Documente Academic
Documente Profesional
Documente Cultură
OF
GOTHAM
In the matter of
A Non-Governmental Organization
-----------------------------------------------------------------------Petitioner
Versus
----------------------------------------------------------------------Respondent
RESPONDENTS
To,
1. The present petition under article 32 of the constitution of Gotham has been filed by
the petitioner seeking directions ensuring right to life for health care workers, migrant
workers, daily wage workers and victims of domestic violence.
2. The petitioner is founder of SASH (Sanitize and Stay Hygienic) which is a non-
government and non-profit organization. Apart from other activities for the betterment
of the society one of their main objective is to propagate Human Rights, the
Fundamental Rights, Directive Principles of State Policy and Fundamental Duties as
per constitution of Gotham and also to raise awareness about female hygiene and the
need of proper sanitation for all. The petitioner has been working since the last 15
years for the abovementioned purposes and has been able to help the disadvantaged
people who have no access to the legal justice system. The petitioner has no criminal
or civil case pending against him. Also, the petitioner has no personal interest or
oblique motive to file the current petition.
3. The Respondent No. 1 (herein referred as R/1) is the Union of Gotham through
secretary, Ministry of Health and Family Welfare, which is the apex authority of the
Government of Gotham at the national level responsible for overlooking and
implementation of health guidelines, administration of public healthcare system,
immunization, medical education, nursing etc at pan Gotham level. R/1 retains
considerable influence on local, state and national level. And hence is subject to this
petition.
4. The Respondent No. 2 (herein referred to as R/2) is the Union of Gotham through
secretary, Ministry of Labour and Employment, which is apex authority of the
government of Gotham at the national level responsible for and aimed at decent
working conditions and improved quality of life of workers, ensuring Gotham without
child labour in hazardous sectors and enhancing employability through employment
services and skill development on a sustainable basis.
5. The Respondent No. 3 (herein referred as R/3) is the Union of Gotham through,
secretary, Ministry of Home Affairs which is responsible for internal security, border
management, Centre-State relations, administration of Union Territories, management
of Central Armed Police Forces, disaster management, etc. Though in terms of Entries
1 and 2 of List II – ‘State List’ – in the Seventh Schedule to the Constitution of
Gotham, ‘public order’ and ‘police’ are the responsibilities of States, Article 355 of
the Constitution enjoins the Union to protect every State against external aggression
and internal disturbance and to ensure that the Government of every State is carried
on in accordance with the provisions of the Constitution. In pursuance of these
obligations, the Ministry of Home Affairs continuously monitors the internal security
situation, issues appropriate advisories, shares intelligence inputs, extends manpower
and financial support, guidance and expertise to the State Governments for
maintenance of security, peace and harmony without encroaching upon the
constitutional rights of the States.
6. Respondents 4 to 37 are governments/administrations of various state and union
territories who are in close relation with essential commodity supply and
administration of justice and order in their respective regions.
1. The world is under a serious pandemic. The disease COVID-19 caused due to novel
coronavirus has affected 19,33,800 people throughout the globe causing fatalities to
1,20,434 with 4,56,539 people successfully recovered from the disease. The number
of positive cases in Gotham as per the day of drafting this PIL are 10,363 with 1036
total recoveries and 339 saddening deaths. This extraordinary disease has come as a
major test for the executive pillar.
2. Even though the disease had started from a market in Wuhan district in Hubei
Province of China, it has spread rapidly around the world targeting countries beyond
seas and ocean. The highest number of positive cases are in The United States of
America with more than half a million positive cases and more than twenty-six
thousand deaths. Owing to the highly contagious nature of this disease, the
government of Gotham on 24th March had declared a complete lockdown for the
entire nation, putting all the regular economic activities at halt.
3. The lockdown has come with guidelines from the government which mandates that
there should be no movement to and from point A to point B in the country. This
makes situation, the toughest, for a “daily wage worker” (ie. A worker who earns only
to fill his stomach from that day’s earnings) because he now has nothing to live on.
Since, they are not working, they are deprived of the most basic necessity of human
being ie. Food. The national rural jobs guarantee scheme named MGNREGA 1 itself
employs 26.6 crore Gothamn workers of which 12.81 crore are active workers 2. But
this lockdown puts all these workers out of employment and therefore consequently.
Right to life.
4. The central and state governments although have announced that the money will still
be provided to these workers aren’t able to effectively implement their plan. There
have been reports of many workers stranded at their places with no food or water.
Barely even able to live and therefore the government must implement the executive
plans efficiently in order to ensure food and essential commodities delivery to these
citizens.
