Lawstreet Journal

High Courts Well Within Their Jurisdiction to Take Cognizance of The Violation of The Fundamental Rights Of Migrant Laborers: SC

Lawstreet Journal 11 Jun 2020 2:23am

Image courtesy: Lawstreet Journal Judiciary High Courts Well Within Their Jurisdiction to Take Cognizance of The Violation of The Fundamental Rights Of Migrant Laborers: SC

A Full Bench of Justices Ashok Bhushan, S. K. Kaul and M. R. Shah of the Supreme Court while passing an order in the suomotu case on June 09, 2020, made it clear that High Courts are well within their jurisdiction to take cognizance of the violation of the fundamental rights of migrant laborers. The Supreme Court also clarified that the proceedings in the High Courts will continue. 

The Court at para number 25 of the order observed that,

“It has also been brought before us that various High Courts have also taken notice of cases of migrant laborers. High Courts being constitutional Courts are well within their jurisdiction to take cognizance of violation of fundamental rights of migrant workers and we have no doubt that those proceedings shall proceed after considering all aspects including the response of concerned authorities.”

During the hearing on May 2, 2020, the Solicitor General of India, Tushar Mehta, had taken objection to High Courts intervening in the migrants’ issue by saying that some High Courts were running a parallel government. 

Many High Courts have adopted a prominent and pro-active approach to deal with various issues faced by migrant workers due to lockdown. It was the Gujarat HC, which had taken suomotu cognizance of the migrant crisis as early as in March and observed that migrants were the worst affected due to lockdown. It has passed a series of directions to ensure that their basic needs like food and shelter are met. The Court had also directed the railways… Continue Reading...


Tagged: Migrant Workers Crisis  
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