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PIL - 06

THE HONOURABLE SUPREME COURT

OF

GOTHAM

1st ILNU-PIL Drafting Competition 2020

In the matter of

Sanitize and Stay Hygienic (SASH),

A Non-Governmental Organization

-----------------------------------------------------------------------Petitioner

Versus

The Union of India

----------------------------------------------------------------------Respondent

URGE FOR EXECUTIVE ACTION:

In times of the COVID-19 Pandemic


IN THE HONORABLE SUPREME COURT OF GOTHAM

WRIT PETITON NO. 006/2020

PETITIONER Sanitize and Stay Hygienic (SASH)

7, Nelson Mandela Marg, Pocket 6, Sector D,


Vasant Kunj

New Delhi, Delhi 110070

RESPONDENTS

(1) Union of Gotham,

Through the Chief Secretary,

Ministry of Health & Family Welfare,

Room No. 348, ‘A’ wing, Nirman Bhavan,

New Delhi, 110011

(2) Union of Gotham,


Through the Chief Secretary,
Ministry of Labour and Employment,
Shram Shakti Bhawan, Rafi Marg,
New Delhi, 110001
(3) Union of Gotham,
Through the Chief Secretary,
Ministry of Home Affairs,
North Block,
New Delhi, 110001

(4) Government of Andhra Pradesh,


Through the Chief Secretary,
Building No. 1, First Floor,
Govt Complex, AP Secretariat
Velagpudi, Guntur.

(5) Government of Aruncachal Pradesh,


Through the Chief Secretary,
Civil Secretariat,
Itanagar.

(6) Government of Assam,


Through the Chief Secretary,
Block C, 3rd Floor, Assan Sachivalaya,
Dispur, 781006, Guwahati.

(7) Government of Bihar,


Through the chief secretary,
Main Secretariat, Patna, 800015

(8) Government of Chattisgarh,


Through the Chief Secretary
Mahanadi Bhawan, Mantralaya,
Naya Raipur, 492002
(9) Government of Goa.
Through the Chief Secretary
Secretariat, Porvriom, Bordez,

(10) Government of Gujrat,


Through the Chief Secretary
1st Block, Fifth floor, Sachivalaya,
Gandhinagar, Gujrat

(11) Government of Haryana,


Through the Chief Secretary,
Room No. 4, 4th Floor, Haryana Civil
Secretariat, Sector 1,
Chandigarh 160019

(12) Government of Himachal Pradesh,


Through the Chief Secretary,
Himachal Pradesh Secretariat,
Shimla, 171002

(13) Government of Jammu and Kashmir,


Through the Chief Secretary
Room No. 2/7, 2nd Floor, Main Building,
Civil Secretariat, Jammu, 180001

Also in, Room No. 307, 3rd Floor, Civil


Secretariat, Srinagar, 190001

(14) Government of Jharkhand,


Through the Chief Secretary
1st Floor, Project Building, Dhurwa
Ranchi.
(15) Government of Karnataka,
Through the Chief Secretary,
Room No. 320, 3rd Floor, Vidhana Soudha,
Bengaluru, 560001

(16) Government of Kerela,


Through the Chief Secretary,

Secretariat, Thiruvananthpuram, 695001

(17) Government of Madhya Pradesh,


Through the Chief Secretary,
M.P. Mantralaya, Vallabh Bhavan,
Bhopal, 462004

(18) Government of Maharashtra,


Through the Chief Secretary,
CS Office main building, Mantralaya,
6th Floor, Madame Cama Road,
Mumbai, 400032

(19) Government of Manipur,


Through the Chief Secretary,
South block, Old Secretariat,
Imphal, 795001

(20) Government of Meghalaya,


Through the Chief Secretary,
Main Secretariat Building,
Rilang building, Room No. 321,
Meghalaya Secretariat, Shillong 793001
(21) Government of Mizoram,
Through the Chief Secretary,
New Secretariat Complex,
Aizawl, 796001

(22) Government of Nagaland,


Through the Chief Secretary,
Civil Secretariat, Kohima, 797004

(23) Government of Odisha,


Through the Chief Secretary,
General Administrative Department, Old
Secretariat
Bhubaneshwar, 751001

