The National Human Rights Commission (NHRC) has recently flagged issues surrounding the treatment of migrant workers during the COVID-19 pandemic. They have issued notices to the Union Home Ministry, the Railway Board, and the Governments of Bihar and Gujarat, taking a serious view on reports about deaths of migrant workers on Shramik Special trains, and additional problems relating to food and water supply for passengers on these trains.
Shramik Special Trains: A Lifeline for Stranded Migrant Workers
In response to the nationwide lockdown induced by the Covid-19 crisis, the government initiated Shramik Special trains from 1st May, 2020. The primary purpose of these trains was to ferry stranded migrant workers back to their home states. These individuals, primarily daily wage workers, were left without jobs or means of livelihood due to shutdowns of businesses and establishments. Without money, jobs, food, savings, or shelter in cities, many were forced to return to their villages.
Serious Concerns over Treatment of Migrants
Various media reports caught the attention of the NHRC, particularly those highlighting the late departures of these trains, resulting in the extended duration of journeys. Many migrant labourers reportedly lost their lives due to conditions onboard, exacerbated by the lack of arrangements for drinking water and food. The NHRC sees these incidents, if true, as gross violation of human rights, reflecting the state’s failure to protect the lives of poor labourers.
Response from the NHRC and Supreme Court
Notices have been served by the NHRC to the Chief Secretaries of Bihar and Gujarat governments, the Chairman of the Railway Board, and the Union Home Secretary. Reports on these human rights violations are expected within four weeks. In parallel, the Supreme Court issued a directive stating that States involved in the transit of workers must share the travel expenses. The railways are expected to provide drinking water and meals, and in case of bus journeys, the state from which they began their journey must ensure food and water supplies.
About the National Human Rights Commission
Established on 12th October, 1993 under the Protection of Human Rights Act (PHRA), 1993, the NHRC functions as a watchdog for human rights in India. It aligns with the Paris Principles adopted in October 1991 for promoting and protecting human rights. The commission consists of a Chairman and five members, who hold office for three years or until they reach the age of 70.
Need for a Nationwide Action Plan
The Centre currently lacks a nationwide action plan to tally the exact number of labourers stranded in various parts of the country. With the involvement of grassroots administrative mechanisms, an accurate list of stranded workers could be created. Compiling data about their sources, destinations, demography, employment patterns and skill sets can aid in skill development, provision of social security benefits, and planning for mass transit of migrant labour.
Inter-State Council to Deal with Migrant Worker Issues
Migrant worker-related issues have complex Centre-State and inter-State dimensions. Empowering the Inter-State Council set up under Article 263 of the Constitution will help effectively and comprehensively address these larger issues related to migrant workers. This action will ensure the protection of their rights and welfare during this crisis and beyond.