Supreme Court should be moved against Governments for criminal negligence about Coronavirus caused all-India lock-down. By Hem Raj Jain
29 Mar 2020
This refers to video ( https://www.youtube.com/watch?v=wL8OWY6KVIk ) by Faizan Mustafa the former Vice-Chancellor of NALSAR University of Law, Hyderabad, India on legal issues involved about problem of huge crowded exodus and resultant sufferings of migrant workers & others due to Coronavirus caused all-India lock-down, without proper preparations, inflicted by Government.
Faizan knows that 'Bhay bin hoy na preeti' (without fear there is no love). Hence Governments will care for the people only when they have a fear of prosecution in case of the criminal negligence by public servants. Therefore through your esteemed media Faizan (as a Law-academician engaged in a mission of educating the people about their rights) is requested to further enlighten the people (through another video or otherwise) in which legal points may be discussed that the Supreme Court of India (SCI) can be moved by the people under Article 32 of the Constitution to question the Governments of Union & States that how they have allowed the crowded migration of the people within and through and to other States from metros / big cities all over India, especially when it is against the policy of social-distancing [the main cause of lock-down (in order to stop the spread of infection / Coronavirus) at the cost of immense hardship to the people which otherwise is in utter violation of their enforceable fundamental / human rights of livelihood under Article 21 of the Constitution].
In case, if Coronavirus spreads in rural India due to these migrant workers and if in such unfortunate scenario some highly likely deaths happen in rural India due to these illegally-allowed crowded migrations then Faizan can further enlighten the people that another petition can be filed in SCI with a prayer to book criminal cases under section 304-A of I.P.C. against functionaries of Union & State governments (responsible for allowing, by acts of omission, the said illegal crowded migration) for death due to their rash & negligent acts . This petition in SCI will ensure that either Governments will not inflict such reckless lock-downs in future or will do it with proper preparations.
Here it is in context to add that the SCI has been taking suo-motto cognizance of matters important in wider public interest hence it will be in order if the SCI takes suo-motto cognizance of this matter in the interest of providing justice & succour to ~ 1.37 billion people of India.