SCs SUO-MOTU COGNIZANCE OF MIGRANT CRISIS - (Article)

On 26th May, 2020 (Tuesday), the Supreme Court of India took Suo-Motu Cognizance of hardship of millions of migrant workers. Due to National Lockdown, Migrant Labourers faced many difficulties related to shelter, food and other essentials. Justice Ashok Bhushan, Sanjay Kishan Kaul and Mr. Shah issued notices to the Centre and State Governments to take all important measures and immediately provide transport, food and shelter free of cost to all migrant workers. A large number of  letter and representation received by Supreme Court on migrant issues, asking court to take action. Though the centre and state government has taken action but it seems to have some deficiencies and inadequate in measures so court asked government to respond within forty-eight hours what action government have been taken for migrant crisis. On 28th May, 2020 Tushar Mehta (Solicitor General of India) explained in brief what steps have been taken by government till now for migrant workers. The hearing conducted through video conferencing between the parties.

Significance of this development

It is very important to took this decision as a lot of migrant workers facing many difficulties. As migrant worker move from one place to another in the search of temporary or permanent work since 1947, before lockdown many workers left their native place in search of employment so they got stuck at different areas when National Lockdown imposed by PM Narendra Modi on 23rd March, 2020 to avoid pandemic (COVID-19). Most of the migrant workers lost their lives, as some walked thousands of kilometers, and most of migrant workers get their wages on a daily basis so shortage of money leads difficult life for them. Government trying their best to provide free food to all migrant workers but governments can’t reach out to everyone and everywhere. By taking Suo-Motu Cognizance the Apex Court make clear to everyone that each and everyone should get free food, transport and Shelter, and also ensure not to violate fundamental rights of migrant workers.

What is Suo-Motu Action ?

In legal terms, Suo Motu (suo sponte),is an action taken by authority mostly by courts without prior permission from parties.Suo Motu is a latin term which means “on its own motion”.Suo Motu in India has been covered  under Article 32 & Article 226 of the constitution. The  central authority, court and government agency take decision by their own in some respective and relevant cases where immediately action is required. In Migrant case, Supreme Court took suo motu cognizance means they decide in their own terms and ordered Government to provide transport, shelter and food, free of cost to all migrants.Suo Motu cognizance also reflects Judiciary powers and activism. Best advantage of this cognizance is speedy delivery of justice by courts. Court issued suo moto writ petition in order to protect public peace and ensure to provide justice or remedy in immediate matter.

Reasoning behind observation of SC

Undoubtedly, this action taken by judiciary is based on many observations and representations. There were separate PIL filed in SC asking for the remedy for migrant workers. As there are continuously some news about the difficulties faced by many migrant workers. Even the Aurangzeb incident happened, and many workers  lost their lives while they were sleeping on the railway track and that matter came to court. Even Though SC said that centre and state government have taken some actions but there are lot of thing required to be done. Migrant Workers register themselves two-three weeks backs but still they are waiting for their turn to be transported back to their native place. Also thirteen year old girl(Jyoti Kumari)cycles eleven hundred kilometers(approx)carrying his wounded father, and other news of migrant crisis through media. Like how they can afford shelter, food and transportation charges as they don’t have enough finance to meet such struggle. Many letter received and by PIL court observed the matter carefully and taken the suo motu and directs government to provide necessity items to all laboures.

Critical Analysis

After seeing all matters and circumstances, government have taken some actions towards migrant worker but the fact is lot of migrant workers didn’t get relief. So many migrant workers died because of walking over long distance,hunger,accident,without shelter they sleep anywhere and many more other  reasons.170 migrant workers died, not because of COVID-19  but because of accidents. Many migrant workers suffered a lot. There are some non-avoidable situations also happened in migrant crisis.

Like “Child sleeps on a suitcase even as mother drags it on”.“Husband pulls pregnant wife on a hand cart for 17 days”.“Jyoti Kumari” cycles 1200 km(approx) carrying her wounded father”.“Hunger forces migrant to loot”. And many more incidents and some of struggle and problems didn’t even highlighted. Even when there is no transportation the migrant workers use to come in truck by taking lifts and in recent interview migrant workers mentioned that drivers took their advantages by charging extra fare from them. Migrant workers are not literate they don’t know about their rights provided by constitution. Court has taken action but little delayed as Lockdown started from 24th march 2020 on an outbreak of COVID-19 and SC issued notice on 26th may 2020,if any order of this kind was issued earlier just after commencement of previous phase of lockdown, lives of some workers would have not been lost and many workers would have not suffered. As Migrant workers don’t have adequate essential and they get their payment on a daily basis but because of lockdown they don’t have any work so they cant afford basic items.Goverment has taken actions to deal with the problem of migrant crisis but it is not possible to reach out everyone and everywhere.

Conclusion

Government has taken some action for migrant workers but with the notice issued by SC makes more clear and binding on authority to provide free transportation, food and shelter to all migrant workers. Migrant workers suffered more and will going to suffer a lot in future as lack of employment and work. Many NGOs also taking care of Migrant workers. A lot of migrant workers reached back to their home. Government and courts cannot forgot to protect rights of each and every citizen of India, constitutional role is to protect and upholds lives and liberty of migrant workers. Suo motu cognizance taken by court at that time is for that no migrant should suffer in coming days for essential items.

 

 - Harshika Pareek

JECRC University.

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