COVID-19 crisis: Delhi HC directs AAP govt to formulate scheme for migrant workers

In a landmark move amid the second COVID-19 wave, the Delhi High Court directed the AAP government to formulate a welfare scheme for the migrants working in the unorganised sector. The bench of Justices Manmohan and Asha Menon was hearing a plea seeking the government to register all migrant workers under Section 10 of The Unorganised Workers’ Social Security Act, 2008 and to provide free medical facilities to them. Moreover, it sought directions to pay money to all migrant labourers under the income transfer scheme.

The court stressed that payment of ex-gratia amount to such workers should be factored in while finalising the scheme. Moreover, the Delhi Chief Secretary was directed to ensure that the registration process for migrant workers is simplified and implemented at the ground level. He was also asked to consider the possibility of involving the elected representatives as well as NGOs, gurudwaras, etc. who have a good track record owing to the magnitude of the pandemic.

Calling for a status report to be filed within the next two weeks, the matter was adjourned to May 20. At present, there are 90,419 active coronavirus cases in Delhi while 11,24,771 patients have been discharged and 17,752 deaths have been reported. On the other hand, 28,01,995 persons have been inoculated in the capital city till now. The Delhi HC's intervention assumes significance amid migrant workers leaving the national capital after the lockdown announcement. 

Here is an excerpt from the order: 

The HC noted, "Having heard learned counsel for the parties, this Court is of the opinion that in view of the scale and magnitude of pandemic Covid-19, a structured response by the administration is required so that the voiceless and the marginalised sections of the society can be given proper and adequate relief. Consequently, this Court directs that the present writ petition be treated as a representation to the Chief Secretary, Government of NCT of Delhi who is directed to frame a Scheme incorporating a structured response for the ‘home-based worker’, ‘self-employed worker’ and ‘unorganised worker’, as defined under The Unorganised Workers’ Social Security Act, 2008, within two weeks. While framing the scheme, the Chief Secretary shall keep in mind the prayers sought for in the present writ petition, including the prayer for payment of ex gratia amount to the unorganised workers and the migrant workers."