5. As (COVID-19) is an infectious disease, healthcare workers working for the
treatment of (COVID-19) patients’ needs personal protective equipment (PPE). In
medical terms it is supposed to protect the medical personnel from infectious disease.
In surgery it serves a twofold purpose of not only protecting the surgical team from
fluids from the patient, but protect the patient from the surgeon breathing into an open
area. As of now, 3.34 lakh PPEs are available in the country and about 3 lakh PPEs
order has been placed with ordinance factory according to ministry of health. But it’s
not sufficient to tackle this disease.
6. N-95 mask are used by health care workers as a protective gear to prevent the spread
of corona virus. According to World health organization Corona virus is majorly
spread through droplets and N-95 mask are used to prevent the spread of droplets
through mouth and nose. There is a shortage of N-95 mask in the country as doctors
working in rural areas of the country are not having the stock of these mask and some
does not have in adequate numbers, and according to WHO standards one mask
3 Talwar, S., 2020. COVID19: Lockdown Is A Downside for Victims of Domestic Violence. [online] Livelaw.in.
Available at: <https://www.livelaw.in/columns/covid19-lockdown-is-a-downside-for-victims-of-domestic-
manifold in Gotham4. Even the WHO Chief, Tedros Adhanom has mentioned this
unfortunate situation5.
18. Countries like United Kingdom have started the concept of a ‘silent call’ to help the
victims or potential victims of domestic violence. A silent call is actually a call to the
emergency number 999 without uttering a word. The victim has to press number 5
twice on the keypad to effectuate a “cause of concern” for the police.
19. Therefore, since the number of domestic violence cases have been reported to go up
by the National Commission for Women in Gotham. Gothamese states should also
launch a helpline number which will be the tool of survival and justice for the victims
just like Kerala and NCW has done.
4 Roy, L. and Delhi, N., 2020. Domestic Violence Cases Across India Swell Since Coronavirus Lockdown.
[online] https://www.outlookindia.com/. Available at: <https://www.outlookindia.com/website/story/india-
news-rise-in-domestic-violence-across-all-strata-of-society-in-the-coronavirus-lockdown-period/350249>
[Accessed 15 April 2020].
BBC News. 2020. 'I'm In Coronavirus Lockdown with My Abuser'. [online] Available at:
<https://www.bbc.com/news/world-52063755> [Accessed 15 April 2020].
5 Graham-Harrison, E., Giuffrida, A., Smith, H., Ford, L., Connolly, K., Jones, S., Phillips, T., Kuok, L. and
Kelly, A., 2020. Lockdowns Around the World Bring Rise in Domestic Violence. [online] the Guardian.
Available at: <https://www.theguardian.com/society/2020/mar/28/lockdowns-world-rise-domestic-violence>
[Accessed 15 April 2020].
informal sector employment in Gotham as per ILO. The report has been annexed herewith
in Annexure P/1.
2.4. That, reporters across the country
have tried to understand the situation of these people and have found astonishing things.
Many of them don’t even have food to eat. Certain report by an independent international
media house called DW had interviewed Mr. Mukesh, a rickshaw driver. He is in the
lower middle-class strata of the society and earns only after he drags auto to different
parts of the city. He has a fear of being under extra debt as he had already taken loan to
educate his children. Now, since the food prices have risen, he is thinking of taking a loan
even for food requirement of his family6.
2.5. That, the lockdown requirement
has caused serious issues to the victims of domestic abuse in Gotham. Since, Gothamese
society is a historically patriarchal one, the women in Gotham have a higher chance of
being a victim of domestic violence during these times.
2.6. That, the total number of reported
domestic violence cases has shot up. The total number of cases from 25th March to 1st
April have been reported to be 1257 in number by the National Commission for Women
(NCW). The report by economic times has been annexed herein as Annexure P/2
2.7. That, Gothamese women have a
high risk of even losing their lives due to domestic violence. Which according to a
Washington University study, is 40 times higher in Gotham, than in the United States of
America. That means
2.8. That, the frontline healthcare workers who are serving for the nation have faced many
problems in dealing with the patients of (COVID-19) such as the inadequate availability
of personal protective equipment (PPEs)7 The Apex court, in the case of Bandhua Mukti
Morcha v Union of Gotham, the supreme court interpreted protection of health to be
within the ambit of life and personal liberty under Article 21 of our constitution. The
judgement has been annexed herewith in Annexure P/3.
6 (www.dw.com), D., 2020. India's Coronavirus Lockdown Hits Daily Wage Workers | DW | 01.04.2020.
[online] DW.COM. Available at: <https://www.dw.com/en/indias-coronavirus-lockdown-hits-daily-wage-
workers/av-52977301> [Accessed 15 April 2020].
