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Can COVID-19 negative migrant labourers be sent home? SC seeks Centre’s response

The matter was being heard through the video conference by three judges bench comprising of Justices NV Ramana, Sanjay Kishan Kaul and BR Gavai.     

Can COVID-19 negative migrant labourers be sent home? SC seeks Centre’s response

Migrant workers from the state of Madhya Pradesh carrying their belongings wait to board a bus as Greater Hyderabad Municipal Corporation authorities shift them to a temporary shelter during a government-imposed nationwide lockdown as a preventive measure against the COVID-19 coronavirus, in Hyderabad. (Photo by NOAH SEELAM / AFP)

Supreme Court on Monday asked the Centre to respond within a week on whether migrant labourers who test negative for coronavirus can be sent home and asked it to respond within a week.

The order came in response to a petition that sought the apex court’s help in returning migrant labourers to their homes in view of the lockdown to control the COVID-19 pandemic.

Activist Prashant Bhushan was representing the petitioners and during the argument said, “People have one day’s ration with them. They are in a desperate situation. Why the people who are tested negative, can’t go to their respective homes, I don’t understand.”

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The matter was being heard through the video conference by three judges bench comprising of Justices NV Ramana, Sanjay Kishan Kaul and BR Gavai.

Meanwhile, a stormy exchange between the judges and Prashant Bhushan took place during the course of hearing over later’s remark on the judiciary.

“You don’t have faith in us. How can we hear you? An order can always be criticized,” Justice SK Kaul told Mr Bhushan. “This institution is not hostage to the government. You don’t have faith in us,” he said.

On this Prashant Bhushan responded by saying, “I have never said that I have no faith in this institution. I could be wrong. But this is the opinion expressed by several retired judges that the court is accepting whatever government says without verifying.”

“You say that you are with this institution for more than 30 years. You know some orders are favourable, some are not. You should not have said such things,” Justice Kaul said.

“I understand sir. This is not lack of faith in the institution,” Bhushan responded.

Further, Justice Gavai commented that the Uttar Pradesh Chief Minister Yogi Adityanath said that he would bring back 15 lakh labourers.

Bhushan said it would collide with Central government’s orders. “The Central government has shut its eyes, it seems. The migrant labourers who are in distress should be considered immediately,” he said.

Representing the Centre, Solicitor General Tushar Mehta said the government is also very much concerned about the matter and wants to help migrant labourers.

“The government is consulting with the states on how many have to be transported to their states and how many have to be given help and what kind. We are taking all kind of steps,” he said.

“Their daily needs are taken care of wherever they are working. The needs of their families are being taken care of at their villages. At this stage, migration defeats very object of preventive measures and there is a high chance that people in rural areas will get infected,” Mehta added.

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