SWAN Report05062020 1
SWAN Report05062020 1
SWAN Report05062020 1
8
The Courts and Migrants
The impact on livelihoods have been While the role of several High Courts
equally devastating. In particular, (HCs) in dealing with the migrant
the destructive impact on livelihoods worker crisis has been commendable,
of women has been more. As per the SC has, however, acted with
the APU survey, among the urban alarming apathy. This has resulted
workers surveyed, 82 percent of in a growing loss of faith in the
female casual workers and 80 apex court. In dismissing a Public
percent of male casual workers Interest Litigation (PIL) on April 9th,
have lost employment. 89 percent of concerning wage compensation for
self-employed female workers and migrant workers, the Chief Justice
77 percent of self-employed male of India (CJI) had remarked ‘if they
workers have lost employment. What are being provided food then why
is worse is that the lockdown has also do they need money for meals. How
resulted in job losses for the regular can we stop it?’ said the SC bench
salaried workers. More than three headed by Justice L Nageswara Rao
out of four female and male urban while dismissing a plea by lawyer
salaried workers have lost jobs. To Alakh Alok Srivastava on May 15th
add to these woes, a whopping 89 referring to incidents where migrants
percent of urban households reported were killed while walking home. The
that they cannot pay the next month’s plea sought a directive from the
rent and about 41 percent of urban Centre to all district magistrates to
households reported that they had identify and provide food and shelter
to take loans to meet expenses. For to stranded workers. The Solicitor
rural households, these numbers are General Tushar Mehta said, ‘states
around 65 percent and 33 percent are providing interstate transport. But
respectively. Most of these loans are if people get angry and start on foot
likely from private money lenders who instead of waiting for the transport to
charge exorbitant interest rates. All be provided nothing can be done. We
these point to how a large part of the can only request that people should
migrant workforce has been pushed not walk. Using force to stop them
to the edge of existence. After facing would be counterproductive’. In
such an onslaught of indignity and response to the question on the death
hostility, it is natural that the migrant of 16 migrants being run over by a
workers would want to head back train in Aurangabad district, the bench
home. The Central government has said ‘How can anybody stop this when
demonstrated appalling apathy in they sleep on railway tracks?’
ensuring safe and dignified travel for
migrants. On the other hand, 12 HCs have
responded with empathy8. Most
recently, referring to the travel situation
9
‘States are providing
interstate transport.
But if people get
angry and start on
foot instead of waiting
for the transport to
be provided nothing
can be done We can
only request that
people should not
walk. Using force to
stop them would be
counterproductive.’
10
as ‘nothing but a human tragedy’, the a dead man found in the bathroom
Madras HC remarked ‘even after the of a train, among several others have
sorrow and sufferings were reported redrawn the development map of
in the media, nothing happened for India. The Central government has at
the past one month as there was no best created an archive of distress
coordinated effort between States’. and a museum of misery. The eerie
The Madras HC directed the Central silence of the otherwise vocal Home
and the state government to submit Minister, the platitudes of the Prime
an ‘Action Taken Report’ based on Minister and the apathy of the SC only
12 critical questions by May 22nd. reaffirm that the dignity of migrant
Taking note of the ‘lapses’ on part workers is neither a concern for the
of the Central and state government legislature nor of the apex court.
in dealing with migrant workers, on
May 28th the Allahabad HC asked ‘the concept of a Welfare State
the state government to ‘give a has been consistently a part of our
complete layout to reduce migration Constitutional philosophy. Today,
of the natives of Uttar Pradesh to because of the reluctance of the
other parts of the country to earn state government to bear the train
minimum livelihood’9. The Karnataka fare of the migrant workers who
HCs intervention on May 21st in are not in a position to pay, apart
directing the state government to bear from the allegation that it will
the costs of migrant workers’ travels violate the fundamental rights of
has also been notable10 and says ‘the the migrant workers, they will be
concept of a Welfare State has been forced to continue to stay in the
consistently a part of our Constitutional state. They will have to look upon
philosophy. Today, because of the the state government for providing
reluctance of the state government food and other necessities…’
to bear the train fare of the migrant
workers who are not in a position to On May 25th, in an attempt to restore
pay, apart from the allegation that it faith in the judiciary, 20 senior SC
will violate the fundamental rights advocates wrote a scathing letter11
of the migrant workers, they will be to the CJI and other senior judges
forced to continue to stay in the state. of the SC seeking cognizance of
They will have to look upon the state the SC in the biggest humanitarian
government for providing food and crisis in independent India. Urging
other necessities’. the SC to act, the letter stated that
‘institutional deference to statements
The visuals of a small child trying to made on behalf of the government
wake up his dead mother in a railway and the court’s apparent indifference
station, injured migrants being shoved to this enormous humanitarian crisis,
in the same lorry with dead people, would if not rectified immediately,
11
amount to the court having abdicated
its constitutional role and duty to
these teeming millions of poor,
hungry migrants’. It took a bouquet
of grim statistics, large scale deaths,
deplorable images on the television,
among others for the SC to finally
wake up. The SC took suo moto
cognizance of the situation on May
28th. Despite the massive delay in
responding proactively to the crisis,
we welcome the interim orders of the
SC which are broadly aligned with
SWAN’s recommendations on travel in
its two reports and in pleas made to
various government agencies through
letters.
12
‘institutional deference
to statements made on
behalf of the government
and the court’s apparent
indifference to this
enormous humanitarian
crisis, would if not
rectified immediately,
amount to the court
having abdicated its
constitutional role and
duty to these teeming
millions of poor, hungry
migrants.’
