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Karnataka HC seeks explanation from govt over restrictions on movement across TN border

"The state's restrictions are affecting the livelihood of persons on the border and are a violation of fundamental rights," argued the petitioner M Indira Priyadarshini

Published: 14th August 2020 03:04 PM  |   Last Updated: 14th August 2020 03:04 PM   |  A+A-

Karnataka HC

Karnataka High Court (File Photo | EPS)

By Express News Service

BENGALURU: Acting on a public interest litigation drawing attention to the severe difficulties faced by workers from the unorganized sector residing in Hosur and Anekal taluks on the Karnataka-Tamil Nadu border in entering the state due to the protocol laid down, the Karnataka High Court on Friday sought an explanation from the state government.

The petitioner M Indira Priyadarshini, who is an advocate by profession, has drawn the attention of the court to the thousands of persons in the villages of Hosur and Anekal taluks on the Karnataka-Tamil Nadu border, who are facing problems in entering the state for their livelihood, as the government has made it mandatory that every person should registered on the Seva Sindhu portal before entry.

She contended that e-passes are generated only after uploading the ID cards issued by the employer but is not helpful for workers belonging to the unorganised sector as they cannot get ID cards or certificates from the employers. Therefore, they are being deprived of the right to movement across inter state border, she argued.

She argued that most of the persons entering the state daily from Hosur and Anekal taluks are workers and have to come to Karnataka for their livelihood but they are seen waiting for hours together on the border to register on the portal on a daily basis. Most of them are not in a position to bring a certificate from their employers to gain entry to the state.

"The protocol laid down by the state is against unlock guidelines issued by the Union government which has not imposed any restrictions on inter state or intra state movement of persons or goods. Therefore the state's restrictions are affecting the livelihood of persons on the border and are a violation of fundamental rights," she argued.

Then the bench said that clause 5 of the unlock-3 guidelines issued by the National Executive Committee on July 29 has not imposed any restrictions on inter state and intra state movement of persons and goods and hence no separate permission is required for movement.

However, the protocol was issued by the health and family welfare department based on the guidelines issued by the State Executive Committee, mandating persons from other states to register on Seva Sindhu portal. A condition was imposed for the workers to bring a certificate from the employer, the bench said asking the state to file statement of objections justifying how it has modified the unlock-3 guidelines though power was not conferred to do so.

Further hearing will be held on August 24.



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