Kerala High Court seeks State's response to PIL on rape and murder of migrant worker's 5-year-old child

In the wake of the gruesome rape and murder of the 5-year-old daughter of a migrant labourer family, a public interest litigation (PIL) petition has been moved before the Kerala High Court seeking the enforcement of labour laws and welfare measures for migrant workers in the State. [Satheesh VT v State of Kerala].The 5-year-old girl who went missing on July 28 was found dead in a waste yard in Aluva market in Ernakulam district. The police arrested one Asafaq Aslam, also a migrant labourer from Bihar, for the rape and murder of the child. .When the matter came up before a division bench of Chief Justice AJ Desai and Justice VG Arun on Wednesday, the Court issued notice and sought the response of the State to the plea which also sought payment of ₹25 lakh to the family of the child. .The PIL which was moved by a practicing lawyer said that he was constrained to approach the Court in light of the failure of the State government in enforcing the registration of migrant workers in the State as per the provisions of the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. He emphasised that the same was necessary in light of increasing crimes involving migrant workers. To support this contention, the petitioner submitted news reports of crimes involving migrant workers, including the 2016 case in which a law student was raped and murdered by one Ameer-ul-IslamThe PIL, therefore, sought directions to the State to ensure registration of migrant workers and to establish an Institution in the nature of Employment Exchange for all migrant workers linking it with social welfare measures..The petitioner also contended that requisite steps have not been taken to ensure safe and hygienic living conditions for migrant workers or to ensure that they conduct themselves in a socially responsible manner despite a rise in crimes involving migrant workers."In most of the places, the employers/ contractors are dumping these workers into small quarters with limited to no facilities. The situations are ripe enough for any man from a different State to fearlessly involve in wrongful and unlawful activities," the PIL stated.In this regard, the petitioner sought directions to the State authorities to conduct education and training sessions for migrant workers..The PIL also argued that the non-extension of the Victim Rehabilitation Scheme (which includes compensation for rape victims) to migrant workers by stipulating that applicants shall be native residents of Kerala, is highly discriminatory.Therefore, the petitioner sought for orders to the State to quash the scheme to the extent that it limits its benefits to native residents alone. "The victims of rape can't be discriminated on the basis of their native origin. All girl children are daughters of this great nation and governed by the Constitution. Under the Constitution, every citizen has equal rights. Therefore, Exhibit P14 (Victim Rehailitation Scheme) to the extent it discriminates between natives and migrants is discriminatory and violative of Article 14 and Article 21 of the Constitution of India," the PIL stated..The matter will be considered next on September 12..The petitioner was represented by advocates Sajith Kumar V, Vivek AV, Godwin Joseph and Ronit Zachariah.