13
14
Damned If You Go Damned,
If You Stay Since April 29th, there have been
seven different travel orders for
Between May 9th and May 27th, migrant workers. On May 11th, the
there have been 80 deaths on board MHA issued an 8 point Standard
the Shramik Special trains as per Operating Procedure (SOP) for inter-
official data from the Railway Police state travel of migrant workers. In
Force (RPF)12. Acknowledging the response, SWAN had sent a letter to
deplorable state of affairs in these the MHA highlighting the gaps in the
trains, a zonal officer of the railways SOP and presented a detailed SOP
has said that ‘Heat, exhaustion and for travel of migrant workers. In turn,
thirst are among the primary issues the MHA released an order on May
faced by the passengers on board 16th giving the details of a National
these trains’. On the contrary, the Migrant Information System (NMIS)
railway ministry said in a statement by the National Disaster Management
that ‘It has been observed that some Authority. However, the portal itself
people who are availing this service has been a mystery given that a link
have pre-existing medical conditions to it was available only on May 20th.
which aggravates the risk they face Some inquiries to the ministry had
during the Covid-19 pandemic. A few revealed that in fact this portal is not
unfortunate cases of deaths related to meant for the public at the moment
pre-existing medical conditions while but is only meant for administrators
travelling have happened’. with login access. It is unclear why a
press statement was released by the
Keeping in mind that workers have MHA if the portal is not public. The
faced severe hostility and indignity for portal appeared to be a platform only
the last 2 months, it is imperative that to collect migrant workers’ information
the MoR adopts a humane approach without detailing how that information
to the repatriation of migrants. To this would be used.
end, any travel order should ensure
that workers are able to exercise There were at least a few major
their right to return with ease. Barring concerns with this portal. First,
one letter dated May 18th sent by many workers had registered in
Ajay Bhalla, Secretary, MHA, to all police stations and in different state
the Chief Secretaries, every order governments’ websites. There is
has been lacking in imagination and no clarity on what will happen to
empathy. In fact, even the letter sent those. Second, it does not give any
to all Chief Secretaries is not easily acknowledgement once a worker
available in the public domain. The registers on it. Third, it is unclear
orders appear to be an afterthought how trains are going to be scheduled
in trying to contain this manufactured based on the information collected
crisis instead of resolving it. here. Fourth, the May 16th order
15
states that mobile numbers will Each such shelter should have
be used for ‘contact tracing and multiple worker facilitation centres.
monitoring movement during covid Each such facilitation centre should
19’. However there was no indication have separate dedicated registration
that these mobile numbers will also be counters for high density destination
used to send important information to states such as Bihar, Jharkhand and
migrants on their travel application Odisha. This is to smoothen the travel
status, train booking, date and point registration process. Second, whether
of boarding etc. While there are some online or offline registration, workers
merits of scheduling travel through a should receive an acknowledgement
single portal, a solely technological that the registration has been done
solution to what is a massive logistical, and should be provided a time-
institutional and a humanitarian crisis, bound tentative date of journey to
is highly insufficient. As the large reduce anxiety. Third, there is an
crowds that gathered in Ghaziabad on urgent need to increase transparency
May 18th13 to register for travel made and awareness about the train/bus
clear, the repatriation of migrant schedules. Finally, there is a dire need
workers will need much more than a to increase the number of trains and
technological fix. buses that workers can travel for free.
In the MHA order dated May 19th, the Migrant Workers Still
MHA has instructed the MoR to issue Stranded: No Food, No Cash
train schedules and protocols for And No Work
movement of passengers. However,
plans, schedules or timelines are not From May 15th to June 1st, based
specified. None of the MHA orders on 821 distress calls received that
even make an attempt to create corresponds to 5,911 migrant workers
multiple worker-facing offline access from across the country, we find that
points for workers to register to travel, 80 percent still do not have access to
which can then be bulk uploaded government rations. There has been
on this platform. In the letters sent some improvement since May 22nd
to the MHA, SWAN has outlined that but the massive exclusion 2 weeks
the minimal major requirements at after the announcement indicates
this point are the following: First, that food distress amongst stranded
increase the number of government migrants remains almost as high as
run shelters. Special Economic Zones, the first phase of the lockdown.
malls, marriage halls, army areas,
public and private colleges, public • About 76 percent of people who
and private schools etc in each ward have called us since May 15th
need to be converted to sanitised have less than Rs 300 left with
temporary government shelters. them and 72 percent of people
16
Percentage of people who have not received rations from the government
86.8%
86.2%
85.7%
85.1%
Percentage of Stranded Workers
85 84.3% 84.2%
83.5%
83% 83.1% 82.9%
81.4%
80.7%
79.9%
80 79.3%
75
70
May 15 May 16 May 17 May 18 May 19 May 20 May 21 May 22 May 23 May 24 May 25 May 26 May 27 May 28 May 29 May 30 May 31 Jun 01
Date
have less than Rs 200 left with the respondent’s response is valid
them. 63 percent of people have only for that person and does not
less than Rs 100 left with them. reflect the thought of the group. Calls
• About 57 percent of the people were made to 1,963 workers. However
sent in ‘SOS’ calls (representing not all questions were answered by
820 people) with no money or those who answered the call. We have
rations left or had skipped the indicated the total number of those
previous meal. This is a sharp who have responded to each question
increase of 7 percentage points in parenthesis for easy reference.
from the second phase of
lockdown. • 67 percent (of 1,963) migrants are
still stuck in the same place since
The following results are based on the lockdown was announced,
Interactive Voice Response (IVR) only 33 percent have left.
calls (done in collaboration with
https://gramvaani.org/), where we • Figure 2 indicates the number of
called back some of the migrant workers who are stranded and
workers who had reached out to us those that have returned to their
during the lockdown period and who home states. Jharkhand has the
have been provided some assistance highest proportion of migrant
through SWAN. Here we assume that workers who have reached home
17
Home States of the Stranded Workers
144
Number of Workers
480
Where are the workers?
In transit or reached home
82
Stranded
20
94 7
71
7
45
18
30
20
12.4%
10
6.1%
19
How much money did you spend on travel?
62.3%
60
Percentage of responses (out of 520)
40
20
14.6% 13.8%
4.8% 4.4%
No money spent Less than Rs. 500 Rs. 500 − Rs. 1000 Rs. 1000 − Rs. 1500 More than Rs. 1500
20
Since the beginning of lockdown, how much have you taken as loan for rations, etc?
