TEAM CODE- PIL12

1ST ILNU PIL DRAFTING COMPETITION – 2020

BEFORE THE HON’BLE SUPREME COURT OF GOTHAM

ORIGINAL WRIT JURISDICTION

PUBLIC INTEREST LITIGATION

W.P. (CIVIL) NO. _________ OF 2020

SANITIZE AND STAY HYGIENIC (SASH) …………………………………PETITIONER

v.

UNION OF GOTHAM AND ANR. …………………………………………

RESPONDENTS

PETITION INVOKED UNDER ART. 32 OF THE CONSTITUTION OF GOTHAM

UPON SUBMISSION TO THE HON’BLE CHIEF JUSTICE AND HIS COMPANION

JUSTICES OF THE HON’BLE SUPREME COURT OF GOTHA

-INDEX- 1ST ILNU PIL DRAFTING
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IN THE HON’BLE SUPREME COURT OF GOTHAM

(ORIGINAL WRIT JURISDICTION)

WRIT PETITION (CIVIL) NO._______ OF 2020

PUBLIC INTEREST LITIGATION

SANITIZE AND STAY HYGIENIC (SASH) ….……PETITIONER

VERSUS

UNION OF GOTHAM AND ANR. ………RESPONDENT

INDEX

S.NO. PARTICULARS PAGE NO.

1. INDEX OF AUTHORITIES 2

2. SYNOPSIS 3-6

3. LIST OF DATES 7-11

4. WRIT PETITION WITH SUPPORTING AFFIDAVIT 12-30

5. VAKALATNAMA ON BEHALF OF THE PETITIONER 31-32

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INDEX OF AUTHORITIES

1) STATUTES –
a) Constitution of India, 1950.
b) Epidemic Diseases Act, 1897.
c) Disaster Management Act, 2005.

2) PRECEDENTS –
a) Maneka Gandhi v. Union of India 1978 SC 597.
b) State of Punjab & Ors. v. Mohinder Singh Chawla., (1997) 2 SCC 83.
c) Avishek Goenka vs Union of India & Anr (2012) 5 SCC 321.
d) Paramanda Katara v. Union of India AIR 1989 SC 2039.
e) Consumer Education & Research V. Union of India 1995 SCC (3) 42.
f) Andhra Pradesh V. Challa Ramkrishna Reddy & ors. Reported in AIR 2000 SC 2083.
g) TY Vatheeswaran v. State of Tamil Nadu reported in 1983 AIR 361.
h) Delhi Transport Corporation v. DTC Mazdoor Congress reported in 1990 SCR Supl.
(1) 142.
i) Paschim Bangal Khet Mazdoor samity v. State of West Bengal and Anr 1996 SCC (4)
37.
j) Mahadeo Savlaram Shelkae v. Pune Municipal Corporation, (1995) 3 SCC 33.
3) INTERNATIONAL CONVENTIONS –
a) Universal Declaration of Human Rights, 1948.
b) International Covenant on Civil and Political Rights, 1976.

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SYNOPSIS

The present writ petition which is submitted in the form of Public Interest Litigation has
been preferred by the petitioners before the Hon’ble Supreme Court out of growing concern
of the unprecedented pandemic which has hit the Republic of Gotham, after spreading its
wings worldwide. This Novel Virus, COVID-19 poses a great threat to the people and it
spreads just by touching. Once a person is exposed to the infection, the disease may develop
anytime between 1-14 days. The main symptoms of novel corona virus disease are fever,
cough, and difficulty in breathing. All suspected or probable cases of COVID-19 must be
treated in isolation with barrier nursing and universal precautions to prevent the further
spread of disease. It is admitted that the health infrastructure which is outstretched,
overstaffed and under resources. This virus is rapidly increasing and would end this human
race if proper precautions are not taken and in relation to the Republic of Gotham, where the
population is a major drawback in situations like this. The country is not prepared to deal
with this pandemic to deal with this pandemic if it hits the rural areas. The isolation and the
quarantine facilities are not sufficient to support the rural people. The disinfection which
needs to be done after every hour in the wards is not being done. The Lockdown may
decrease this virus but on a domestic level it proves to be worse for some. This directly
impacts individuals — and, specifically women — who are in abusive relationships, or
subject to domestic violence. It has a detrimental impact upon these peoples’ right to
physical safety and security; consequently, the State is obligated to put into place immediate
institutional mechanisms to respond swiftly and directly to cases of domestic violence. The
measures taken by the central and the state governments will, it is hoped, check and contain
the spread of the pandemic. In doing so, however, vital fundamental rights should not be
sacrificed, and it should not be the case that the cure becomes worse than the disease.

This pandemic forced respondents to take arbitrary capping actions to make testing labs
and private hospital beds. This is very unfortunate event for Republic of Gotham where
there is complete lockdown in the entire country. The testing for this novel virus is
exorbitant for the common citizen. These citizens are burdened by this plight. With
difficulty in finding the public labs, the common people are forced to get the test done in
private labs who take 4500 per test. This is unreasonable and depriving the accessibility to
the common people is violative of article 21 of the Constitution, and capping of prices of
testing labs and hospitals which are private is strikes at the Article 14 as being arbitrary
and reasonable. Respondents have the duty of protection right to equality and equal
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opportunities to all under Article 14 of constitution and mandates against Article 21 of the
Constitution. In the article published on 8.04.2020 in Economic times, it was given that the
test for this virus should be free of cost and the money spent should be reimbursed by the
government. In this era of globalization, where this pandemic is being brought from
outside the country, correct measures should be taken by the government to quarantine
them in an adequate way. But lack of the facilities may prove to be fatal for Gotham,
where once this pandemic rises to higher stage, it will be difficult to contain this. So the
respondent needs to make it their prominent priority to provide with the basic health
facilities to its citizens. In an article published in the Live law dated 11.04.2020, it was
said that this virus has disrupted the lives of many people as many people are stranded in a
room with those people who have COVID-19, they are there in a densely populated
without adequate ventilation, thereby rendering any kinds of social distancing, nearly
impossible. It is further noted that people with severe pre-existing medical conditions like
blood pressure, diabetes, respiratory diseases and children are also stranded there.

