SC asks states to pay train fare of migrants; Railways to provide food during journey

NEW DELHI: The Supreme Court on Thursday took note of the several lapses and inadequacies in the government response to the problems of migrants fleeing cities during the lockdown and ordered all state governments to provide them immediate food and shelter and pay their train fares.

The state governments - of the receiving and sending states - will share the train fare, a three-judge bench led by Justice Ashok Bhushan and comprising Justices Sanjay Kishan Kaul and MR Shah ordered.

The Railways will provide trains for their transport whenever asked to by the states and also provide them food and water, the bench said.


The court had earlier refused to step in to address the issue but took it up later suo motu amid severe criticism of the judiciary’s lack of response to the crisis.

The court said these were its interim directions to the state governments while it awaits their complete responses enumerating steps taken to resolve their problems. The court also said that all those found walking on the road will be given immediate aid by the concerned state governments. They will be taken to shelters and given food and other facilities.

State governments will also register them, inform them of the waiting period and ensure that they are put on trains or buses to their destinations, the court said.

The interim orders came after a fairly long court hearing in which the central government defended its response as adequate given the immensity of the task.

Tushar Mehta appearing for the government argued that it had a national policy in place to ensure that migrants were registered and sent to their homes if they want to return, but sought time to place this before the court.

Everyone from the “Prime Minister to the safai karamcharis are working tirelessly” to deal with the problem, he said, adding that only a few unfortunate instances were highlighted.

Some 3700 trains have been used to transport 91 lakh people in 27 days (from May 1 to 27 May), he said. He also claimed no train fare was being charged from the migrants.

Mehta accused activists and NGOs who have sought the court’s intervention to deal with the humanitarian crisis of trying to politicise the issue and not doing anything to aid the migrants.

The court also heard some state governments such as UP, Bihar and Gujarat and asked all governments including the centre to place their policies before the court so that the process could be further streamlined. The top court will hear the case again next Friday.