50 48.3%
Percentage of responses (out of 1559)
40
30
20
16.4%
15.1%
11.4%
10
8.8%
Have not taken any loan Less than Rs. 2000 Rs. 2000 − Rs. 5000 Rs. 5000 − Rs. 8000 More than Rs. 8000
21
Overcrowded trains with two to a berth
22
Following the Worker’s Jour-
ney Home • Bribes paid for travel
31
from where they were. However, just medical centre he was sent by bus to
before they arrived the counter issuing Old Delhi where he boarded a Shramik
tokens for Odisha was closed and the train to his village.
issue of tokens for West Bengal had
commenced. Thanks to the efforts of In Ludhiana, the following process
our volunteer, who spoke with one is followed: registration is followed
of the police personnel, they were at some point by receipt of an SMS
given a token. However by this time, intimating pick up points. At the pick
in the scorching sun, five bus loads up points workers received a medical
of people were already on the bus, slip, post which the workers are ferried
waiting to leave. This couple could in a bus to Guru Nanak Stadium where
not be accommodated in the trains medical check up is done. Maulana
leaving that day. As the buses left, Helal, one in a group of 36 who
Rahul informed us that his wife was had received an SMS confirmation,
4 months pregnant. Nothing could be collected the medical slip at the pick
done at that point and they had to stay up point, and was then taken to the
in the shelter overnight to catch the stadium. Soon they were transferred
train on the following day. He called to a garden nearby where they had
us later asking if they could be moved to wait the entire day. In the night
to another shelter as the bathrooms in they were shifted to nearby shelter
particular were not clean and his wife homes along with the many others in
was facing a lot of difficulty. Also, the garden. They were taken to the
it was very crowded, and the queue garden the following day too. On the
for food was very long. We found out third day, after much intervention,
that if we moved them elsewhere, a police officer arranged for their
they would have to go through the registration and told them they would
process of standing in the queue to leave on the fourth day morning. Apart
get a token, medical, etc. again and from the lengthy process, they did not
persuaded them to stay there. The have to pay for anything.
following day they were on the train
to Odisha. In Punjab a local contact has helped
arrange travel for two large groups
Ramesh Ram who had registered on May 24th for 48 and on May 25th
online to travel from Sarai Kale Khan for 23. The list with details of workers
in Delhi to Vaishali in Bihar was lucky is shared with the local contact
to receive a message asking him to who informs about their inclusion in
report for medical check-up in just the train. The workers are required
6 days. However, the centre where to reach the Guru Nanak Stadium
he had to go with his luggage was outside Ludhiana station 5 hours prior
around 10 kms away and he also to departure where a medical is done
had to reach there by 7 am. From the and ticket provided. They are then
32
taken to board the trains. But there Devi Lal Stadium at a particular time.
are no arrangements made for food Migrants have no way to find out
in the stadium while the process is any more details. If their home is
underway. in North Bihar, they cannot know in
advance that the train will only go to
Jugal Ram was part of a group of South Bihar. Moreover, the messages
seven that included five women and come with very short notice, often the
children. They wanted to travel from night before workers have to reach
Delhi to Sitamarhi in Bihar, and had assembly points. Many workers are
registered online on May 17th . They worried that if they leave to try to
were lucky to receive a message for catch a train and are sent back, their
travel on May 23rd from Anand Vihar landlords will not allow them in.
to Purnea. They were asked to report
at GBSSS, B-1, Vasant Kunj, New Delhi
for screening, but they were unable
to go as the place was very far from
where they stayed and there were
children and women in the group. As
a result, they had to miss the chance
and wait for another alternative. They
filled a form again in a nearby school
and reached Bihar after a 36 hour
journey on which they were not given On June 1st, a Haryana government
proper food. official stated that trains were not
filling up because migrants in Haryana
The Haryana government has been did not want to leave. That night, a
very secretive about releasing train train scheduled to leave for Bihar was
schedules. They only started sending filled to capacity. 900 workers were
messages about train schedules to unable to get on board. They were
workers who have registered on their forced to spend the night in the open
portal in the last week of May. In in a stadium in Gurgaon. Women,
some other states, workers receiving elderly and small children sat the
SMSs are assigned a particular place whole day inside the stadium from 7
and time to report. But the Haryana am. In addition, nearly 500 workers
government does not disclose exact from Rewari district had reached the
train timing, routes, halts and stations stadium in 15 buses but were not
even to those migrants that receive allowed to disembark. They were kept
official messages about travel. cooped up in buses, and forced to sit
Instead, the messages are generic, in the scorching heat for hours and
stating simply that those who wish eventually sent to a shelter home.
to go to Bihar need to reach Tau Those in the stadium had packed up
33
People sleeping under floodlights outside Tau Devi Lal Stadium
all their belongings, left their rooms had just come back from the stadium
behind, and had nowhere else to and that it would take him 2 hours to
go. They had nothing to do but wait. get there. He would miss the buses.
In a mad scramble, 11 buses were Later the same day, at 1.30 pm, he
organised by civil society (out of a got one more call asking him to report
total of 19 buses) and the exhausted at Tau Devi Lal Stadium as the next
crowd left for Bihar 36 hours later. round of buses were due to start
leaving within the next 30 mins. He
Prince Jha got the call. He was declined. Now Prince has borrowed
asked to report to the assembly some money and got a tatkal ticket
point before 8 am. He set out, and to his hometown, Madhubani in Bihar.
reached an hour and a half early,
just in time to hear from the police Kunjram moved to Gurgaon for
that there was no train today. He work along with his wife, child and
was thrashed. Prince headed back to grandfather. When the lockdown
his room, disheartened. He reached came, they wanted to return to
there at 9 am. Within half an hour, Chhattisgarh. By that time, one of the
he got a call asking why he had not women in their group was pregnant.
shown up at the stadium. Buses were They called up the Chhattisgarh
leaving within the next 30 minutes. He helpline, gave all of their details, and
explained the situation, said that he were told that they could board a train
34
leaving from Delhi to Chhattisgarh. travel and had to pay Rs 2,500 for
They contacted a SWAN volunteer for about a distance of 18 kms. When
help working out when the train was they reached the school, they were
leaving. The timetable they had been told by the officials that the schedule
given only mentioned when the train of the train is not known. Meals were
was expected to reach Chhattisgarh; provided at 12 pm and 5 pm. They
the schedule had no departure time. boarded the train on May 30th and
We calculated that the train was reached West Bengal on June 1st.
due to leave the following day. But,
as we tried to process their e-pass, Karnataka Government’s Decision to
we worked out that the Chhattisgarh Cancel Trains Causes Chaos.