The Respondents due to this pandemic have invoked The Epidemic Act, 1897 have
invoked this act in all the States and Union Territories to invoke Section 2. On an article
published blogs.loc.gov dated 19.03.2020, it discusses about the Epidemic Act. This act is
archaic and has its limitations and during this modern era, its efficiency is questioned. The
article also focuses on the issue of public health being under the legislation on central and
the state government. Schools, Colleges, Malls and all the entertainment are being shut
down due to this pandemic and only utility and medical stores are open. However, Gotham
being a country of large population with diversity in socio-economic status, culture,
religion to name a few, is to prepare for a rapid response with regard to a virus which is
spreading like a wildfire. On a daily basis, sharing physical space with known & unknown
persons and coming in close proximity with persons & touching surfaces is inevitable.
Cultural aspect is being indicated for the purposes that we have different ways of greeting
one another by way of physical contact. Furthermore, we have different religions in our
country where congregations and rituals involving mass gatherings are part of the religion
in various religious places. Needless to say, that poverty which is being reflected by the
BPL card holders, if that alone is taken as a parameter for this purpose will reflect that the
people cannot be put in isolation as their livelihood is contingent on daily wages to sustain
themselves. Public transportation including Railways being the lifeline of the country,
carrying crores of people every day forces people to be confined in close proximity with
one another. It is fearsome to think that one innocuous person who being a carrier of

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COVID-19 is in the crowd, coming in contact with a large population, which may result in
an unthinkable catastrophe.

In the Preamble of WHO, it is mentioned it includes adequate availability of primary

health care professionals, the distribution health services through insurance, and national
policies to be meet the need at the community level for primary health care. And it the
duty of the government to take proper measures and help its citizens financially. Article
25(1) of UN Declaration of Human Rights says that everyone has a right to adequate
health I the times of disability, pandemic and extreme conditions. In the article published
in Economic Times dated 22.03.2020, Epidemic Act should be repealed as it doesn’t
provide the power to the centre to intervene in biological emergencies. It lacks provisions
to deal with extreme conditions and legal inadequacy is the major drawback of it. The
government, thus, needs new provisions to be taken for the public good which deals with
bioterrorism and international spread of diseases. The Act does not reflect the realities of
the spread of disease in the modern world, nor does it cover the framework to effectively
respond to the outbreak. This is why India needs a modern public health law. Under
current laws, police can charge someone under IPC’s Section 269 for negligent act and
Section 270 for malignant act for spreading an infectious disease which is dangerous to
life. The provisions of the Act state that the government can fine people or imprison them
for violating rules and regulations, set to contain the outbreak. Section 3 of the Act says
any person disobeying any regulation or order made under this Act shall be deemed to
have committed an offence punishable under Section 188 of the Indian Penal Code.

The constitution of Gotham provides its citizens provides right to safety and right to
healthy standard of living along with improved health thereby providing adequate facilities
to its citizens. Article 47 of Directive Principles of the Constitution provides “duty of the
State to raise the level of nutrition and the standard of living and to improve public
health.” It can also be related to Article 21 which talks about “right to live with human
dignity” which means right to health.

In Mahadeo Savlaram Shelkae v. Pune Municipal Corporation., (1995) 3 SCC 33, this
Hon’ble Court held that the Courts should necessarily consider the effect of public and
should suitably mould the relief. Furthermore, in Cooper v. Union of India, this Hon’ble
Court observed that that the right to personal liberty in Article 21 must be read with Article
19 and Article 14, whenever necessary with a view to strengthen the right to personal
liberty. Furthermore, this Hon’ble Court in the matter of State of Punjab & Ors. v.

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Mohinder Singh Chawla., (1997) 2 SCC 83 held that ‘Right to Health’ is an integral to right
to life. Government has constitutional obligation to provide the health facilities. This
Hon’ble Court is the guardian of the Constitution and all persons governed by it. Therefore,
in the larger public interest, the Petitioners have preferred the instant Public Interest
Litigation before this Hon’ble Court.

In the case of State of Andhra Pradesh v. Challa Ramkrishna Reddy & ors reported in AIR
2000 SC 2003 that, “Right to life is one of the basic human rights. It is guaranteed to every
person by Article 21 of the Constitution and not even the state has the authority to violate
that right. A prisoner be he convict or under trial or a detainee does not cease to be a human
being. Even when lodged in jail, he continues to enjoy all his fundamental rights including
the right to life guaranteed by the constitution.”

In Consumer Education & Research v. Union of India 1995 SCC (3) 42 this Hon’ble court
has held as follows: “27. Therefore, we hold that right to health, medical aid to protect the
health and vigour to a worker while in service or post retirement is a fundamental right
under Article 21, read with Articles 39(e), 41, 43, 48A and all related Articles and
fundamental human rights to make 30 the life of the workman meaningful and purposeful
with dignity of person”. Similarly, in State of Punjab & Ors. v. Mohinder Singh Chawla
Civil Appeal No. 16980-81 of 1996 this Hon’ble court again reiterated the broader meaning
of the right to life and found it to be inclusive of the right to receive the necessary and
adequate treatment.

The decision which should be taken should be in the mandates of public policy and it should
be considered keeping with the circumstances of what is against the public good from time
to time. The court must take decision in consonance with the public conscience and public
good should be made public policies and what is not good shall be consented against. These
policies are made to bring progress in the society and bring an egalitarian social order
through the law and order. The public policies, social, justice progress is given in Preamble,
Part III and Part IV of the Constitution. This was also highlighted in the case Delhi
Transport Corporation vs. DTC Mazdoor.

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LIST OF DATES

12.12.2019 In Divided States, first patient showed

symptoms of COVID-19, however the
nature was unknown.
26.12.2019 It was reported that in the capital of
Springfield, Divided States, scientists
began studying the novel contagious
disease, wherein the preliminary genetic
sequencing data included presence of a
coronavirus respiratory syndrome (SARS).
11.01.2020 The WHO termed the novel coronavirus as
COVID-19.