(24) Government of Punjab,


Through the Chief Secretary,
Chief Secretary Office, 6th Floor,
Punjab Civil Secretariat, Sector 1,
Chandigarh, 160001

(25) Government of Rajasthan,


Through the Chief Secretary,
Secretariat, Jaipur, 302005

(26) Government of Sikkim,


Through the Chief Secretary,
New Secretariat, Gangtok, 737001
(27) Government of Tamil Nadu,
Through the Chief Secretary,
Secretariat, Namakkal Kavignar Maaligai, Fort
St. George,
Chennai, 600009

(28) Government of Telangana,


Through the Chief Secretary,
Burgula, Ram Krishna Rao Bhavan, 9th Floor,
Adarsh Nagar, Hyderabad, 5000063

(29) Government of Tripura,


Through the Chief Secretary,
New Secretariat Complex, Secretariat,
Agartala, 799010

(30) Government of Uttar Pradesh,


Through the Chief Secretary,
1st Floor, Room No. 110. Lal Bahadur Shastri
Bhavan, U.P. Secretariat,
Lucknow, 226001

(31) Government of Uttarakhand,


Through the Chief Secretary,
4 Subhash Road, Uttarakhand Secretariat,
Dehradun, 248001

(32) Government of West Bengal,


Through the Chief Secretary,
Nabanna, 13th Floor, 325 Sarat Chattarjee Road,
Mandiratala, Shibpur, Howrah, 711102
(33) Administration of Andaman & Nicobar,
Through the Chief Secretary,
Andaman and Nicobar Administrative
Secretariat, Port Blair.

(34) Administration of Daman & Diu,


Through the Chief Secretary,
Secretariat Fort Area, Moti Paman,
Daman, 396220

(35) Administration of Lakshadweep,


New Secretariat Building,
Kavaratti, Lakshadweep 682555

(36) Administration of Puducherry,


Through the Chief Secretary,
Chief Secretariat, Puducherry, 605001

(37) Administration of National Capital Territory


Delhi,
Delhi Secretariat, IP Estate, New Delhi.
WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF GOTHAM
SEEKING A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER,
DECREE OR DIRECTION TO THE RESPONDENTS TO ENSURE PROTECTION OF
HEALTHCARE WORKERS, MIGRANT WORKERS AND FREEDOM OF PRESS.

To,

The Honourable Chief Justice of Gotham,

And his companion judges of

The Supreme Court of Gotham.

MOST RESPECTFULLY SHEWETH

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.