helpline had only registered the On April 29th, the Ministry of Home
husband and wife. The child and Affairs released an order allowing
grandfather were not registered. We inter-state travel. It seemed that
reached out to the Chhattisgarh Nodal migrants stranded across the
Officer in Delhi. That night, we heard country could go back to their home
that there was no train even from states. However, in a letter dated
Delhi to Chhattisgarh the next day. May 5th, the Karnataka government
We tried providing some monetary cancelled all trains for migrants.
support to the family to support The letter was sent after a meeting
them while they waited. Meanwhile, between the Chief Minister and
we contacted the Gurgaon district the Confederation of Real Estate
administration. They processed the Developers Associations of India
application within 2 days. Kunjram’s (CREDAI). This distressing decision
group boarded buses to Chhattisgarh was taken solely to appease the
from Gurgaon, joining around 200 lobby of builders and contractors
other passengers on a total of nine who claimed that the return of
buses.Their bus was stopped at workers to their home states would
Raipur for a few hours. But, when adversely impact the construction
people protested, the buses were sector. Neither migrant workers nor
sent on their way. trade unions representing them were
consulted. Since the lockdown was
Chhaiful stranded in Sonipat, Haryana, announced on March 24th, builders
was looking to return home to West and contractors have completely
Bengal. The group of 24 included abandoned workers, providing no
10 women and six children. They support by way of food or rations,
received a call on May 27th asking and withholding wages. Many
them to report at a school in the workers who contacted us also said
Biswamil area, in 30 minutes as there that they were facing threats of
was a train departing for West Bengal. eviction. Thanks to pressure from
They had to arrange for their own civil society groups and workers, the
35
Arun Yadav on a Shramik Train from New Delhi to Katihar, Bihar
36
Karnataka government was quick No Trains from Smaller
to withdraw the order. The train Towns and Between Certain
services resumed. But the sudden Locations
decision to cancel the trains left
the workers anxious and with even Pradip Choudhary and his brother,
more uncertainty about how they both migrants from Jalpaiguri, West
could return home. Bengal, were stuck in a factory due to
the lockdown in Delhi. They also lived
Poor Facilities on Trains in the same factory as they could
Especially Access to Food and not afford rent. When they contacted
Water SWAN, they only wanted support to
send them back to their native place.
Shreeram Paswan travelled via When asked if they had registered
Shramik train from Delhi via Bhagalpur on the portal, they said no. They told
to Banka, along with three others. us that they went to the local police
Food was provided at irregular station to get registered, but no one
intervals on the first day, but on other listened to them. We tried to register
days no food was provided at all. them on the Delhi government’s
portal for stranded migrants. But
Amankumar was travelling from the Delhi portal for interstate travel
Chennai in Tamil Nadu to Bihar by does not allow selecting districts for
train on May 24th. He arrived in Bihar the state of West Bengal. When we
on May 26th but he had received tried to mobilise support for them, a
no food or water on the train for 2 potential contact who was working
days. He also said that there were with the government to send the
two people per berth. West Bengal natives back to home,
shared their details with concerned
Arun Yadav travelled via Shramik authorities. The workers received
train from Delhi to Katihar in Bihar. a call at 1 pm to reach Ambedkar
With long halts, diversions and Stadium for screening in an hour. But
unplanned detours, the entire when they reached there, they did not
journey took 40 hours. Food was find anyone. Moreover, the number
provided at one station in Uttar they had called was switched off. It
Pradesh, however this barely fed took us around 45 mins to coordinate
half the passengers. Arun, who with the concerned authority only to
missed the chance to grab a food learn that the screening for the train
packet, did not eat anything for was completed. They said that they
nearly 2 days, surviving only on would be trying to figure out a way
water. When he reached Madhubani to send the workers back from the
station he bought himself cucumber same train but that did not happen.
and some snacks. The frequency of trains for some
37
states such as Madhya Pradesh or Ajit Kumar and three others are
Chhattisgarh is relatively low. Either stranded in Papum Parae in Arunachal
no information is available about Pradesh and want to travel back
the trains plying for these states, to Vishali in Bihar. Though online
or the workers are informed at the accessibility was hard they have
last moment. Suraj and his wife registered online as well. Registration
Madhu, who is 4 months pregnant, was happening at the DC’s office
were stranded in Delhi waiting for but it was a considerable distance
information on the train to Madhya away. While there are Shramik trains
Pradesh. They said that they had plying from Guwahati in Assam, this
registered on the state portal around was too far from Papum Parae and
15 days back. We registered them the commute to Guwahati was very
again on the portal again on May expensive as well.
28th. They have not received any
calls for screenings yet. Since Madhu Dynamic Pricing of IRCTC
is pregnant, her doctor has strictly Tickets Coupled with Non-
advised her against travelling in a Availability of Shramik Trains
bus/car/vehicle.
Chatrapal and a group of 50 workers
A worker, too panic stricken to give in Mangaluru, Karnataka, wishing
his name, called a SWAN volunteer to travel to Madhya Pradesh had
from Bellary in Karnataka saying reached out to SWAN. However, there
that he had received a call from were very few trains from Mangaluru,
the control room in Bengaluru. He and none to Madhya Pradesh. Since
and his group of 30 were asked to workers earlier who had reached out
report to Bengaluru as they had a to SWAN had walked back to Madhya
seat in a train leaving for Madhya Pradesh, SWAN explored the option of
Pradesh the next day. They had bringing this group to Bengaluru and
registered on the government booking them on the Special trains
portal on May 3rd and with the local to Bhopal as no Shramik trains were
police station on May 5th. They had plying to the state. The volunteers
received the call at 9.30 pm on May contacted the district administration in
12th regarding the train travel and Mangaluru to help with bus transport
they were supposed to make it to from Bengaluru but the administration
Bengaluru on May 13th by 8 am. wanted to see the booked IRCTC
However, the distance between tickets first. SWAN volunteers booked
Bellary and Bengaluru was 300 the tickets, but while booking it was
kms and there was no transport evident that dynamic pricing was
available. Since they had no way being applied. As the number of
of getting to Bengaluru they missed tickets booked increased, the price
their turn on the train. per ticket jumped from Rs 2,600 to
38
Rs 2,900 even though there were still wanted to travel from Bengaluru in
more than 100 seats available on the Karnataka to Andhra Pradesh. He did
date of the journey. The ticket details not know anything about the online
were shared with the Mangaluru portal or about registering. They had
administration and the workers were approached the Whitefield police
able to leave for Madhya Pradesh on station to ask about travel but were
June 2nd. shooed away before they could even
talk. They say that they were not
Sethuram from Mumbai purchased allowed to enter the station at all.