7 Teena Thacker, COVID-19 OUTBREAK: PROTECTIVE HEALTH GEAR IN SHORT SUPPLY THE ECONOMIC
TIMES (2020), https://m.economictimes.com/news/politics-and-nation/covid-19-outbreak-protective-health-gear-
in-short-supply/articleshow/74765953.cms (last visited Apr 15, 2020).
2.9. That, the N-95 masks which are used by the frontline health care workers are very
important as a protective equipment for the workers dealing with patients of Corona virus
and non-availability or less availability of these masks are probably become the threat to
secure health to its citizens which reinforced under Article 47, it is for the state to secure
health to its citizens as its primary duty. The above-mentioned article is annexed herewith
in Annexure P/4.
2.10. That, the fulfilment of ICU beds and ventilator is necessary in sufficient numbers in
our country for the proper treatment of Corona patients and a smaller number of
ventilators would lead to casualties of patients suffering from (COVID-19). As according
to reports patients who are previously suffering from diseases like diabetes, heart
problems and respiratory problems are more in need of Ventilators.
2.11. That, COVID-19 can be spread by touch and its speed to infect the person is very quick, it
is very essential to have an eye on the patient of Corona along with it a high intensity
testing facility is required.
2.12. That, the Shortage of lab facility in our country will destroy our above-mentioned aim
which is to prevent the spread of Corona virus.
2.13. That, the Section 2 of the Epidemic Disease Act of 18977, which describes the powers of
the government,
“When the state government is satisfied that the state or any part thereof is visited by or
threatened with an outbreak of any dangerous epidemic disease; and if it thinks that the
ordinary provisions of the law are insufficient for the purpose, then the state may take, or
require or empower any person to take some measures and by public notice prescribe
such temporary regulations to be observed by the public.
The above-mentioned act is annexed herewith in Annexure P/5. The person suffering
from Corona should get proper quarantine facilities with good living conditions in terms
of safety, sanitation and healthcare8.
2.14. That, the requirement of lockdown has caused many migrant workers to be left without
any earning source which caused them to be left without the basic essentials like food and
shelter which is why they are forced to go back to their native place in order to survive the
8 Bar & Bench, SUPREME COURT DISPOSES OF APPLICATION SEEKING ORDERS TO CONVERT HOTELS ETC INTO
QUARANTINE CENTRES FOR MIGRANT WORKERS BAR AND BENCH - INDIAN LEGAL NEWS,
https://www.barandbench.com/news/litigation/supreme-court-disposes-of-application-seeking-orders-to-
convert-hotels-etc-into-quarantine-centres-for-migrant-workers (last visited Apr 15, 2020).
lockdown. while interviewing one of the migrants said that “If coronavirus doesn’t kill us,
hunger will!” This violates their fundamental right to livelihood which falls under the
ambit of right to life under article 21 and also right to food and shelter which also falls
under the ambit of article 21. the above-mentioned article is annexed herewith in
Annexure P/6.
2.15. That, because of the lockdown they have to travel miles with luggage perched on their
heads, babies in arms, and elderly struggling alongside as no public transport is available
to them. According to a report, one 39-year-old, who set off on foot from Delhi to his
hometown in Madhya Pradesh, collapsed and died after walking around 200 kilometres.
He had worked at a restaurant in Delhi that closed due to the spread of COVID-19.
2.16. That, many of the migrant workers are left with no shelter because of which they either
have to live on streets or make attempts to reach their native home and according to the
Economic Survey of Gotham 2017 estimates that inter-state migration in Gotham was
close to 9 million annually between 2011 and 2016, while the 2011 census pegged the
total number of internal migrants in the country (accounting for inter- and intra-state
movement) at a staggering 139 million when these masses try and escape or stay at streets
will defeat the purpose of the lockdown and are more likely to spread the disease. the
report of world economic forum herewith annexed as Annexure P/7.
2.17. That, the amount of violence that has been used against the migrant workers are inhuman,
they have been sprayed with the toxic bleach disinfectant which is used to clean the buses,
they have been beaten by lathi with a lot of force. A total of 22 migrant workers have
died9.
2.18. That , over half of the Gotham’s daily wage and migrant population earns just Rs 200-400
a day much below the prescribed Rs 692, Rs 629, Rs 571for skilled , semi skilled and
unskilled workers respectively. While the Gothamese government has tried to alleviate the
pain of the migrants during the pandemic, by announcing a Rs 1.7 lakh crore package, we
have found that a large proportion of workers would be excluded from the relief. and a
large number of those affected were also unaware of the government’s schemes meant to
ease the Covid-19-led economic crises. Over 60% said they had no information about
these schemes or how to access them.