22.01.2020 The Authorities of Divided States ordered

quarantine of more than 60 million people
in Springfield.
10.02.2020 ANNEXURE P1 –
An article published in India Today
delineated that Government was in process
of acquiring 20,000 PPE kits and aimed to
stock up at least 50,000 PPE kits as a
preventive measure. Furthermore, the
States and Union Territories were asked to
review the availability of earmarked
isolation PPE kits and N95 masks for
adequate preparedness.
18.02.2020 ANNEXURE P2 –
An article published in “The Times of
India” titled ‘4 key dates, 4 missed chances:
How China failed to contain coronavirus’
29.02.2020 ANNEXURE P3 –
An article published in the Live Mint
reported that India is yet to develop a
robust primary care, quality emergency
response infrastructure. Furthermore, it
emphasized on need of our Country to
promptly review its lab capabilities to
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ensure effective and quick diagnosis if the
virus spreads in-country. Also an article
titled ‘Coronavirus: Crucial India be extra
vigilant, health experts say’ was published.
11.03.2020 ANNEXURE P4 –
An article published in “The Economic
times” reported that Government call of
invoking the provision of section 2 of the
Epidemic act, 1871.
12.03.2020 ANNEXURE P5 –
An article was published in the Independent
reported that Government issued
notification to ban all visitors from entering
in country for month and appealed all
citizens to avoid unnecessary travelling and
also ban tourist visas and lock down all
tourist places in India for a month to curb
the COVID-19.
13.03.2020 Our country having a population of over
130 crore had tested only 5900 persons
with an average of 5 tests per million.
16.03.2020 ANNEXURE P6 –
An Article published by Bar and Bench
reported that the reported number of
infected persons appears to be less due to
inadequate number of testing centers.
16.03.2020 ANNEXURE P7 –
An article “Government combat readiness
for exigency” was published by Livelaw.in
reported that we should ally more thermal
screening at public places and to make
available temporary beds and increase the
facility of Quarantine.
17.03.2020 ANNEXURE P8 –
An article was published I Quartz India
reported people are fleeing from the

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isolation ward because of pathetic
condition of the public health care center.
21.03.2020 ANNEXURE P9 –
An Article ‘Coronavirus in India: PIL in
Delhi HC seeks distribution of face-masks,
hand sanitizers to prisoners” published by
India Today reported that the governments
are taking necessary steps and precautions
to contain the spread of the virus, but "jails
across India are so far neglected"
23.03.2020 ANNEXURE P10 –
An Article ‘Modi govt is using two laws to
tackle coronavirus spread. But one of them
needs changes” published by The Print
reported that The Ministry of Home Affairs
has passed an order invoking the Disaster
Management Act, 2005 under which the
Union home secretary, who is the chairman
of the National Executive Committee,
delegated power to the Union health
secretary to enhance the preparedness and
containment of COVID-19.
24.03.2020 The Government of Gotham ordered a
nationwide lockdown for 21 days, limiting
movement of the entire 1.3 billion
population of India as a preventive measure
against the 2020 coronavirus pandemic in
Gotham.
27.03.2020 ANNEXURE P11 –
An article Stigmatized: India’s coronavirus
‘heroes’ come under threat” was
published in ALZAZEERA reported that
health workers and airlines staff are under
threat.
30.03.2020 ANNEXURE P12 –
An article ‘COVID-19 Health ministry
issue advisory for the aged people” was
published on the economics time reported
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that health minister has issued guidelines
for the elder people to take precautionary
measures.
08.04.2020 ANNEXURE P13 –
An Article published by “The Economic
Times” reported that “Laying emphasis on
the urgency of increased testing for novel
coronavirus, the Supreme Court today
directed the government to issue directions
to approved testing laboratories for
conducting COVID-19 tests free of cost.
09.04.2020 ANNEXURE P14 –
An Article “Coronavirus and the
Constitution – XI: The Supreme Court’s
Free Testing Order” was published by
Indian Constitutional and Philosophy titled
“reported that Corona virus is not only
question of health but is pose also question
of equality.
10.04.2020 ANNEXURE P15 –
An article was published by the Hindustan
Times reported that a vulnerable section of
the society is most affected by the
nationwide “Lockdown”.
12.04.2020 ANNEXURE P16 –
An article published by The Guardian
reported that Scientist asserted that it will
take 12-18 months to make vaccine for the
COVID-19.
14.04.2020 The Prime minister extended the
nationwide lockdown till 3 May, with a
conditional relaxation after 20 April for the
regions where the spread has been
contained.
15.04.2020 ANNEXURE P17 –
An Article ‘Private Covid-19 tests free only

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for poor: Supreme Court amends its order’
published by Hindustan Times reported that
the Supreme Court has amended its verdict
delivered last week that forced private
laboratories to offer free Covid-19 testing
to everyone.

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IN THE HON’BLE SUPREME COURT OF GOTHAM

(CIVIL ORIGINAL JURISDICTION)

WRIT PETITION (CIVIL) NO. OF 2020

UNDER ARTICLE 32 OF THE CONSITUTION OF INDIA

(IN THE MATTER OF PUBLIC INTEREST LITIGATION)

IN THE MATTER OF:

SANITIZE AND STAY HYGIENIC (SASH) ORG...............PETITIONER

VERSUS

UNION OF GOTHAM

Through the Secretary

Ministry of Home Affairs

Ludo Street, Gotham............................................................RESPONDENT 1

MINISTRY OF HEALTH AND FAMILY WELFARE

Through its Secretary

Ludo Street, Gotham. ……………………………………..RESPONDENT 2

MINISTRY OF FINANCE

Through its Secretary

Ludo Street, Gotham……………………………………...RESPONDENT 3

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A WRIT PETITION UNDER ARTICLE 32 OF THE

CONSTITUTION OF INDIA IN THE NATURE OF PUBLIC
INTERST LITIGATION FOR ISSUANCE OF WRIT IN THE
NATURE OF MANDAMUS. THERE BY, PRAYING BEFORE
HON’BLE COURT TO DIRECT THE RESPONDENTS TO
ENSURE WIDESPREAD ACCESSIBILITY OF THE TESTING
CENTRES GIVEN THE HUGE POPULATION OF OUR
COUNTRY;TO EXPONENTIALLY INCREASE
QUARANTINE/ISOLATION CENTRES IN THE EVENT OF
FURTHER OUTBREAK OF COVID-19; AND TO MAKE
AVAILABLE TEMPORARY HOSPITAL BEDS AND SUCH
OTHER FACILITIES FOR RURAL PATIENTS TO BE
COMBAT READY FOR ANY EXIGENCY IN CASE OF A
POSSIBLE OUTBREAK IN RURAL GOTHAM; AND TO
FACILITATE THERMAL SCREENING AT PUBLIC PLACES
AS A PRECAUTIONARY MEASURE TO CONTAIN THE
OUTBREAK OF COVID-19; AND TO MAKE
ARRANGEMENTS FOR THE PRISONERS IN THE VARIOUS
PRISONS AND THEIR SANITATION FACILITIES IN
GOTHAM.

