Supreme Court of India
Subject: - Online writ petition against Governments of Union of India and of all the States / Union Territories
I am an Indian citizen and in the interest of protecting most of Indians (through this PIL) from criminally enforced Coronavirus lock-down, submit the following: -
(1)- That the Governments of India and of all the States / UT imposed and accepted lock-down declared by Prime Minister Narendra Modi at 2000 Hrs on March 24, 2020 (effective from March 25, 2020 at merely 4 hours notice to the people) in order to (as claimed) save the lives & health of the people (guaranteed under Article 21 of the Constitution) from Coronavirus pandemic.
(2)- That in order to protect the fundamental right of livelihood (guaranteed under Article 21 of the Constitution) Governments assured food (to all whether having ration cards or not, by promising to provide temporary ration cards too) and mandated the people to live where they were, even without paying rent during lock-down.
(3)- That to achieve the objectives of the lock-down, before announcing lock-down on March 24, 2020 the Governments should have done the minimum as given below: -
(i)- Deployment of security forces all over India to ensure that nobody comes out of his / her place of residence.
(ii)- Filling all the ration shops for at least one month requirement all over India (in all the villages and in all the wards of municipal bodies of the towns, cities and metros)
(iii)- Ensuring one Contact officer near all these ration shops who will provide temporary ration cards and will listen (and will take remedial measures) to any complaint he will receive from the people of that area about non-availability of ration, harassment by landlord for demanding rent / forcing evacuation, medical needs etc.
(4)- That the Governments failed to do these with the result out of desperation people came on roads and started moving towards their homes in villages etc even to other cities and to other States in groups and crowds and were allowed to do so by governments since March 25, 2020 itself, in violation to letter and spirit of lock-down (as widely reported in print & electronic media).
(5)- That when PM Modi said that lock-down is like a curfew, it is the responsibility of Governments during curfew to apprehend the people on roads and streets and then to send them at places where governments want to send them (either in their houses from where they came, or in detention centers or at places where, with government permission, these people want to go) at government expenses.
(6)- That the Governments did not do so with the result people (despite some rather grossly inadequate trains and buses provided by governments) are still on the roads and streets and walking, on bicycle, on rickshaw, on trucks, etc hence people are suffering immensely and are even being killed due to accidents, exhaustion, lack of food etc (due to criminal negligence of the functionaries of the Governments 607 dead as per NGO Swan’s report by May 17 as shown on prominent national TV channel).
(7)- That in Aurangabad, Maharashtra sixteen laborers (who left home out of desperation due to criminally enforced lock-down) were crushed to death by a goods Train on May 8, 2020. The government says that they were tired and slept on the tracks, thinking no trains would be coming due to Lock-down. But it is doubtful because as per media reports they had walked along the railway track (as police were there on roads to stop them) for about 30 kilometres hence they must have seen some goods trains passing over the track. Moreover they must have passed some manned railway gates too where they must have been told that goods trains are running regularly. Therefore this accident needs to be investigated under supervision of Hon’ble Court because it also raises doubt about group suicide out of desperation.
(8)- That in no case lock-down should have been more than one month (maximum time of effective lock-down, also as per medical experts) because otherwise it violates the right of life (protected under Article 21 of the Constitution) of Indians especially of majority of Indians who are economically humble and survive on day to day earnings.
(9)- That due to extension of lock-down the majority of Indians are suffering and many are even starving which is reducing the immunity and resistance of these people which is causing sickness and even death to these people hence this extended / endless lock-down ought to be lifted by Hon’ble Court.
(10)- That if lock-down is not there and if, for argument sake, people die due to absence of lock-down then they will die from all sections of society but during lock-down suffering and deaths are being faced mainly by economically & socially humble people who are majority of India hence this lock-down is discriminatory therefore constitutionally objectionable under Article 13 & 14 of the Constitution.
Therefore Hon’ble Court (Under Article 32 read with Article 13, 14 and 21 of the Constitution Sections 166 and 304-A of IPC, Section 179 CrPC and Section 71 of Disaster Management Act) is requested to kindly: -
(i)- Prosecute the functionaries of Governments of Union of India and of all the States / UT responsible by their acts of commission & omission for these unnecessary sufferings and deaths of the people due to negligently enforced lock-down.
(ii)- Order investigation under supervision of Hon’ble Court into Aurangabad train tragedy (where 16 laborers were killed by goods train)
(iii)- Direct governments to transport all the people who are on roads (out of desperation due to ill conceived, ill prepared and ill implemented lock-down) to their homes where they want to go, at government expenses.
(iv)- Lift the lock-down with condition (if Governments want so due to medical reasons) that people will wear masks and will maintain ( and title holders of premises and vessels will enforce) physical distancing to the extent possible (including in all the places where people assemble like in malls, hotels, public transports, work places, cinema-halls, religious places, educational places, sports grounds, stadiums etc)
(v)- Provide any other relief and remedy commensurate with the facts and circumstances of this matter.
With regards Your Honor’s truly
Hem Raj Jain
Presently at: Shakopee, MN, USA.