Will advise govt to address migrants’ plight: AG to HC
The bench referred to a “disturbing” news report in an English daily that dealt with the plight of workers from the drought-affected areas of Marathwada region, including Beed, Osmanabad, Jalna, Latur and some parts of Nanded and Parbhani districts, who migrate to western Maharashtra’s sugar belt that comprises Sangli, Kolhapur, Pune, Satara, Solapur and Ahmednagar districts.
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The report claimed that nearly 70 per cent of 500-odd villages in the Marathwada region are emptied every winter.
Advocate General Birendra Saraf for the Maharashtra government on Wednesday assured the Bombay High Court that he will take necessary instructions and would advise the government to positively take proper steps to address the plight of migrant workers from drought-affected areas of Marathwada region.
In April, a division bench of Acting Chief Justice Sanjay V Gangapurwala and Justice Sandeep V Marne took suo motu cognisance of the issue and asked lawyers to assist in the matter.
The bench referred to a “disturbing” news report in an English daily that dealt with the plight of workers from the drought-affected areas of Marathwada region, including Beed, Osmanabad, Jalna, Latur and some parts of Nanded and Parbhani districts, who migrate to western Maharashtra’s sugar belt that comprises Sangli, Kolhapur, Pune, Satara, Solapur and Ahmednagar districts.The report claimed that nearly 70 per cent of 500-odd villages in the Marathwada region are emptied every winter.
The bench noted, “The ‘tolis,’ groups of workers, either stay on the sugar factory premises or in the sugarcane fields. Families move into temporary structures that provide little shelter… The plight of these workers is narrated qua financial exploitation and exploitation of lady workers also. The workers have also narrated the ordeals they have to undergo.”
Taking cognisance, the bench appointed senior advocate Mihir Desai and advocate Pradnya Talekar to assist it in the matter. Talekar filed the plea.
On Wednesday, senior advocate Mihir Desai and advocate Talekar pointed out a past verdict of the High Court stating that directions were issued to the government to consider sugarcane harvestors as workmen of factory, therefore declaring migrant workers entitled to all benefits of the laws for the protection of workers including Prevention of Sexual Harassment at Workplace Act, 2013.
Thereafter the committee was appointed under the chairmanship of Deputy Speaker of Maharashtra of Legislative Council (MLC) Neelam Gorhe. The panel was appointed in light of the widespread media attention on the unprecedented levels of hysterectomy in Beed district by women workforce to avoid penalties for lesser productivity during menstruation or pregnancy.
The petition sought direction to permit engagement of migrant workers conditional to non-availability of local labour. The suo motu plea also raised issues related to entitlement of migrant workers to statutory minimum wages, provident funds, leaves, insurance, maternity benefits, protection from sexual harassment and other service conditions.
The plea also raised the issue of poor living and working conditions, lack of facilities and sought a survey by an
independent expert body or a research institute in that regard. It also urged measures for the upliftment of Marathwada and Vidarbha regions to check migration.
After AG Saraf assured the court on advising the government, the bench issued a notice to respondent authorities about policies regarding the same. “Now we will put the government to work,” the bench said and posted further hearing to June 19.
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