NHRC Intervenes In Suo Motu Case On Plight Of Migrants; Suggests Long Term & Short Term Measures [Read Application]

The National Human Rights Commission (NHRC) has filed an application seeking to intervene in the case of Suo Motu cognizance taken by the Supreme Court with regard to the condition of migrant workers stranded in different parts of the country amid the COVID-19 induced lockdown. Through its application, NHRC purports to examine the laws governing the protection of human rights of migrants and suggest measures to ensure the same are not compromised, as per its prescribed statutory functions. Since the Commission was established to protect and promote human rights under the Protection of Human Rights Act, 1993, it is stated that the application is in furtherance of its prescribed functions under the Act. Its functions, states NHRC, are "to intervene in any proceedings involving any allegation of violation of human rights pending before a court", and "to review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for effective implementation". The Commission has informed Court that, based on certain reports, it has taken suo motu cognizance of migrants in 6 different cases and has issued notice to various Governments and Departments, asking them for details on what action they have taken to provide food, water and other basic amenities to those who are seen to be struggling. NHRC details these 6 instances where it felt the need to step in due to apparent human rights violations, and issued notice to the following authorities, in each separate case respectively:- Chief Secretary, Government of Maharashtra and the District Magistrate, Aurangabad, MaharashtraChief Secretaries of Maharashtra and Madhya PradeshChief Secretary, Government of Punjab, the Chief Secretary, Government of Uttar Pradesh and the District Magistrate, Agra, Uttar PradeshDirector General of Police, GujaratChief Secretary, Government of Uttar PradeshChief Secretary, Government of Gujarat; Chief Secretary, Government of Bihar; the Chairman, Railway Board, Ministry of Railways, Government of India, New Delhi; and the Home Secretary, Ministry of Home Affairs, Government of India, New Delhi NHRC further points out that the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is an important legislation to govern inter-state migrant workers, which was aimed at providing inter-state workmen with conducive work conditions and preventing exploitation. Despite the legislation granting migrant workers entitlement to wages similar to other workmen, displacement allowance, journey allowance and payment of wages during the period of journey, NHRC contends that their plight in recent times has shown that the Act was never implemented in its true spirit. In this light, NHRC has come up with a list of 10 short-term and 10 long-term measures to help reduce the hardships and grievance of poor labourers. The Top Court has been asked to consider these suggestions in order to not only alleviate the current plight of migrant workers, but to also ensure that such distress is not caused in the future. The suggestions enclosed in the application filed through Advocate Mohit Paul are as follows:- A. Short term measures: In order to estimate the in-flow of migrant workers, States should collect the data of migrant workers at the point of departure in the originating State as well on arrival in the destination States. This will help States to effectively plan quarantine and relief measures for the migrant workers.The Government of India and the State Governments must ensure proper implementation of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 so that the migrant workers are provided with a journey allowance.Menstrual hygiene products should be provided to migrant women and adolescent girls across the country. For example, at the Andhra-Odisha border in Odisha's Ganjam district, the women and adolescent girls among migrant workers walking homeward on the NH16 have received menstrual hygiene products, along with food and other relief material, from Youth for Social Development (YSD), an NGO.Each state should be directed to ensure proper functioning of shelter homes especially for the accommodation of pregnant women, lactating mothers, children, and elderly persons. Itshould be ensured that medical facilities and nutritious food are available in these shelter homes.Each State should be directed to identify the industry in which the migrant labour is working i.e construction, agriculture, brick kiln, etc. This identification will aid the State in creating schemes for the migrant workers and in the preparation of a State-wide and Nationwide database.States should be directed to take steps for the support of migrant workers, similar to the steps taken by the...

NHRC Intervenes In Suo Motu Case On Plight Of Migrants; Suggests Long Term & Short Term Measures [Read Application]

Nilashish Chaudhary

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