train tickets for his family to return to
Rajasthan. The train would however Mukesh Kumar Yadav was stranded
only take them to Jodhpur and they in Noida in Uttar Pradesh with his wife
had no other means of reaching their and 7 month old baby. He wanted to
village 500 kms away and no money get back to his native in Aurangabad,
either. Bihar. Out of frustration and unsure
of the work situation, Mukesh along
Bribes Paid for Travel with his wife and child started walking
Lal Chavan from Laxminagar, Tiruppur with another group of 15 towards
said that police were collecting Rs. their home. They received information
1,500 to give out tokens for Shramik that there was a train from Daunkar,
trains. The police were giving out a a station in Uttar Pradesh to West
certain number of tokens for free, Bengal that went via Gaya, Bihar.
and after that number, would start They had originally planned to get
charging higher amounts. down at Gaya, and go to Aurangabad
from there. The train was a Shramik
Jalauddin from Jharkhand was train and they had to buy a ticket.
stranded in Bengaluru, Karnataka Throughout the journey they were
with a group of six others. When they not given any food and water. When
approached the police to get tokens they tried to disembark at Gaya the
to board the Shramik train, they were police started hitting them with lathis.
asked to pay Rs 500 to be let through They were forced to board the train
the gate. Then, they were asked to and proceed to Asansol, West Bengal,
board a government transport bus where they arrived on the night of
which would take them to the railway May 17th. SWAN informed a volunteer
station. They had to pay a total of Rs from a local NGO who with the help
1,020, that included the train fare and of a railway official contacted the
the bus fare. Station Master in Asansol and made
the group de-board the train. They
Unhelpful Police also made arrangements for food and
Bunga Srinu was part of a group of water. Arrangements were made to
eight that included three women who send Mukesh and his family to Gaya
39
by train the next morning i.e. on May Madhya Pradesh. They had registered
18th. Finally at around 12 pm on May and waited for their turn but in despair
18th he reached Aurangabad safely. decided to walk. On May 13th they
called the helpline number of a police
Shreeram Paswan stranded in station at Kogali but were humiliated.
Sagarpur, Delhi went to the police They also did not have any money for
station to register for travel back to buying food. Soon, they were picked
Kathiar in Bihar but he was sent away up by the police and taken to a shelter
by the police. near Pump Room. They stayed there
overnight, and were provided with a
Walking Home: In Despair meal. Then they left in the morning to
and Tired of Waiting for walk to the bus stand and wait for the
Options to Travel bus to take them to the station—to
continue to wait for their turn to leave
Raju from Sarhaul Haryana put his by train.
wife and children on a bus on May
16th evening. He then decided to Sanjeev Kumar along with six others
start walking along the highway, and travelled from Sonipat, Haryana,
after walking 7 days he reached his to Muzzafarpur in Bihar. They had
home in Salhanpur, Madhya Pradesh. registered for travel on May 4th. Tired
On the way he would get biscuits and of waiting they started walking on
water and continue walking along with May 14th and going via Ghaziabad,
15-20 other workers some walking Kanpur, Lucknow and Gorakhpur
and some on cycles. He was able to reached Muzzafarpur by 3 pm on May
go home, but his wife and children 17th. Part of the journey was covered
were quarantined in the school. on foot, and part by truck for which
they paid Rs 500. They ate whatever
Jagdeesh in a group of 62 started they were offered en route by NGOs
walking from Odisha to the home who had set up points where food
state of Jharkhand. They were helped was being served.
by a MLA who provided food and
made arrangements for a bus to drop Road Travel: Risks in Hitch-
them at the Jharkhand border where hiking and High Cost of
when last contacted they were waiting Private Transport
for arrangements to be made by the
state to take them home. They were Amaan Alam travelled from Sonipat,
being provided meals thrice a day. Haryana to Araria, Bihar by truck. The
truck driver charged them Rs 2,500
On May 13th Pushpendra and per person. They were 20 in total, and
Rajendra with a few others decided to it took them 48 hours, and multiple
walk from Mangaluru in Karnataka to screenings on the way to their village.
40
People traveling atop buses and trucks to reach home.
saw the police stopping trucks and Haryana, on May 14th at 9.30 pm and
asking drivers to give a lift to migrant started walking along the highway
workers who were walking on foot. with 40 others from their village
Juber’s truck dropped them till Ranchi in Madhubani, Bihar. The brothers
from where they hitchhiked taking a boarded a truck at Palwal paying Rs
milk van, bikes, and other vehicles to 2,500 per head to the truck driver
reach Hazaribagh. They were placed and via Agra, Lucknow, Gorakhpur,
in a quarantine centre in Hazaribagh and Gopalgunj reached their village in
where a medical test was done. Madhubani on May 16th. Fortunately
They were living 14 to a room, and for them food was being provided
the centre was not providing them free along the route. At the village
with food, which was being brought they were quarantined in the school
to them by their families. Juber had where his family sent him food and
heard that other districts, quarantine provided bedding as there were no
centres were providing not only facilities even masks and sanitisers at
food but also some money to the the quarantine centre.
quarantined people at Rs 250 a day
but this is not clear. Ashok Kumar left Khandsa in
Haryana on May 22nd at 10.30 pm. He
Ranjeet and Sanjeev Ram, two walked from Khandsa to Palwal, took
brothers left Khandsa in Gurgaon, a truck from Palwal to Darbanki from
49
where he took a minibus to Lucknow can be cleared to go home.
via Agra. From Lucknow he took a
bus to Gorakhpur and a bus again to Many workers had to walk from
Khusinagar. The cost of the journey different parts of Gurgaon, Haryana,
by truck was Rs 3,500 and he ate food to Palwal (about 75 kms), along the
only twice during the entire journey. highway. They barely had food while
He was sent to a quarantine facility at they walked, eating only once or twice
the Primary Vidyalaya, Chauri Chora throughout their journey. Most of them
where no facilities were provided. managed to board a truck or tempo
The Pradhan of the village said that from Palwal.
