Karnataka HC Suggests State To Issue Guidelines On Background Check For Migrant Workers, Calls For Balanced Approach Without Stigmatization

The Karnataka High Court has suggested to the State government to issue guidelines concerning background verification, identity confirmation or registration of inter-state migrant workers, while hearing a case wherein five persons stated to be migrant workers were accused of a triple murder. In doing so the court also emphasized need for preventive safeguards through strict enforcement of existing labour and criminal regulatory mechanisms as well as a introduction of mandatory police verification mechanism before engaging workers who reside within private premises. The court however also emphasized while strengthening the mechanism migrant workers must not be stigmatized calling for a balanced approach. The court was hearing the State's appeal challenging sessions court order acquitting four persons for the murder of a family of three. A division bench of Justice HP Sandesh and Justice Venkatesh Naik in its order said:"It is seen in recent times, incidents have been reported where Inter-State migrant, who were engaged for domestic or construction work, have allegedly been involved in serious offences such as murder and robbery in the very premises where they were employed. In many such cases, the house owners or employers had engaged the workers without conducting any background verification, identity confirmation, or registration with the concerned authorities. Some of such migrant workers frequently committing crimes and fleeing away and as such, the same have to be streamlined by issuance of certain guidelines by the State Government.This situation highlights the urgent need for preventive safeguards through strict enforcement of existing labour and criminal regulatory mechanisms. Further, a structured and mandatory police verification mechanism should be introduced before engaging workers who reside within private premises, similar to tenant verification systems, with simplified online registration portals accessible to the public. At the same time, widespread public awareness campaigns through print, electronic, and social media platforms should be undertaken to educate citizens about safe hiring practices".The bench however said that while strengthening preventive mechanisms, it is equally important to ensure that migrant workers are "not stigmatized as a class" since criminal liability is individual in nature and the constitutional guarantees under Articles 14 and 21 of the Constitution of India protect the dignity and equality of all persons. The court thus emphasized on "balanced judicial directions aimed at regulation, awareness, and accountability without discrimination which would serve the larger interest of public safety and social justice"."In this case, the migrant labours who were from West Bengal came to Bengaluru in search of job, entered the house of deceased persons as maid, they made criminal conspiracy, committed murder of deceased persons (three deaths) and robbed gold, silver and other valuable properties in their house and fled away. They were arrested after twenty months of the incident. Inspite of it, the prosecution was able to secure accused Nos.1 and 2 from the State of West Bengal and as per their voluntary statement, accused Nos.3 and 4 were secured in Bengaluru. Thus, there was difficulty in tracing and securing the accused persons. In this regard, streamlining of the aforesaid guidelines is very much required," the bench added. The prosecution alleged that accused No.2, Suchitra Haldar, was working as a maid in the house of the deceased persons–Purushotham Lal Sachidev, Deepak Sachidev and Rita Sachidev. It was alleged that accused No.1 Deepak Haldar the husband of accused no. 2, accused No.3 Mohammed Sarbal @ Raj, accused No.4 Bidan Shikari and accused No.5 Pradeep Naskar @ Mucche(absconding accused), were the friends of Deepak Haldar.It was alleged that they all conspired together to rob cash, gold ornaments and valuable articles from the house of the deceased family and also hatched a plan to commit murder.On 15.02.2009, accused persons went to the deceased house and allegedly murdered the deceased persons. They thereafter robbed gold Mangalya chain, two gold bangles, one gold ring, cash of Rs.30,000 kept in the almirah, seven silk sarees, a wall clock and two silver lamps and attempted to conceal the deadbodies.The bench referred to the evidence of the witnesses and said,"In order to prove the 'homicidal death' of the deceased, the prosecution examined PW1, who saw the dead body of the deceased persons for the first time in the house of the deceased situated at R.T. Nagar, Bengaluru. He has stated that soon after the incident, he came to the house, opened the door of the house and saw the dead body of deceased Purushotham Lal Sachidev, Deepak Sachidev and Rita Sachidev, in the house. PW2-Dr. Rajkumar, relative of the deceased also, stated that he saw the dead body of the deceased persons in the house of the deceased. PW3- ...

Karnataka HC Suggests State To Issue Guidelines On Background Check For Migrant Workers, Calls For Balanced Approach Without Stigmatization

LIVELAW NEWS NETWORK

Tags