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TO,

THE HON’BLE CHIEF JUSTICE OF

GOTHAM AND HIS COMPANION JUSTICES

OF THE SUPREME COURT OF GOTHAM.

THE HUMBLE PETITION OF THE

PETITIONER ABOVE- NAMED

MOST RESPECTFULLY SHEWETH:

A. That the Petitioner above named has preferred the instant Public Interest
Litigation vide a civil writ petition seeking an appropriate order or direction from
this Hon’ble Court directing the Respondents to exponentially increase the
number of authorized laboratories for testing Coronavirus (COVID-19) in order
to ensure widespread accessibility of the testing centers given the huge
population of our country; to exponentially increase quarantine/isolation centers
in the event of further outbreak of COVID-19; and to make available temporary
hospital beds and such other facilities for rural patients to be combat ready for
any exigency in case of a possible outbreak in rural Gotham; and to facilitate
thermal screening at public places as a precautionary measure to contain the
outbreak of COVID-19; and to make arrangements for the prisoners in the
various prisons and their sanitation facilities in Gotham.
B. The Petitioner herein has no vested interest or ulterior motive in filing the
present Petition, and the same has only been filed to secure larger public interest.
The Petitioner is not guided by self-gain or for gain of any other
person/institution/body. Further, the Petitioner is approaching this Hon’ble Court
with clean hands and sole intention of addressing the larger public concern to
secure the fundamental rights of the citizens of Gotham.
C. That the Petitioner is not involved in any criminal, civil, revenue or other
litigation that has any legal nexus with the issues involved in the present
litigation in the public interest.
D. That the petitioner is filing this Writ Petition on his own violation and he shall be
liable to pay costs as ordered by this Hon’ble Court in the event it is found out
that this petition is filed for any personal gain or oblique motive.
E. That on 11.01.2020, The WHO termed the novel coronavirus as ‘COVID-19’.
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F. That on 10.02.2020, An Article published by India Today reported That
Government was in process of acquiring 20,000 Personal Protection Equipment
(PPE) kits and aimed to stock up at least 50,000 PPE kits as a preventive
measure. Furthermore, the States and Union Territories were asked to review the
availability of earmarked isolation PPE kits and N95 masks for adequate
preparedness. True Typed Copy of the article published in India Today dated
10.02.2020 titled ‘Coronavirus: Govt. aims to stock up 50,000 personal
protection equipment for medical staff’ is marked and annexed as ANNEXURE
P1.
G. On 18.02.2020 in an article published by The Times of India reported that in
China on 12.12.2019 doctors first noticed a Chinese patient display symptoms of
a highly contagious disease, however the exact nature of the said virus was
unknown. Furthermore on 26.12.2019 it was reported that in the capital of Hubei
Province, Central China, scientists began studying the novel contagious disease,
wherein the preliminary genetic sequencing data included presence of a
coronavirus respiratory syndrome (SARS). Moreover, on 22.01.2020 The
Chinese Authorities ordered quarantine of more than 60 million people in the
Hubei Province, Wuhan. True Typed Copy of an article published in the Times
of India dated 18.02.2020 titled ‘4 key dates, 4 missed chances: How China
failed to contain coronavirus’ is marked and annexed as ANNEXURE P2.
H. That on 29.02.2020 an article published by the Live Mint reported that India is
yet to develop a robust primary care, quality emergency response infrastructure.
Furthermore, it emphasized on need of our Country to promptly review its lab
capabilities to ensure effective and quick diagnosis if the virus spreads in-
country. At least one hospital per city should be made ready with quarantine
facility. True Typed Copy of the article published in Live Mint dated 29.02.2020
titled ‘Coronavirus: Crucial India be extra vigilant, health experts say’ is marked
and annexed as ANNEXURE P3.
I. That on 11.03.2020 an article published in The Economic times reported that
Government call of invoking the provision of section 2 of the Epidemic act,
1871. Section 2 of the Act reads: "When at any time 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, the State Government, if it thinks
that the ordinary provisions of the law for the time being in force are insufficient

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for the purpose, may take, or require or empower any person to take, such
measures and, by public notice, prescribe such temporary regulations to be
observed by the public or by any person or class of persons as it shall deem
necessary to prevent the outbreak of such disease or the spread thereof, and may
determine in what manner and by whom any expenses incurred (including
compensation if any) shall be defrayed. True copy of this article published dated
on 11-02-2020. Title “COVID-19 Government call for invoking provision of
Epidemic Act” is marked and annexed as ANNEXURE P4.
J. That on 12.03.2020 an article was published in the Independent reported that
Government issued notification to ban all visitors from entering in country for
month and appealed all citizens to avoid unnecessary travelling and also ban
tourist visas and lock down all tourist places in India for a month to curb the
COVID-19. Title of the article “Coronavirus: India ban all travelers from
entering country in unprecedented move.” is marked and annexed as
ANNEXURE P5.
K. That on 16.03.2020, An Article published by Bar and Bench reported that the
reported number of infected persons appears to be less due to inadequate number
of testing centres. Furthermore, the reported quarantine and isolation centres as
enlisted by the Government, too, are insufficient in comparison with the
population of our country. The Article also focused on the increase in number of
confirmed cases throughout the world as “… since the initial outbreak till
13.03.2020, our country having a population of over 130 crore had tested only
5900 persons with an average of 5 tests per million. However, as of March 9th,
2020 South Korea tested 2, 10,144 persons; US tested 8,554 persons UK tested
26,261 persons; France tested 11,895 persons; Hong Kong tested 16,000 persons,
Italy tested 60,761 persons to name a few." True Typed Copy of the article
published in Bar and Bench dated 16.03.2020 titled ‘[Coronavirus] Infection
underestimated due to inadequate testing: PIL in SC urges for "exponentially
increasing" testing labs in India’ is marked and annexed as ANNEXURE P6.
L. That on 16.03.2020 an article was published by Livelaw.in reported that we
should ally more thermal screening at public places and to make available
temporary beds and increase the facility of Quarantine. In India has appeared less
cases due to lack of proper equipment as compared to other countries. So
Government should proliferate the testing centre and state should be make robust