Subject Matter in Brief-

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

1 Mahatma Gandhi National Rural Employment Scheme, 2005


2 The Mahatma Gandhi National Rural Employment Guarantee Act 2005 Ministry of Rural Development,
Government of India MNREGA Soft V1.5, THE MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT
GUARANTEE ACT 2005, https://nrega.nic.in/ (last visited Apr 14, 2020).
should be used only for 5-6 hours after this time mask become infected. Joint
secretary of health ministry said that nearly 29 lakh masks were available within the
States and additional number of masks is being procured, but the numbers are not
enough.
7. The novel Corona virus attacks directly to the respiratory system of humans and for
the treatment of this ventilator are life saver specially for critical patients. In absence
of official figures, an analysis of the number of ventilators I public sector could be
based on the number of hospital beds. According to media reports out of the total
7,13,986 government beds available in the country at least 5-8%are ICU beds which
means 35699 to 57,119 ICU beds. If 50% of the ICU beds have ventilator then
roughly, there are nearly 25,556 ventilators in the country. Even if all ICU hospital
beds have ventilators, there will only be 57 thousand ventilators. So, there is a big
shortage of Ventilators, ICU beds and proper sanitized quarantine places.
8. The availability of testing kits for novel Corona virus are not in satisfied figures.
According to Gothamn Council of Medical Research (ICMR) a total of nearly 1.5lakh
samples are taken from all over the country, and on average about only 5-8 thousand
tests for (COVID-19) are tested per day. As compared to US it is only 1/3 rd and also
very low compared to nations where corona test kits are available in good numbers.
Like South Korea.
9. According to official data provided by ICMR, nearly 113 labs have been made
functional and 50 private labs have been given approval. This figure of testing labs is
enough to understand why country find itself at the back of the line for virus test kits
and total number of samples.
10. Government is failed to provide proper quarantine facilities, as of now lakhs of people
who are somehow come in contact with the Patient of (COVID-19) are in quarantine.
Apart from this lack of proper sanitisation and awareness is also a major concern. If
the cases are increases at this rate, government does not have adequate amount of
medical supplies and it will create chaos.
11. WHO previously stated that the country is under the critical shortage of healthcare
professionals but no cognizance is taken from the statement. Now when the country is
hit by Corona pandemic this shortage increases tremendously especially in rural areas.
12. Since (COVID-19) is an infectious disease it can be spread by touch and doctors who
are working without any proper protective gear like PPEs have high risk of this
Corona virus therefore it is very important to take (COVID-19) test of all frontline
workers so they all should be cured of this disease and also to insure that they will not
become the “cause” of the spread of Corona.
13. In order to control the spread of disease the government has announced 21 days
lockdown, because of which most of the migrant workers have no source of earning
left as business establishment has been shut down. Because these shut down, they are
left with no money, In the absence of money and jobs, and bereft of any food, savings,
or shelter in large cities, they are desperate to reach their villages. According to an
official data as many as 500,000-600,000 migrant workers had to walk back home on
foot because public transport was not available to them. They travelled miles on foot
to reach their villages.
14. Many migrant workers have been sent back from the borders by lathi-wielding cops
for violating social distancing norms amid the lockdown. Some have even been
sprayed by a toxic bleach disinfectant used to clean buses. The amount of violence
that has been used against them is inhuman. Videos of police violence emerged from
different parts of the country on 22 March (see for instance, from Goa and Bhiwandi),
and migrant labourers are especially vulnerable. A total of 22 migrant workers have
already died.
15. 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, according to a report by the World
Economic Forum. Since they are in large number so therefore there is an urgent need
to use stadiums, community halls, etc. for accommodating migrant workers
temporarily, and provide soap and other hand-washing facilities to reduce risk of
community transmission.
16. According to a migrant worker who had subsisted on just one meal in two days, told a
reporter wryly: “If coronavirus doesn’t kill us, hunger will!” so, therefore government
should arrange facilities to provide food to them.
17. The lockdown has another bad news for one section of society, and that section of
society is the victims of domestic violence. The lockdown conditions like isolation,
social distancing and restriction on freedom of movement are the conditions that feed
into the hands of the abusers3. The cases of domestic violence have increased by

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.

2. Facts of the case:

2.1. That, the coronavirus outbreak has


come with major problems for the country’s masses. But some groups are specifically
hit the most. One such group is the group of daily employed workers or the daily wage
workers who are put out of employment and are no longer able to earn their bread and
butter.
2.2. That, these people have a hand to
mouth existence and anytime there is an imbalance in their employment, they are tend to
suffer a lot.
2.3. That, the number of daily wage
workers or the unorganised sector workers as identified by ILO (International Labour
Organisation) in Gotham is significantly high. It constitutes 1/3rd of the 80% of the total

violence-154923> [Accessed 15 April 2020].

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.

4. Any representation made.

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:

5.1. Because COVID-19 is a highly contagious and infectious disease.


5.2. Because central and state governments have imposed a complete lockdown of the country 10.
Leaving the people like daily wage workers, migrant labourers and victims of domestic
violence totally at the mercy of the executive.
5.3. Because “Right to food” is a right interpreted under article 21 of the Constitution of Gotham.
The right to adequate food is a ‘relative’ standard. In contrast, the right to be free from
hunger is ‘absolute’11.
5.4. Because every migrant worker, healthcare worker, daily wage worker and domestic woman
has the right to life under Article 21 of the Constitution of Gotham.

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].

