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This Article is From Apr 27, 2020

Can Coronavirus Negative Migrants Go Home? Court Seeks Centre's Response

The petition sought the Supreme Court's help in returning migrant labourers to their homes in view of the lockdown to control the COVID-19 pandemic

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India News Reported by , Edited by

COVID-19: Across the country, migrant labourers have been stranded at their place of work.

New Delhi:

The Centre has to respond within a week on whether migrant labourers who test negative for coronavirus can be sent home. The order from the Supreme Court came in response to a petition that sought the court's help in returning migrant labourers to their homes in view of the lockdown to control the COVID-19 pandemic.

Arguing that the fundamental rights of migrant labourers are being violated, activist Prashant Bhushan, who was representing the petitioners, 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."

But the three-judge bench of Justices NV Ramana, Sanjay Kishan Kaul and BR Gavai questioned why they should hear Mr Bhushan, given his remarks against the judiciary -- an exchange that rapidly became stormy.

"You don't have faith on us. How can we hear you? An order can always be criticized," Justice SK Kaul told Mr Bhushan, in the hearing held through video-conference. "This institution is not hostage to the government. You don't have faith in us," he added.

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"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," Mr Bhushan responded.

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

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

When Justice Gavai commented that Uttar Pradesh Chief Minister Yogi Adityanath is saying that he would bring back 15 lakh labourers, Mr Bhushan said it would "collide with the Central government's orders".

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"The Central government has shut its eyes, it seems. The migrant labourers who are in distress should be considered immediately," Mr Bhushan added.

At this, Solicitor General Tushar Mehta, who was representing the Centre, said the government is also "very much concerned" about the matter and wants to help migrant labourers.

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"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," the Solicitor General said.

For now, there is no need for workers to migrate to their place of their occupation to the place of their residence, he said.

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"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," Mr Mehta added.

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