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system to make easy access of testing labs and for rural people. It is contended
that Government should build primary health care centre at district block so that
each district protect itself from virus. True copy of the article published in live
law dated 16-03-2020. Title of this article “Government combat readiness for
exigency” is marked and annexed as ANNEXURE P7.
M. That on 17.03.2020 an article was published I Quartz India reported people are
fleeing from the isolation ward because of pathetic condition of the public health
care center. The primary health care center in some part in India are in shamble.
So people avoiding to admit in public health care center. Government should
maintain hygiene level of the centers to protect ourselves from the deadly virus.
Title of the article “Why patient are fleeing India’s isolation ward?”
ANNEXURE P8.
N. That on 21.03.2020, An Article published by India Today reported that the
governments are taking necessary steps and precautions to contain the spread of
the virus, but "jails across India are so far neglected" from the purview of such
precautions citing the data that "there is the capacity of 5,200 inmates, whereas
at present there are "more than 12,100 inmates lodged in Tihar Jail" itself. Such
figures clearly show that the prison Tihar Jail is excessively overcrowded and
functioning beyond its capacity and similar situation are prevailing with most of
the jails in India. True Typed Copy of the article published in India Today dated
21.03.2020 titled ‘Coronavirus in India: PIL in Delhi HC seeks distribution of
face-masks, hand sanitizers to prisoners’ is marked and annexed as
ANNEXURE P9.
O. That on 23.03.2020, An Article published by The Print reported that The
Ministry of Home Affairs has passed an order invoking the Disaster
Management Act, 2005 under which the Union home secretary, who is the
chairman of the National Executive Committee, delegated power to the Union
health secretary to enhance the preparedness and containment of COVID-19.
Dated 11 March, the order has been implemented retrospectively, and is in effect
from 17 January. On the same day, the Narendra Modi government also ordered
the states to implement the Epidemic Diseases Act, 1897 to effectively enforce
its advisory. True Typed Copy of the article published in The Print dated
23.03.2020 titled ‘Modi govt is using two laws to tackle coronavirus spread. But
one of them needs changes’ is marked and annexed as ANNEXURE P10.

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P. That on 24.03.2020, the Government of Gotham ordered a nationwide lockdown
for 21 days, limiting movement of the entire 1.3 billion population of India as a
preventive measure against the 2020 coronavirus pandemic in Gotham.  It was
ordered after a 14-hour voluntary public curfew on 22 March, followed by
enforcement of a series of regulations in the country's COVID-19 affected
regions.
Q. That on 27.03.2020 an article was published in ALZAZEERA reported that
health workers and airlines staff are under threat. Many of them were expel by
the landlords over the fear of infection. Security guard stop tem entering in their
own resident over the apprehension of the virus. Government must take strict
action against those who harass the unsung heroes. Title of this article
“Stigmatized: India’s coronavirus ‘heroes’ come under threat” ANNEXURE
P11.
R. That on 30.03.2020 an article was published on the economics time reported that
health minister has issued guidelines for the elder people to take precautionary
measures. Elder people should wash their hand and face at regular internal and
maintain social distancing to avoid in come to contact with virus because aged
people have weak immune system so. They can easily come in contact with the
virus and advise to take only health food. True copy of the article published in
the economics times dated. Title of this article ‘COVID-19. Health ministry issue
advisory for the aged people” is marked and annexed as ANNEXURE P12.
S. That on 08.04.2020, An Article published by The Economic Times reported that
“Laying emphasis on the urgency of increased testing for novel coronavirus, the
Supreme Court today directed the government to issue directions to approved
testing laboratories for conducting COVID-19 tests free of cost. This comes
hours after the top court suggested that the Centre should create a mechanism
wherein private laboratories did not charge exorbitant fees from public and
government should reimburse the fees charged by labs.” True Typed Copy of the
article published in The Economic Times dated 08.04.2020 titled ‘COVID-19
Tests must be free in government private labs: Supreme Court’ is marked and
annexed as ANNEXURE P13.
T. That on 9.4.2020 an article was published by Indian Constitutional and
Philosophy titled “reported that Corona virus is not only question of health but is
pose also question of equality. Article 21 of the Indian Constitution cover right

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to live in which it cover also right to health but a core Article 14 which prohibit
discrimination. Here, the issue is price based test of COVID-19 which every
citizen cannot afford the cap of 4500 put by the central government for testing.
This impact does not affect the individual but also affect the person around them.
State must conduct free testing of COVID-19 because it would be discriminated
with the person who has low income. The true copy published in Indian
Constitutional law and Philosophy titles is “Coronavirus and the Constitution –
XI: The Supreme Court’s Free Testing Order” is marked and annexed as
ANNEXURE P14.
U. That on 10.4.2020 an article was published by the Hindustan Times reported that
a vulnerable section of the society is most affected by the nationwide
“Lockdown”, it was observed during the exodus of the immigrant from the
cities... Especially daily wage-workers are adversely affected by the imposition
of curfew in the city. It created constitution challenge for the state to address this
situation. It is noted by the Supreme Court that right to live under the
constitution of India is not only confine to “bare animal existence” it provide
right to life with dignity and proper livelihood. After the imposition of curfew
daily wage-worker do not have shelter to live and proper food so that they can
survive for long time. It posed challenge for state to provide shelter and food to
people. True copy of the article is published in Hindustan times dated 10-4-2020
titled “The lockdown must not undermine citizen rights” is marked and annexed
as ANNEXURE P15.
V. That on 12.04.2020 an article published by The Guardian reported that Scientist
asserted that it will take 12-18 months to make vaccine for the COID-19. True
copy of this article published on 12-04-2020 title “Coronavirus vaccine – when
will we have one?” is marked and annexed as ANNEXURE P16.
W. On 14.04.2020, The Prime minister extended the nationwide lockdown till 3
May, with a conditional relaxation after 20 April for the regions where the
spread has been contained.

