National Campaign Committee for Eradication of Bonded Labour India News Communications Ltd. v. Govt. of NCT of Delhi

1. The matter has been heard through Video Conferencing.

2. The present public interest petition has been filed by the petitioner, an NGO stating inter alia that it is dedicated to eradication of bonded labour and is working to rescue bonded labour across the country and rehabilitate them. The grievance raised in the present petition is twofold. The first relates to non-establishment of food kitchens in slum areas where families of migrant/daily wage labourers are residing and for distribution of dry ration to all migrants/daily wage labourers without insisting on production of ration card or any other document. The second relief prayed for is for distribution of dry ration to the Rohingya Refugees at various settlements in Delhi, including Khajuri Khas, Madanpur Khadar and Sharam Vihar. 2020:DHC:1809-DB

3. On a perusal of the writ petition, we find that in para 18, the petitioner has made a specific averment to the effect that several representations were made by it to the respondent/Govt. of NCT of Delhi drawing their attention to the condition of the Rohingya families and for extending relief to them that have remained unreplied. Reference in this regard has been made to a representation dated 16.4.2020 enclosed as Annexure P-6. However, on perusing the said document, it transpires that the same has not been addressed by the petitioner to the Government authorities, but by a third party.

4. When confronted with this, learned counsel for the petitioner seeks to confine the relief in this petition only to the migrant workers and daily wage labourers and their plight. Accordingly, the relief in the present petition is confined to supply of cooked food through kitchens and dry ration to migrants and daily wage labour at camps in Delhi, specifically mentioned in Annexure P-3 which are as follows:

5. Mr. Sanjay Jain, learned ASG, appears for Govt. of NCT of Delhi and states, on instructions, that necessary steps for supplying cooked food and dry ration have already been taken by the Govt. of NCT of Delhi inasmuch as 400 food kitchens have been set up in schools and Community centres across Delhi wherefrom cooked food is being provided to the needy. As on 20.4.2020, about 3.54 crore units of cooked meals have been provided to the needy, including migrants and daily wage labour. He further submits that mobile vans have also been arranged to deliver food at various camps and locations, depending on the requirements, on a day-to-day basis. Besides the above, 1846 Hunger Relief centres have been set up by the GNCTD at various locations in Delhi and over 400 Hunger Relief centres have been set up by the Government in collaboration with various NGOs.

6. Regarding the supply of dry ration to migrants and daily wage labourers, learned ASG submits that GNCTD has decided that over one crore people who have been adversely hit by the extended lockdown, will be given free ration and only yesterday, it has been decided to issue 2000 food coupons to each Member of Legislative Assembly (MLA) and Member of Parliament (MP) of Delhi, totalling to 1,54,000 coupons (77x2000), for distribution of dry ration in their constituencies to the needy who do not possess any identity documents. He states that each coupon will entitle a person to get 4 kg. of wheat and 1 kg. of rice. It is further submitted that about 71 lakh Public Distribution System (PDS) beneficiaries and 30 lakh people who have applied on-line for issuance of ration cards are being provided free ration. Ration for the month of May, shall be distributed at the end of April itself and people will be given a kit containing essential items like, salt, sugar, edible oil, etc.

7. Learned ASG clarified on our raising a query that (a) there are five cooked food distribution centres and one dry ration distribution centre for the labour camp at Bhagirathi Vihar, North East Delhi; (b) one cooked food distribution centre for the labour camp at Bhatt Camp Slum Colony, Badarpur; (c) one cooked food distribution centre for the labour camp at Gola Kaun, Okhla Phase-1, South East Delhi (Yogshala Camp Industrial Area, D-Block, Okhla Phase-1, New Delhi); (d) six cooked food distribution centres and two dry ration centres for the labour camp at Nala Road, Johripur, North East Delhi; (e) two cooked food distribution centres for the labour camp at Outramline, North Delhi, Delhi and (f) one cooked food distribution centre for the labour camp at Sanshi camp, Bandarpur, South East Delhi.

8. Ms. Mukherjee, learned counsel for the petitioner disputes the aforesaid submission and states that there have been several instances where the migrant and daily wage workers, who are residing in the aforesaid campus have gone without food. She states that in order to maintain social distancing, the entire family cannot be expected to go to the cooked food distribution centres which are located 1 to 1.25 kms. away from the labour camps to collect the ready meals on a daily basis and therefore, members of such families who are unable to go to the centres, are denied food packets. She also submits that meals are being provided erratically inasmuch as all the three meals i.e., breakfast, lunch and dinner are hardly being provided to the migrant and daily wage workers.

9. To address the aforesaid issue, we have enquired from Mr. Jain, learned ASG appearing for the Govt. of NCT of Delhi as to whether a Nodal officer can be appointed for each of the seven clusters mentioned above and their names and mobile numbers provided to learned counsel for the petitioner to enable her to share the same with the residents of the respective labour camps, so that the Nodal officer can be approached in case any difficulty is faced by the migrant and daily wage workers.

10. Mr. Sanjay Jain, learned ASG has readily agreed to the suggestion and states on instructions that Nodal officers for the said camps shall be appointed and their names and mobile numbers for each of the aforesaid clusters shall be conveyed to learned counsel for the petitioner by tomorrow.

11. We are conscious of the fact that both, the Centre and the State Governments are doing their best to provide food, dry ration and other essential items to people in need, particularly the migrant and daily wage workers, who are going through a tough time due to the imposition of the lockdown. But there are limitations on the resources available to the Govt. of NCT of Delhi and given the warlike situation existing on ground, the extraordinary efforts being made by all the agencies both, at the Centre and the State, must be acknowledged. In such an emergent, some anomalies can and will take place. In the current circumstances when the State is struggling to contain the COVID-19 pandemic, it is the need of the hour that all hands are on the deck.

12. Keeping in mind the offer made by learned counsel for the Govt. of NCT of Delhi that the names and mobile numbers of the Nodal officers to be appointed for the labour camps shall be furnished to learned counsel for the petitioner, no further orders are required to be passed in the present petition, which is accordingly disposed of. HIMA KOHLI, J SUBRAMONIUM PRASAD, J APRIL 22, 2020