Maharashtra government must take decision on transport costs of migrants: Bombay HC

MUMBAI: The Bombay high court on Friday directed the Maharashtra government to take an appropriate decision on sharing the transport costs of migrant workers returning homes.
This followed after it was informed that the government will bear the expenses of the medical screening of migrants.
Justice Suresh Gupte, via videoconference, heard three PILs by NGOs and Sarva Hara Jan Andolan, a union, that highlighted the plight of migrants following the Covid-19 lockdown in Mumbai. The HC on May 5 had directed the State government to clarify who will pay for the medical screening as well as transportation of migrant workers.
The state's advocate said it has modified its earlier orders under the Disaster Management Act, 2005 regarding transportation of migrant workers. The May 7 order provides that medical screenings will be free of costs for them. The screening can be done either by medical officers of the government or municipal corporations and also by registered medical professionals hired by municipal corporations. The court was told each passenger will not require an individual medical certificate but instead there will be a common passenger manifest of who have been successfully screened before boarding.
The NGOs’ advocates Kranti L C and Ronita Bector pointed out that migrants are not aware of this change in the State's position and it should be publicised adequately . They said the lack of awareness about the State's measure to send migrants home is what has led to them to reach railways stations by any means. They also referred to the incident this morning Aurangabad where at least 15 migrants were run over by a goods train while they rested on the tracks. Justice Gupte then orally asked the State to publicise the new changes it has made regarding medical screenings being free of cost.
With regard to break of transport expenses of migrants, the judge referred to the Supreme Court's May 5, 2020 order that recorded that the raiilways are subsidising 85 percent of the fare of migrants and that States are free to take a decision on the balance cost.
Justice Gupte noted that additonal solicitor general Anil Singh has confirmed the position of the Central government in terms of the rail subsidy. He directed the State government to accordingly take an appropriate decision.
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