9 Kapur, M., 2020. Charted: Lockdown Is Only the Beginning of Misery For India’S Migrant Labourers.
[online] Quartz India. Available at: <https://qz.com/india/1833814/coronavirus-lockdown-hits-india-migrant-
workers-pay-food-supply/> [Accessed 16 April 2020].
2.19. That, there is a lack of cohesion and cooperation among states on the issue of migrant
workers. The Uttar Pradesh government initially provided buses for the movement of
migrant workers for two days but then they have stopped the facilities.
3. Source of Information.
The information has been taken from various trusted newspaper reports, ministry reports,
journals, trusted and authentic websites.
A representation was made to the Principal Secretary of the Union of Gotham as per
Annexure P/8 along with receipt. But the government and other respondents are already
aware of these issues through social activists, print media and electronic media.
5. Grounds urged
The petitioner, therefore, finding no other speedy, efficacious and alternative remedy craves
the indulgence of extraordinary jurisdiction of this Hon’ble Supreme Court to interfere in the
matter of greater interest of justice on the following grounds:
10 BBC News. 2020. India's 1.3Bn Population Told To Stay At Home. [online] Available at:
<https://www.bbc.com/news/world-asia-india-52024239> [Accessed 16 April 2020].
5.16. Because, there is a huge number of migrant workers left with no shelter and hence are forced
to live on streets or run towards their native place would likely cause the increase of the
spread disease.
5.17. Because, the migrant workers do not have any sources of income.
There is no delay in filing the petition and the said petition comes at an appropriate and crucial
time.
8. Reliefs Prayed
In the light of facts stated above, arguments advanced, grounds urged and authorities cited, this
Hon’ble Court the Petitioner prays for the following Relief/s: -
i. To provide proper food delivery system for the home-stuck daily wage workers by the
police or other authorities.
ii. To continue the allowances under Mahatma Gandhi National Rural Employment
Scheme (MNREGA), 2005 to be given to daily wage workers despite the inactivity in
these extra-ordinary times.
iii. To lift restrictions on Non-Governmental Organisations which are working in this
regard and allowing them liberty to distribute food under surveillance.
iv. To adopt the system of “silent calls” similar to the United Kingdom, to support the
victims of domestic violence.
v. To ensure surveillance and regular patrolling of the areas highly prone to domestic
violence considering their history. Areas like slums, sub-urban and some urban areas
are a few examples.
xii. To put restrictions on force used by the police officers on the people and give them
clear instruction.
xiii. To conduct the survey of the migrant workers who left with no shelter and then
provide proper shelter facilities to them.
xiv. To provide migrant workers with the essential goods and services in order to enable
them to survive the lockdown.
xv. To ensure the health check-up of the migrant workers and also that they have been
provided with the proper treatment and sanitization facilities.
10. CAVEAT
That, no notice of lodging a caveat by the opposite party is received.
PORT MARVEL
DATE 16/04/2020 ADVOCATE FOR THE PETITIONER
ADV. CRISTOPHER NOLAN
Annexure 1
ANNEXURE 2
A
Annexure 3
Annexure 4
Annexure 5
Annexure 6
Annexure 7
Annexure 8
To,
The Principal Secretary, Government of Gotham,
Prime Minister’s Office,
E block, Central Secretariat,
New Delhi, Delhi, 11011
Date: 04.04.2020
SUBJECT – Representation
Respected Sir,
As an ordinary citizen of this country I would like to bring your attention to
various unaddressed issues of the current times. The lockdown due to the
novel coronavirus disease COVID-19, had been imposed in the country from
24th March 2020. This although is a necessary step for prevention of this
disease, has caused serious problems to many sections of the Gothamese
society. As Gotham is a growing and developing nation, the number of
employments in daily wage is considerably high. These people earn daily to
get their livelihood going. But as there has been a complete lockdown in the
country for the past 11 days, these people are unable to even feed
themselves.
The situation of the people who are in the frontline to fight against the
disease is also not very calming. The healthcare workers are working under
this seriously lethal coronavirus, but aren’t being provided the basic
facilities like availability of protective masks and kits which are essential for
their safety from coronavirus.
Migrant workers are also under serious threat to their lives as they are the
worst struck due to coronavirus. The poor migrant workers from villages
and small towns are devoid of safe shelter and proper food due to the nature
of their employment. Victims of domestic violence are also affected by this
lockdown as these women now have to live with abusive individuals with
less escape available due the outbreak.
It is to address these issues I have filed a public interest litigation in the
Honorable Supreme Court of Gotham.
XYZ
ADVOCATE FOR THE PETITIONER