11 Sanjeev Gowda, RIGHT TO FOOD IN INDIA: A constitutional perspective, 3 INTERNATIONAL JOURNAL OF


LAW AND LEGAL JURISPRUDENCE STUDIES 1–12.
5.5. Because, the current methods adopted by the government are insufficient in dealing with the
situation. Rolling out cash packages are of little help as the distribution of the same is highly
ineffective.
5.6. Because the central government had constituted the National Commission for women, to
employ a separate body to look into matters of suppression and harassment of Gothamn
Women and take an active role in ensuring welfare for the women of this country.
5.7. Because the lockdown has created the situation which is perfect for the offenders to breed
upon. The lockdown further renders filing FIRs impossible, because generally the victims of
these crime report such crimes only when they go out to do usual household economic
activities like buying groceries, fruits, vegetables etc.
5.8. Because even if the women are empowered enough in some urban regions to raise their
voices, they are unable to do that because of the severe hotspot lockdowns and containment
zone declarations.
5.9. Because the Epidemic Diseases Act (EDA), 1897, though archaic and highly inefficient for
the current situation gives all the powers to the state governments to regulate the activities
in their respective jurisdiction when they have already declared coronavirus to be a lethal
and contagious virus under section 2(1) of the EDA,1897.
5.10. Because, (COVID-19) is spread through contact with the infected person via cough. It is
observed that this Corona virus is more fatal to patients suffering from other diseases like
diabetes, Blood pressure, and respiratory problems. And attack the person who has weaker
Immunity, and spread mostly due to unhygienic conditions and a general lack of awareness.
So, awareness and hygiene must be improved.
5.11. Because, several instances have come to forefront in foreign where Corona can be spread by
health care workers itself, there should be proper rules and regulations to test frontline
health care worker in certain period of time regularly.
5.12. Because, Quarantine facilities provided by government to Corona patients are insufficient
and not well maintained. As Corona can be spread because of less hygiene there are not any
proper arrangements in isolation wards and quarantine facilities for sanitisation, and can
create more problems.
5.13. Because, inadequate amount of testing lab facilities and insufficient amount of testing kit of
Corona becomes a hurdle to detect the Corona virus and to stop from further spreading. So
immediate actions must be taken to increase the testing facilities along with the increase in
testing centres.
5.14. Because, the critical patients suffering from (COVID-19) are shifted to ICU wards but the
lack of ICU wards and Ventilators is a major concern. Along with-it medicines provided to
the patients are, more often than not, sufficient. Although there is not any specific medicine
developed for this virus but some medicines are life saving for patients who are
mildly/moderately positive from Coronavirus.
5.15. Because, the violence used by the police officers on migrant workers is inhumane and every
person has a right to be treated in a humane manner.

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.

6. Details of remedies exhausted

No remedies exhausted except this petition.

7. Delay in filing the petition

There is no delay in filing the petition and the said petition comes at an appropriate and crucial
time.

8. Reliefs Prayed

It is therefore prayed that your lordship may graciously be pleased:

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: -

For issuance of an appropriate writs/orders/directions directing and commanding upon the


respondent’s authority,

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.

vi. To provide proportionate quantity of Personal protective equipment(PPEs) to


professional health care workers to ensure that the health care workers are fully
protected from the spread of virus.
vii. To ensure due attention must be paid to ensure that the persons who are suspects of
Corona virus are getting proper quarantine facilities with well-maintained staff and
good hygiene.
viii. To make necessary arrangements for sufficient availability of Corona testing kits.
Along with it the country is in very critical situation therefore, to increase the number
of testing labs all over the country should be government’s first priority.
ix. To provide sufficient quantity of medicines. ICU beds and Ventilators should be made
readily available in the hospitals to ensure that not a single patient of (COVID-19)
disease is left unattended.
x. To ensure that N-95 masks must be available in sufficient quantity and immediate
action should be taken from the Government to fulfil the requirements.
xi. To issue guidelines for the testing of frontline healthcare workers in specific period of
time, and to ensure their safety.

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.

9. Interim Relief/Order prayed (if any)


It is humbly submitted before this Honourable Court that all the abovementioned reliefs are
highly important and need vigilance of the executive and safeguard of the judiciary in this
very movement as this involves lives of many Gothamese citizens.

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

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