the Covid-19 lockdown and the order has been reserved on the issue which is scheduled to be passed on June 9.
However, the bench observed during the course of the hearing that, directions for ensuring the welfare of migrants who have now reached their native States will be passed. The bench further observed that, "What we propose to do is that we will give you (Centre) and the States 15 days time to transport all migrants. All States will have to bring on record how they will provide employment and other kinds of relief. There should be registration of the migrants."
Be that as it may, it is a matter of great relief that the apex court has finally taken view of the plight of millions of migrant workers looking for transport to get back to their home and relief from the unending misery unleashed by the lockdown. The suo motu proceeding was apparently based on media reports and representations from advocates, who have observed that there have been serious discrepancies and lapses by the Centre and States in managing the problem faced by the migrant workers.
Things would not have actually come this far, had the court considered this a few weeks earlier. It is pertinent to mention here that, in the wake of the unprecedented humanitarian crisis of Covid-19 outbreak and nationwide lockdown, there was a state of chaos and conundrum across the country and the migrant workers were the worst hit. And this was when the Supreme Court was first approached by way of a PIL on March 31 to intervene in the matter, especially regarding the issues pertaining to migrant workers and help them out of the crisis.
At that stage, the Supreme Court sounded quite self-restrained in interfering and intervening in the matter and sort of accepted the Government ’s stand as submitted by Solicitor General Tushar Mehta that there were no migrant workers on the road and all of them have been housed and fed and that the exodus of migrants was due to the fake news, that the lockdown would last for months. However, under such circumstances, the only limited direction that was passed, was by way of advisory to police to treat the migrant workers found on the roads with kindness and the court asked the media to highlight the Government ’s stand on the latest development in the issue. Attributing fairness to the intent of the court, it can be best said that, perhaps at that time the court was cautious enough not to interfere in the Government ’s efforts in handling the sudden fallout and let it to be managed by the best of the ability, judgment and discretion of the executive in tandem with its resources. However, the issue hasn’t been taken with kindness by its own fraternity, and many retired judges have portrayed this to be an abdication of the court’s duty to protect the fundamental rights, especially of the most vulnerable ones.
Even one retired High Court Judge referred the incident to be a continuation of Emergency era judgment of ADM Jabalpur, which is now fortunately overruled, but wherein it was held that, the fundamental rights are not absolute during state of emergency.
Anyway, adhering to the principle of ‘let bygones be bygones’, and looking forward what one could see in the Friday’s hearing in this case, is a quite empathetic view expressed by the bench almost in solidarity with the migrant workers. It is learnt that, almost all the stakeholders including the Centre, State and interveners were heard at length and issues ranging from unequal treatment of migrant workers for the purpose of train travels, complex registration process to travel back home, the present status of the migrant workers in various States, matters pertaining to their food, shelter and employment opportunity were discussed.
Now, it is important for the apex court to find out if the Centre, which imposed a stringent lockdown, which was apparently not just to flatten the curve but to get time space for preparing the health infrastructure and strategise for reopening the nation and economy with a tight grip on public health concern, has actually discharged its obligations properly or not. And if discrepancies are found, then guidelines may be laid down for effective planning, necessary coordination and putting in a system to address the economic and humanitarian ramifications of the pandemic and the consequent executive actions to deal with it.
At such a juncture, when we are expecting a sudden upsurge of the number of Covid-19 cases as a result of unlocking the lockdown, it is also important that, we think something for the health issues of the underprivileged, for they tend to be more vulnerable to the contagion, given their way of living. So, may be, we should now, think of nationalising the private, super-speciality/corporate hospitals, which so far have been the sole claim of the rich and affluent
Undoubtedly a national crisis of this magnitude requires a statesmanlike approach from the top leadership and a saviour in the form of the judiciary. No pettifogging or politically motivated criticism either can save the day, as we wish a lot to come from the court. It is time for the judiciary and the political leadership, which also includes the opposition, the bureaucracy, the civil society, to come together to spare moments for thinking and planning how to rebuild the great nation, not at the cost of our poor, vulnerable and impoverished brothers and sisters, but with the spirit of resilience and a strong motive to carry them on our shoulders when they cannot on their own, and make them self-sufficient in due course.
(The writer is a lawyer and public policy expert. He can be reached at sjyotiranjan3@gmail.com.)