‘Hamari zimmedari nahi hai.’ (‘It is
not our responsibility’). His family is Niranjan Kumar left from Gurgaon,
sending food. Haryana, on May 14th. He walked
till Palwal in Haryana where a police
Arun Yadav after a long and arduous officer helped him board a truck
journey from Delhi to Bihar with no to Bihar that had around 40 to 50
food, was quite unwell on arrival. people. Along the route he did not
He has been in a quarantine centre have to pay for food as free food was
for 11 days now. After a week in being provided (by a local MLA). He
one quarantine centre in his home reached Jehanabad in Bihar on May
panchayat, he was shifted to a 20th and asked the pradhan to make
centre in another panchayat, further arrangements for quarantine in a
away. Arun told the SWAN volunteer school, which however was not done.
that he has received a kit from the
Bihar government which consisted
of a mosquito net, a gamcha or
towel, mug, bucket, a glass, plate,
toothpaste and two soaps. He has
consistently been calling SWAN to say
that food is delayed every morning
and only arrives when people start
agitating. On a positive note, officials
from the block and panchayat visited
the quarantine centre to register his
demand for work under the Mahatma
Gandhi National Rural Employment
Guarantee Act (MGNREGA). He will
start working once he is released
from the quarantine centre. On the
eleventh day he was taken for testing
and is now awaiting results before he
50
Cost Incurred for Private Travel
Mode of transport From To Rate (Rs.
Per person)
Truck Sonipat, Haryana Araria, Bihar 2,500
Bus Ghaziabad, Uttar Pradesh Godda, Jharkhand 5,000
Truck Hisar, Haryana Nawada, Bihar 1,800
Truck Kankrola, Haryana Muzzaffarpur, Bihar 4,400
Truck Delhi Bhagalpur, Bihar 2,000
Truck Kanpur, Uttar Pradesh Mungeli,Chhattisgarh 1,000
Truck Lucknow, Uttar Pradesh Chhattisgarh 500
Private vehicle Damoh,Madhya 1,100
Rajnandgaon,
Pradesh
Chhattisgarh
Truck Chityala, Telangana Jharkhand. 900
Truck Chityala, Telangana Odisha 1,500
Truck Bhiwandi,Maharashtra Giridih, Jharkhand 2,800
Truck Thane, Maharashtra Murshidabad West 4,200
Bengal.
Truck Bhiwandi, Maharashtra Muzaffarpur, Bihar 4,000
Bus Surat, Gujarat Bihar border 3,500
Private vehicle Noida, Uttar Pradesh Aurangabad, Bihar 2,500
Private car Gurgaon, Haryana Madhubani, Bihar 5,000
Bus Gurgaon, Haryana Samastipur,Bihar 1,700
Truck Bhiwandi,Maharashtra Muzaffarpur, Bihar 3,500
Truck Ulhasnagar, Maharashtra Hazaribagh, Jharkhand 4,000
Truck Palwal, Haryana Madhubani, Bihar 2,500
Truck and Bus Palwal, Haryana Khusinagar, Bihar 3,500
Bus Bengaluru, Karnataka Odisha and Jharkhand 6,000
Mini Bus Chennai, Tamil Nadu West Bengal 9,500
Bus Bengaluru, Karnataka Odisha 5,000
Bus Yadgir, Karnataka Madhya Pradesh 6,000
Pick-up truck Ranga Reddy Telangana Bihar 5,000
A family waiting outside Tau Devi Lal stadium for transport to go home
51
The travel travails of workers further
underscore the trauma that they
have been subjected to by the state
machinery. Extreme precarity begets
multiplicity of expressions. While
some workers have responded with
resistance and anger, some others
have expressed resignation. Given
the array of shocks and risks that
the working poor, and women in
particular, are exposed to, the need
for a comprehensive evaluation
and implementation of social
protection measures made by the
erstwhile National Commission for
the Enterprises in the Unorganised
Sector (NCEUS) is critical. The
International Covenant on Economic,
Social and Cultural Rights (ICESCR),
1966, is an international human rights
treaty in which India is a signatory.
Anchoring on human dignity,
ICESCR lays out the need for certain
fundamental rights and freedoms for
everybody. It is, therefore, high time
that we reconfigure our society and
strengthen our laws based on these
principles instead of the proposed
dilution of labour laws.
