Amid lockdown, Bombay HC asks govt to provide food, shelter to migrants

“This is apart from unfathomable hardships the workers are going through owing to the stoppage of their income derived as wages of every day’s hard labour,” the bench noted.

Justice Shukre added, “In the circumstances what looks to be sensible is to provide clothing, medicine, and health care and throwing generally an umbrella of protection around these workers.”

Observing this, the Court directed the state government to make necessary arrangements for the working-class including migrant workers in need of help and assistance.

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Justice Shukre noted that the court is conscious of the fact that funds are required to make these arrangements and suggested that one of the ways to mobilise funds could be through powers conferred upon state government under the Maharashtra Public Trust Act, 1950 and Waqf Act, 1995.

“All charitable institutions registered under the Public Trusts Act or the Waqf Act could be called upon to discharge their responsibility to utilise money for public and charitable purposes in a certain percentage to be determined by the state government,” the court said.

Advocate Anup J Gilda representing the petitioner raised concerns over the danger of the spread of the disease owing to large scale movement of workers and their families back to their homes.

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The HC further said that under the provisions in relevant laws, directions can be issued to all registered charitable institutions to contribute some of their funds to assist the government for fulfilling the requirements of the migrant workers. The bench requested the Maharashtra Government to examine a possibility of contribution by public trusts and Waqf and take a decision in accordance to the relevant laws.

Last week, noting that the state government has issued directions to private hospitals to prepare isolation wards, Justice Shukre directed authorities running private medical colleges and hospitals across Maharashtra to provide safety gears, including personal protective equipment (PPE) or Hazmat suits, in adequate numbers to all doctors and healthcare workers within a week and stated that it was the ‘need of the hour’ to deal with the novel coronavirus outbreak.

The court posted further hearing on April 8.