X. That on 15.04.2020, An Article published by Hindustan Times reported that the

Supreme Court has amended its verdict delivered last week that forced private
laboratories to offer free Covid-19 testing to everyone. On Monday, the two-
judge bench comprising justices Ashok Bhushan and S Ravindra Bhat ordered
that only people who could not afford Rs 4,500 for the test should be tested free
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by private laboratories. True Typed Copy of the article published in Hindustan
Times dated 08.04.2020 titled ‘Private Covid-19 tests free only for poor:
Supreme Court amends its order’ is marked and annexed as ANNEXURE P17.
Y. That the present petition is bonafide in nature and largely issued in public
interest as per the below mentioned grounds.

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GROUNDS

A. The Petitioner herein is approaching this Hon’ble Court under Article 32 of the
Constitution of India, on the following grounds inter alia –
1. BECAUSE, The Supreme Court is the guardian of the Indian Constitution. It
protects the right which Enshrine in the Constitution of the India. Under
Article 21 Right to life includes right to live with dignity and right to health.
Further, Directive Principle of State Policy:
Under article 38 - The State has constitutional obligation to maintain social
order for promotion of welfare of the people (1) The state must make effort
to provide equal opportunity and mitigate inequalities.
Under article 43 (Living Wages) – The state shall ensure to all worker a
decent standard of living by providing economic benefits.
Under article 47 (Primary health facility) - It is duty of State to provide basic
necessity of health Facility.
Entry 29 of the Concurrent list- State must strive to confine the contagious
diseases from spreading one state to other.
2. BECAUSE the first case of COVID -19 was detected in the Divided States
last November. In January World Health Organization confirmed that novel
coronavirus was caused by the respiratory illness. Further it ‘spread like a
plague’ to other countries and it has affected more than lacs of people around
world. In March World Health Organization Head Tedros Adhanaom
declared it as Pandemic. It became severe problem for world and it posed a
gigantic challenge for countries, organization and institution to confine it but
in the countries like Italy. U.S.A Spain etc. situation became out of control.
In India first was reported in January in Kerala further it spreads to different
parts of the countries.
3. BECAUSE the Government took rapidly precautionary measure to control it
from spreading to other areas. The civil aviation minister took major step by
adopting thermal screening at various international airport like Indira Gandhi
International airport, Bengaluru, Ahmedabad, Chennai, Kerala etc. And
made compulsory 14 days quarantine for those who travelled to China. In
February other countries like U.S.A, Iran, Malaysia, Singapore, and South

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Korea etc. were also added in the list etc. and Gotham stopped issuing new
visas.
4. BECAUSE Article 25(1) of Universal Declaration of Human Rights,
hereinafter “UDHR”, holds as follows:
“Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, and housing
and medical care and necessary social services, and the right to security in
the event of unemployment, sickness, disability, widowhood, old age or other
lack of livelihood in circumstances beyond his control.”
And Article 51 of the Constitution of India, 1950 requires the state to foster
respect for international law and treaty obligations. In the light of Gotham’s
voluntarily undertaken commitments, it becomes imperative for the state to
provide for the needy in during this pandemic. Such assistance can be
achieved, in true sense, by bringing all health care facilities in the total
control of government and making them a service provider to needy free of
the cost.
5. BECAUSE The Preamble of the Constitution of the World Health
Organization defines health positively, as complete physical, mental and
social well-being, not merely negatively as the absence of disease or
infirmity. The Preamble also notes that the achievement of any state in the
promotion and protection of health is of value to all. In the Status Quo of our
country, it is pertinent to note that the government must protect the health of
the citizens at utmost priority by providing all the health care facilities to
them as they require. In this situation of Pandemic, the government of
Gotham must fulfil all these requirements.
6. BECAUSE The Republic of Gotham being a party to the International
Covenant on Economic, Social and Cultural Rights, must adhere to
Article 12 of the said covenant, which states as follows:
“1. The States Parties to the present Covenant recognize the right of
everyone to the enjoyment of the highest attainable standard of physical and
mental health.
2. The steps to be taken by the States Parties to the present Covenant to
achieve the full realization of this right shall include those necessary for:

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(a) The provision for the reduction of the stillbirth-rate and of infant
mortality and for the healthy development of the child;
(b) The improvement of all aspects of environmental and industrial hygiene;
(c) The prevention, treatment and control of epidemic, endemic,
occupational and other diseases;
(d) The creation of conditions which would assure to all medical service and
medical attention in the event of sickness.”
Clause 1 of the above mentioned article puts obligation on the Republic of
Gotham to provide the highest possible attainment of the mental and physical
health to its citizens. In the Instant Scenario, The Government must fulfil its
international obligations by following the guidelines of this article,
implementing clause 2, sub-clause (c) and (d) of the same. The State must
ensure all the required medical services such as testing, quarantine facilities,
isolation centers, and medical equipment in the event of this pandemic
COVID-19.
7. BECAUSE Gotham is one of the largest populated country in the world.
Majority of people live in rural areas and live in very unhygienic condition
and they do not have adequate facility to protect themselves from COVID-
19, If it exigency into rural areas. Example of Dharavi (Mumbai) largest
slum of Asia this is highly prone to sanitization. In recent time some cases
has been reported from this area it became severe problem for state to protect
the people from this area because they live in congested and in unhygienic
situation. Therefore, in this areas COVID-19 can transmit easily from one
person to other. In rural areas primary health care center has also not ample
equipment to provide adequate facility to people.
8. BECAUSE Section 2 of The Epidemic Diseases Act, 1897 provides as
follows:
“2. Power to take special measures and prescribe regulations as to
dangerous epidemic disease.—(1) When at any time 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, the [State
Government], if [it] thinks that the ordinary provisions of the law for the
time being in force are insufficient for the purpose, may take, or require or
empower any person to take, such measures and, by public notice, prescribe