52
अव्यवस्था ने बनाया अजनबी
Previous SWAN Reports
By - Snehal Sinha, Ruchi Shewade
21 Days and Counting - SWAN Published on - May 14th, 2020
Report (1) published April 15th 2020 Published by - Outlook Hindi
53
Deserted, demeaned and distre
ssed: The lot of migrant workers in
the Delhi-Haryana region
By - Navmee Goregaonkar
Published on - May 29th, 2020
Published by - The Wire
Homeward bound
By - Padma Bareddy
Published by - IDR
54
SWAN Team
Zonal Teams
Andhra Pradesh, Telengana, Komal Kisan Wakulkar
Karnata, Kerala, Tamil Nadu Rachel Varghese
Nithya R Rahul Kumar
[email protected] Simran Moraes
Abitha Chakrapani Snehal Shah
Amruta Vurakaranam Sukhdeep Singh
Ashwini KG Utkarsh Kumar
Divya Uma
Divyashri C Maharashtra, Gujarat and Goa
Gitanjali Bhakti G
Himadriben Soni ([email protected])
Jayeeta Basu Aarti
Karan Singh Kathiar Adwait Deshpande
Saroja Ellendula Ali Parekh
Shantanu Maheshwari Anul Jain
Suma H Anusha Rajan
Tarangini Sriraman Anushka Kale
Vandana Srivastava Aparna
Yogesh Gandhi Dinesh Kumar
Hetal Gori
Chhattisgarh, West Bengal, Ilisha Dant
Madhya Pradesh, Rajasthan, Isha Barthwal
Bihar, Odisha, Assam, Nagaland, Kalpita Wadher
Jharkhand Kiti Gupta
Siddharth K J ( Nitish Kumar
[email protected]) Pranay Kumar
Padma Bareddy Ritika Sah
Preeti Singh Riya Sawant
Sucharita Kundu Romica Vasudev
Shivanand B Sahith
Sakina Dhorajiwala
Delhi and Haryana Sandili Maurya
Navmee Goregaonkar Snehal Sinha
([email protected]) Saurav Kumar
Akhila Pauly Simone Chhabda
Amardeep Shitole Sanskruti Satam
Ashish Sood Shweta Sundar
Dharamjeet Kumar Vaneesha
Jiniya Chatterjee
55
Punjab, Uttar Pradesh, Himachal
Pradesh, Jammu and Kashmir
Zil Gala ([email protected])
Anish Mishra Data on Helplines and
Anjali Aggarwal Organisations
Anyatam Shukla Shramanth Rajarathnam
Arushee ([email protected])
Arushi Aggarwal Aditi Kamdar
Deepti Komalam Harshal Boinwar
Gautam Mishra Hema Koushik
Heena Savla Mani Chandana
Jahnvi Purava Joshi
Khanjan Ravani Stuti Nabazza
Maithili Patil Supratheesh T
Nandini Gupta Vaishnavi Chidambaranathan
Niyati Gala
Priya Khare Database Management and First
Raghuram Contact
Rohit Kundu Abhishek Dey (abhishekdey185@
Ronak Savla gmail.com)
Ruby RP Advait Moharir
Saachi Koppikar Milind Nutan
Samiksha Rohilla Prathmesh
Sanyukta Singh Ruchi S
Shaunak Ghaisas Sahana Subramanian
Shifa Zoya Shevade Ruchi
Shrikanth Iyer Sunayna Mahtani
Shubham Sharma
Sindhu Sivakami Helpline Tech Team
Sushmita MV Sahana S
Swati Anwesha Saroja Ellendula
Swati Jetli Shivananda
Simran Moraes
All Other Teams Anish
57
Annexures: These are a sample of three letters written by SWAN to govern-
ment officials. SWAN members have written several other letters to various MPs
and MLAs that are not presented here. Letter 1 is addressed to the Secretary, MHA.
Letter 2 is written by Mr. Jignesh Mevani, MLA, Vadgam, Gujarat to the Chief
Minister of Gujarat on behalf of SWAN. Letter 3 is addressed to the CM of Ma-
harashtra written by SWAN volunteers.
To
May 11th, 2020
Shri Ajay Bhalla
Secretary,
Ministry of Home Affairs
Government of India
Dear Sir,
• Based on our experiences, we wish to share that the SOP issued in its
58
current form is incomplete. We want to share some key insights and offer
a set of measures to fill the gaps in the current SOP.
• Support a common data portal for migrants to register their travel request.
It will also take data from existing state specific mobile apps. The portal
in turn interfaces with all stakeholders involved in planning and support
in their journey including medical staff, police, district authorities of
both states and the railways.
Since the April 29th order issued by MHA that permitted inter-state travel
for stranded migrants we have been closely tracking orders and official
announcements on migrant related travel and have been assisting migrants
navigate this information and procedures. We present some important
observations regarding this.
Logistics – Reaching the Station, Arrangements for the Journey and Final
Destinations
• From the registration process, the total number of those stranded and
their destinations can be collated. This will inform the governments
of the minimum number of trains/buses required, as well as the routes
that need to be arranged. Lists of migrants cleared for travel should be
provided to home states on a daily basis to make adequate preparations
61
for arrival.
• Special feeder buses and intra-state feeder trains need to be used to
transportpeople from each ward to the station. Since the number of
passengers in each train and the time of arrival is well known in advance,
the home state should organise adequate numbers of buses/trains
keeping physical distancing norms in mind for transportation within the
home states.
• There should be three-stage check-ups for all those travelling: (1) Before
the journey (2) during the journey (3) after the journey, at the destination.
Multiple medical teams must be in each train throughout the journey. At
each transit/exit point, there should be strict testing. Quarantine facilities
must be available at each transit point so that anybody exhibiting
COVID-19 symptoms can be quarantined immediately. Every transport
facility must be sanitised.
• Each train should run with the maximum number of coaches as possible.
Hot, cooked food should be provided for all passengers on board free of
cost. Having multiple pantry cars can help ensure physical distancing in
the kitchen as well.
• Once trains reach the border of a home state, they should stop at several
reasonably big stations inside the state, and not just the state capital.
• States should draw up their own SOPs for all procedures upon
arrivalincluding thermo testing, quaranting, providing rations etc.
We now outline some basic features that a single web-based platform must
minimally have. Our team of technologists would be happy to work with the
MHA in designing and developing such a web-based platform.
Minimum Features for a Single All India Portal for Migrant Travel Registration
We hope that the MHA considers these minimal set of measures outlined
above regarding the travel for those workers who wish to return. We are also
happy to participate in any consultative role that is appropriate and suitable
for the MHA in this regard.
Sincerely,
On behalf of covid-india.in
Aditya Srivastava (9810389569) ([email protected])
On behalf of GramVaani
Aaditeshwar Seth ([email protected])
64
Endnotes
1. Based on a desk review of orders and announcements and clarifications
from nodal officers (where we were able to get through) we have compiled
information on https://migrants.covid-india.in/, available in 8 languages.
We are a group of activists, researchers, lawyers and students who came
together to collectively track the rapidly evolving situation after the
nation-wide lockdown was announced in light of COVID-19 outbreak.
2. Gram Vaani operates several voice-based media platforms that facilitate
information sharing among users, and also facilitates grievance redressal
and response via a network of community volunteers. During the period
of the lockdown, over 100K users have accessed information through
500K phone calls, contributed over 6000 voice reports about ground
realities, and over 500 testimonials have been reported about access to
relief measures facilitated by community volunteers.
3. The Covid Action Support Team (CoAST) was formed in April 2020. It is
a collaboration of civil society organizations who are working together to
ensure that citizens (especially migrant and vulnerable sections) are able
to receive help and relief during the COVID-19 lockdown and thereafter.
The platform connects those in distress with nearest relief - either
government or civil society organisations.
