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NEW DELHI: The Supreme Court said Tuesday it would not enter the budgetary or financial domain of the Union government by ordering it to pay basic minimum wages to migrant workers during the shutdown period, as demanded by human rights activists Harsh Mander , Swami Agnivesh in PILs. and others.
Another PIL sought a direction for state governments to pay minimum wages to freelancers like rickshaw shooters, car drivers, etc. But a bank of judges NV Ramana, SK Kaul and BR Gavai wondered how the courts could direct the Center to give money to the states for this purpose /
“Are we experts in such matters? These are elected governments in the states and the Center that have the mandate to govern. We are not getting into issues of financial support and of sufficiency or insufficient funds,” he said.
In defense of rights activists, advocate Prashant Bhushan cited a study of 11,000 migrant workers, saying that almost 90% of them said they did not get any rations or cooked food from governments. He said the 2011 census estimated the population of migrant workers to be 4 crore, but the Center said it has provided shelter and food to 15 lakh.
“It is a mockery of social distancing in crowded shelters. The Center’s claim that it has transferred 500 rupees per month to women who have Jan Dhan accounts is inadequate. The government recognized the need for monthly payments to migrant workers. That is why Private employers asked to pay their workers. Almost 90% of workers said they had not been paid during the shutdown period. The government said it would pay Rs 5,000 to each construction worker. But they make up a very small minority. of the population, “Bhushan said, demanding the payment of the minimum wage to migrant workers during the closure period.
Attorney General Tushar Mehta pulled out all the guns lit during the videoconference hearing and dismissed the petitioners’ claim about the starving migrant workers.
“Who told the petitioners that no worker has been paid? Who conducted the survey that showed that the workers are hungry? What have the petitioners done so far to help migrant workers? The government, in addition to transferring money to those in need has provided benefits under the direct transfer scheme. About 50,000 NGOs are working closely with governments to provide food and basic needs to migrant, poor and indigent workers during the closure period. But there are some rights activists whose social work is limited to presenting PIL. ”
Mehta added that helpline numbers across the country are being actively monitored by two state ministers and the interior minister.
“Anyone looking for food gets it within an hour of filing a complaint on the helpline. The petitioners have not specified which worker they represented and who is hungry,” he told the bank.
While questioning the veracity of the survey cited by human rights activists, the bank led by Justice Ramana said: “In a situation like this, the court cannot say whether any task should be done in one way or another. It is an unusual situation. Someone may say that something is wrong. But everyone is trying to do their best. ”
The bank arranged the petition saying that the petition and the accompanying material will be considered as a representation by the Center to take whatever steps it deems necessary to assist the large number of migrant workers.
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Another PIL sought a direction for state governments to pay minimum wages to freelancers like rickshaw shooters, car drivers, etc. But a bank of judges NV Ramana, SK Kaul and BR Gavai wondered how the courts could direct the Center to give money to the states for this purpose /
“Are we experts in such matters? These are elected governments in the states and the Center that have the mandate to govern. We are not getting into issues of financial support and of sufficiency or insufficient funds,” he said.
In defense of rights activists, advocate Prashant Bhushan cited a study of 11,000 migrant workers, saying that almost 90% of them said they did not get any rations or cooked food from governments. He said the 2011 census estimated the population of migrant workers to be 4 crore, but the Center said it has provided shelter and food to 15 lakh.
“It is a mockery of social distancing in crowded shelters. The Center’s claim that it has transferred 500 rupees per month to women who have Jan Dhan accounts is inadequate. The government recognized the need for monthly payments to migrant workers. That is why Private employers asked to pay their workers. Almost 90% of workers said they had not been paid during the shutdown period. The government said it would pay Rs 5,000 to each construction worker. But they make up a very small minority. of the population, “Bhushan said, demanding the payment of the minimum wage to migrant workers during the closure period.
Attorney General Tushar Mehta pulled out all the guns lit during the videoconference hearing and dismissed the petitioners’ claim about the starving migrant workers.
“Who told the petitioners that no worker has been paid? Who conducted the survey that showed that the workers are hungry? What have the petitioners done so far to help migrant workers? The government, in addition to transferring money to those in need has provided benefits under the direct transfer scheme. About 50,000 NGOs are working closely with governments to provide food and basic needs to migrant, poor and indigent workers during the closure period. But there are some rights activists whose social work is limited to presenting PIL. ”
Mehta added that helpline numbers across the country are being actively monitored by two state ministers and the interior minister.
“Anyone looking for food gets it within an hour of filing a complaint on the helpline. The petitioners have not specified which worker they represented and who is hungry,” he told the bank.
While questioning the veracity of the survey cited by human rights activists, the bank led by Justice Ramana said: “In a situation like this, the court cannot say whether any task should be done in one way or another. It is an unusual situation. Someone may say that something is wrong. But everyone is trying to do their best. ”
The bank arranged the petition saying that the petition and the accompanying material will be considered as a representation by the Center to take whatever steps it deems necessary to assist the large number of migrant workers.