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such temporary regulations to be observed by the public or by any person or
class of persons as [it] shall deem necessary to prevent the outbreak of such
disease or the spread thereof, and may determine in what manner and by
whom any expenses incurred (including compensation if any) shall be
defrayed.
(2) In particular and without prejudice to the generality of the foregoing
provisions, the [State Government] may take measures and prescribe
regulations for—* * * * *
(b) The inspection of persons travelling by railway or otherwise, and the
segregation, in hospital, temporary accommodation or otherwise, of persons
suspected by the inspecting officer of being infected with any such disease.*
* * * *”
The plain and unambiguous words of the aforesaid section of the said Act
makes it amply clear that State Governments, ‘Public Health and sanitation;
hospitals and dispensaries’ being the entry 6 in the List II State List, seventh
schedule of the Constitution of India, 1950, are well within their rights to
make the regulations on temporarily basis to be followed by any class of
person in order to prevent the outbreak of a dangerous epidemic. In the
present context of pandemic COVID-19, it will serve a great common good
and public interest if the State Governments may be issued a writ of
mandamus, order or direction to nationalise/take control of all the health care
facilities within their territories or in alteration may be issued a writ of
mandamus, direction or order to make a regulation forthwith to be observed
by all private health care providers to test and treat all the patients suffering
from or are suspected to be suffering from COVID-19 till the further
notice/order.
9. BECAUSE In March, PM announced nationwide lockdown to control the
COVID -19 from spreading one area to another. Some challenges has been
arise before the state like major issue is Exodus of migrant worker. It is
estimated that around 139 million people across the countries live in other
cities for employment and they do work in various sector like factories,
shops, construction sites etc. after the curfew they were left with no
livelihood. Article 21 of the Indian Constitution ensures right to live with
dignity and with means of livelihood and Article 43 of the Constitution

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empowers the state to ensure decent living of standard. Therefore the State
must arrange the transportation facility to commute them to their native place
and those who left behind for them made temporary residential inn to
maintain their dignity.
10. BECAUSE this Hon’ble Court in the case of Maneka Gandhi v. Union of
India 1978 SC 597 stated: “Right to life enshrined under Article 21 means
something more than animal instinct and includes the right to live with
human dignity, it would include all aspects which would make life
meaningful, complete and living.”
11. BECAUSE this Hon’ble Court in the matter of State of Punjab & Ors. v.
Mohinder Singh Chawla., (1997) 2 SCC 83 held that ‘Right to Health’ is an
integral to right to life. Government has constitutional obligation to provide
the health facilities.
12. BECAUSE this Hon’ble Court in the matter of Avishek Goenka v. Union Of
India & Anr (2012) 5 SCC 321 held that whatever are the rights of an
individual, they are regulated and controlled by the statutory provisions of
the Act and the Rules framed thereunder. The citizens at large have a right to
life i.e. to live with dignity, freedom and safety. This right emerges from
Article 21 of the Constitution of India. As opposed to this constitutional
mandate, a trivial individual protection or inconvenience, if any, must yield
in favour of the larger public interest.
13. BECAUSE the Hon’ble Supreme Court in Paramanda Katara v. Union of
India AIR 1989 SC 2039 held that preservation of life is of utmost
importance, because if one’s life is lost, the status qunte ante cannot be
restored as resurrection is beyond the capacity of man’. Therefore, ‘Right to
life’ is a basic and inalienable right of man which shall not be subjected to
unwarranted hazards.
14. BECAUSE Argumentum ab auctoritate fortissimum est in lege. Hence, the
abovementioned judgments substantiate Article 21 has been infringed as the
persons ‘Right to Safety’ and inadvertently, ‘Right to Life’ has been
compromised with. The abovementioned judgements place the onus of
provision of a safe environment curtailing the outbreak of an epidemic upon
the State. In light of the above, it is pertinent to note that Article 21 embarks
that right to life does not mean mere existence, but life with dignity.

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15. BECAUSE In the case of Consumer Education & Research V. Union of
India 1995 SCC (3) 42 this Hon’ble court has held as follows: “27.
Therefore, we hold that right to health, medical aid to protect the health and
vigor to a worker while in service or post retirement is a fundamental right
under Article 21, read with Articles 39(e), 41, 43, 48A and all related
Articles and fundamental human rights to make 30 the life of the workman
meaningful and purposeful with dignity of person”.
16. BECAUSE it is a matter of Right to life and liberty enshrined in the Article
21 of the Indian Constitution. That it has been stated by the Hon’ble Apex
Court in the case of State of Andhra Pradesh V. Challa Ramkrishna Reddy
& ors. Reported in AIR 2000 SC 2083 that, “Right to life is one of the basic
human rights. It is guaranteed to every person by Article 21 of the
Constitution and not even the state has the authority to violate that right. A
prisoner be he convict or under trial or a detainee does not cease to be a
human being. Even when lodged in jail, he continues to enjoy all his
fundamental rights including the right to life guaranteed by the constitution.”
17. BECAUSE it has been stated in the case of TY Vatheeswaran vs. State of
Tamil Nadu reported in 1983 AIR 361 that, “Prison walls do not keep out
fundamental rights.” That it must be stated that on the touchstones of
equality, justice and public policy the state can take strict actions in light of
the circumstances. That it has been specifically been stated in the case of
Delhi Transport Corporation vs. DTC Mazdoor Congress reported in 1990
SCR Supl. (1) 142 that, “…The phrases "public policy", opposed to public
policy, or "contrary to public policy" are incapable of precise definition. It is
valued to meet the public good or the public interest. What is public good or
in the public interest or what would be injurious or harmful to the public
good or the public interest vary from time to time with the change of the
circumstances. Therefore, in the absence of specific head of public policy
which covers a case, then the court must in consonance with public
conscience and in keeping with public good and public interest invent new
public policy and declare such practice or rules that are derogatory to the
constitution to be opposed to public policy. The rules which stem from the
public policy must of necessity be laid to further the progress of the society,
in particular when social change is to bring about an egalitarian social order

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through rule of law. In deciding a case which may not be covered by
authority, courts have before them the beacon light of the trinity of the
Constitution viz., the preamble, Part III and Part IV and the play of legal
light and shade must lead on the path of justice social, economic and
political. Lacking precedent, the court can always be guided by that light and
the guidance thus shed by the trinity of our Constitution.