65
Letter 2: Written by Mr. Jignesh Mevani, MLA Vadgam, Gujarat to the
CM of Gujarat on behalf of SWAN
To,
20 May 2020
Shri. Vijay Rupani,
Chief Minister,
Gujarat State
Respected sir,
I would urge you to take immediate action to send these workers back home
and take care of their food and medical needs until they are in our state. We
have a responsibility to take care of them & facilitate their travel during this
very difficult lockdown.
The Police Department should put in the public domain the process
of registration, date & timings of the transport available. Furthermore,
there should be a wide dissemination of the selection process for return
journeys. They must also make available the details of the workers who have
registered to go back.
On registration, each worker should get a dated acknowledgement receipt,
which will serve as a guarantee that the Government of Gujarat will ensure
67
their safe return.
The workers have been very reluctant and scared to share their stories with
us. I request you to ensure that these cases are dealt with utmost empathy
and sensitivity. Kindly ensure that the workers of Hazira, Mora, Ahmedabad
& Vadodara do not have to endure any more physical and mental abuse. Let
us take prompt action and treat them with respect and dignity.
Yours sincerely,
Jignesh Mevani,
MLA, Vadgam -11
68
Letter 3: Letter to the Chief Minister of Maharashtra
Dear Sir,
69
2. Workers are eagerly waiting for affordable transport arrangements:
On Labour Day, the Ministry of Home Affairs announced the arrangement
of Shramik Express to transport the workers to their respective states.
The news came as relief to all the workers and they followed the protocol
set by the Maharashtra government. The necessity of a medical certificate
punched a big hole in the worker’s pockets. Yet, most workers paid for
medical tests before the announcement to waive off the certificate was
made. Thousands of workers are now out of money and are waiting
helplessly for updates from the police
stations. The government must ensure that the workers who wish to return
should be sent home in a dignified manner, free of cost.
There is also confusion regarding the availability and reach of MSRTC
busses. The GR dated 9.5.20 (Sr.No 202005121419281519) generously offers
transportation to all workers to their home-states, and states that a sum of
Rs. 21 Cr. was allocated for this purpose. Yet there have been no operational
busses from most areas including Mumbai, and those that have gone, only
dropped the workers at the border. The same circular also states that this
service will operate until 17th May only. This may be too short a period.
Given the number of migrants in Maharashtra we estimate that evacuations
will last much longer. The trickle of workers walking to their home states
is now turning into an avalanche that will bring catastrophic hardships on
them as well as on the law keepers and citizens that they pass along the way
home.
3. Incomplete and delayed communication leading to panic:
Differing information on offline and online procedures and processes for
travel are causing confusion and panic amongst the workers. The schedules
of the trains and buses are not public, leading to crowding and protests by
workers.
b. The Centre has announced that migrant workers can access rations
through PDS shops without possessing a local ration card. The procedure
for this should be disclosed and widely publicized, and corresponding
measures should be taken to equip PDS shops with adequate rations.
c. Extend the facility of free transport by MSRTC busses for at least two
months to ensure complete evacuation.
There should also be announcements on loud speakers like the police have
already been doing about other health safety measures.
e. The police stations and other nodal offices must be updated everyday with
correct information. Communication between the arms of the government
can be improved so that any contradictory information is rapidly corrected.
A board must be placed in the premises of these offices displaying the latest
government orders and transport schedules in Marathi as well as Hindi.
h. We urge the government to communicate to all its officers the need for
a sensitive approach towards the workers. Government agencies should
prioritise proactive and empathetic communication with the workers.
Dear Sir, we hope that the Chief Minister’s Office takes note of these
suggestions and actively incorporates them in Maharashtra’s response to the
COVID crisis. We are happy to participate in any consultative role that is
appropriate and suitable for the Government of Maharashtra in this regard.
Sincerely,
72
73
74
75
End Notes
5 https://www.huffingtonpost.
1 https://www.imf.org/en/ in/entry/food-hunger-migrant-
Publications/FM/Issues/2020/04/17/ workers-piyush-goyal_
Fiscal-Monitor-April-2020- in_5ebe1a33c5b6ee0b69e85602
Chapter-1-Policies-to-Support-
People-During-the-COVID-19- 6 https://cse.azimpremjiuniversity.
Pandemic-49278 edu.in/covid19-analysis-of-impact-
and-relief-measures/
2 (Writ petition (civil) Diary no
10801/2020) by Harsh Mander 7 https://www.dvara.com/research/
and Anjali Bharadwaj vs Union of social-protection-initiative/covid-19-
India. The petition sought wage impact-on-daily-life/
compensation for migrant workers
in addition to food. Referring to the 8 https://thewire.in/law/supreme-
arbitrary order of the lockdown of court-migrant-workers-crisis-
24th March, the petition argued that abdicate-responsibility
it resulted in large scale loss of wages
and livelihoods and was a violation of 9 Read full order here: http
Article 21 of the Indian Constitution- zs://images.assettype.com/
-the right to life. In accordance with barandbench/2020-05/be0bccba-
various progressive legislations such e155-4ff3-8dfa-5dc4003a8662/
as the National Disaster Management WPIL_A__583_2020_order_dated_
Act (2005), the Inter State Migrant May_26.pdf
Worker Act (1979) among others, the
petitioners further argued that ‘If in 10 Read the full order here:
violation of the necessary statutes, the https://images.assettype.com/
governments have not maintained barandbench/2020-05/c140ce5f-
records of such workers, it would 05ae-4de1-86a2-589d621a97f5/
be necessary to immediately put in Karnataka_order___Migrants_
place a mechanism for workers to Transportation_May_21.pdf
self-identify and self-attest based on
which the government can release 11 https://www.deccanherald.com/
wages.’ national/scathing-letter-by-senior-
advocates-stir-up-sc-to-take-up-
3 https://thewire.in/government/ migrants-crisis-842599.html
stranded-migrant-workers-rti
12 https://www.hindustantimes.
4 https://www.alnap.org/system/ com/india-news/railway-
files/content/resource/files/main/ protection-force-reports-80-
GNEM%20presser_26April.pdf deaths-on-shramik-trains/story-
psJl3EenY4B0uUYMRvkChL.html
76
77
A Report by the Stranded Workers Action Network (SWAN)
78