18. BECAUSE It was observed in the case of Paschim Bangal Khet Mazdoor
samity v. State of West Bengal and Anr 1996 SCC (4) 37 that,”Providing
adequate medical facilities for the people is an essential part of the
obligations undertaken by the Government in a welfare state… Failure on
the part of a Government hospital to provide timely medical treatment to a
person in need of such treatment results in violation of his right to life
guaranteed under Article 21.” Further in this case, their lordships of this
Hon’ble court held that,” It is no doubt true that financial resources are
needed for providing these facilities. But at the same time it cannot be
ignored that it is the constitutional obligation of the State to provide
adequate medical services to the people. Whatever is necessary for this
purpose has to be done.” The Present case gives ulterior motive to the
government to take actions for ensuring health of the citizens of Gotham.

19. BECAUSE it is humbly submitted that this Hon’ble court may intervene in
this present situation and safeguard the rights and interests of the citizens and
persons Boni Judicis Est Judiciumsine Dilatione Mandare Executioni.

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PRAYER
In the facts and arguments mentioned above, it is, therefore, most humbly prayed before the
Hon’ble Apex Court may graciously be pleased to:
(a) Issue a writ of mandamus or any other appropriate writ, order, direction or may directly
order the Respondents to make adequate pathological hospitals/labs for testing of COVID-19 to
access testing facilities in the whole country given the large population of the country;
(b) Issue a writ of mandamus or any other appropriate writ, order, direction or may directly
order the Respondents to formulate of National COVID-29 Management Protocol to deal with
health risks posed to health workers while working with the infected patients;
(c ) Issue a writ of mandamus or any other appropriate writ, order, direction, or may order the
Respondents to for free testing facilities and treatment for everyone in case of infection of
COVID-19 and also to the health care workers while they are in isolation;
(d) Issue a Writ of Mandamus or any other appropriate writ, order or ,may order the
Respondents to exponentially increase quarantine/isolation centres in the event of further
outbreak of COVID-19;
(e) Issue a Writ of Mandamus or any other appropriate writ, order or may order the
Respondents to facilitate thermal screening at public places as a precautionary measure to
contain the outbreak of COVID-19;
(f) Issue an order to declare the actions of Respondents as being arbitrary and unconstitutional
violating the Article 14 and 21 of the Constitution discriminating the accessibility of testing
facilities for COVID-19 in extraordinary health crisis;
(g) Pass any order or direction as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the present petition.

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AFFIDAVIT

I, Sanitized and Stay Hygienic do hereby solemnly affirm and declare as under:

1. That I am the petitioner above named. The petitioner is a NGO having its registered office
at Gotham and I have vide resolution passed in the general meeting of the petitioner been
authorized to institute and sign the petition.
2. I have filled the present petition as a Public Interest Litigation.
3. I have gone through the Supreme Court of Gotham (Public Interest Litigation) Rules,
2020 and do hereby affirm that the present Public Interest Litigation is in conformity
thereof.
4. Petitioner has no personal interest in the litigation and neither myself nor anybody in
whom petitioner is interested would in any manner benefit from the relief sought in the
resent litigation save as a member of the General public. This petition is not guided by the
self-gain or gain of any person, institution, body and there is no motive other than of
public interest in filling this petition.
5. I have done whatsoever inquiry which was in my power to do, to collect all data which
was available and which was relevant for this court to entertain the present petition. I
hereby stated that the above information is true, to the best of my knowledge and I also
confirm that I have not concealed in the present petition any data which may have
enabled this court to form an opinion whether to entertain this petition or not.

Verified at – Gotham

Date 20-02-2020

SASH
SIGNATURE:

DEPONENT

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VAKALATNAMA

KNOW ALL to whom these presents shall come that we, the above named Sanitize and Stay
Hygienic (SASH).

Advocate/s, (hereinafter called the Advocate/s) to be my Advocate/s in the above noted case
and authorize him:-

1. To act, appear and plead in the above-noted case in this Court or in any other Court in
which the same may be tried or heard and also in the Appellate Court including High
Court subject to payment of fees separately for each Court by me.
2. To sign, file, verify and present pleadings, appeals, cross-objections or petitions for
executions review, revision, withdrawal, compromise or other petitions or affidavits
or other documents as may be deemed necessary or proper for the prosecution of the
said case in all its stages subject to payment of fees for each stage.
3. To file and take back documents, to admit and/or deny the documents of the opposite
party.
4. To withdraw or compromise the said case or submit to arbitration any differences or
disputes that may arise touching or in any manner relating to the said case.
5. To take execution proceedings.
6. To deposit, draw and receive monies, cheques, cash and grant receipts thereof and to
do all other acts and things which may be necessary to be done for the progress and in
the course of the prosecution of the said case.
7. To appoint and instruct any other legal practitioner or person authorizing him to
exercise the power and authority hereby conferred upon the Advocate whenever he
may think fit to do so and sign the power of attorney on our behalf.
8. And I the undersigned do hereby agree to ratify and confirm all acts done by the
Advocate or his substitute in the matter as my acts, as if done by me to all intents and
purposes.
9. And I undertake that I or my duly authorized agents would appear in Court on all
hearings and will inform the Advocate for appearance when the case is called.
10. And I the undersigned do hereby agree not to hold the Advocate or his substitute
responsible for the result of the said case. The adjournment costs whenever ordered by
the Court shall be of the Advocate which he shall receive and retain for himself.

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11. And I the undersigned do hereby agree that in the event of the whole or part of the fee
agreed by me to paid to the Advocate remaining unpaid he shall be entitled to
withdraw from the prosecution of the said case until the same is paid up. The fee
settled is only for the above case and above Court. I hereby agree that once the fee is
paid I will not be entitled for the refund of the same in any case whatsoever.

IN WITNESS WHEREOF We do hereunto set our seal to these presents the contents of
which have been understood by us on this _____ day of _________, 2020. Accepted subject
to the terms of fees.

Advocate Client

I Identify the Signature/Thumb Impression of Below Mentioned Person,

Signed in My Presence. The Client.

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