TEAM CODE – PIL 25

INSTITUTE OF LAW, NIRMA

UNIVERSITY

1ST ILNU PIL DRAFTING COMPETITION 2020

PIL FOR COVID -19

Ayesha Rathore Petitioner…

Versus
Union of india & others Respondent...

IN
SUPREME COURT OF
REPUBLIC OF GOTHAM
 IN THE SUPREME COURT OF REPUBLIC OF GOTHAM

[EXTRAORDINARY WRIT JURISDICTION]

WRIT PETITION (CIVIL) NO. 12346 OF 2020

[Under Article 32 of the Constitution of Republic of Gotham read with Order
XXXVIII, Rule 12(1)(D) &(2) of The Supreme Court Rules, 2013]

IN THE MATTER OF PUBLIC INTEREST LITIGATION:

Petitioner Ayesha Rathore

D/O, Rohit Rathore

Age. 22 years,

Address: Gulab bag colony,

Indore, Madhya Pradesh,

Versus

Respondents : 1. Union of Republic of Gotham

Through Chief Secretary,

Ministry of Housing and Urban Affairs

Nirman Bhawan, Maulana Azad road

New Delhi -110011

2. Union of Republic of Gotham

Through Chief Seceretary,

Ministry of Family and Health Welfare

Nirman Bhawan,Maulana Azad Road

New Delhi-11011
WRIT PETITION UNDER ARTICLE NUMBER 32 OF THE CONSTITUTION OF
REPUBLIC OF GOTHAM SEEKING –A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, ORDER, OR DIRECTION TO THE RESPONDENTS AND
OTHER APPROPRIATE MUNICIPAL AUTHORITIES AND LOCAL SELF
GOVERNMENT AUTHORITIES TO ENSURE PROTECTION OF THE RIGHT TO
LIFE OF THE PEOPLE OF REPUBLIC OF GOTHAM DURING THE PANDIMIC
OF COVID 19

To

The Hon’ble Chief Justice of Republic of Gotham

And his companion judges

Of the Supreme Court of Republic of Gotham

Petitioner above named

MOST RESPECTFULLY SHEWETH:

1. The present writ Petition under Article 32 of the Constitution of Republic of Gotham
has been filed by the Petitioner seeking directions ensuring protection of the life of the
people of Republic of Gotham who are not provided with quarantine facilities,
medical supplies, and proper sanitized place during the present COVID-19 pandemic
which has led to a complete lockdown in the country.
2. That the petitioner is a Social Activist and chairman of the NGO Sanitize and Stay
Hygienic (SASH) since 2005. The petitioner is resident of Gotham city and has facing
the same problems as the people of the whole country are facing. The petitioner has
also filled my others PIL for the concerns of the Safai Karamchari during the
pandemic of COVID 19. The petitioner has been awarded with the 2019 best
contribution in the maintenance of health and sanitization facilities in city of Indore,
M.P. It is stated that the present petition is to take a legal action against the
Government’s non fulfilment of the duties.
3. Respondent No.1 is the Union of India through Secretary, Ministry of housing and
Urban Development, which is the apex authority of Government of India at the
national level to formulate policies, sponsor and support programmes, coordinate the
activities of various Central Ministers, State Governments and other nodal authorities
and monitor the programmes concerning all the issues of housing and urban affairs in
the country. Much of the functions entrusted. Respondent No. 1 retains considerable
influence over local bodies by being responsible for policy formulation and allocation
of funds and other resources.
4. Respondent No.2 is the Union of India through Secretary, Ministry of Health and
Family Welfare, which is responsible for the formulation of policies, sponsor and
support programme which are related to health and family welfare , and presently they
are for coordination of all efforts for combating public health concerns such as the
impending spread of COVID 19.
5. Brief facts leading to the filling of the present Petition are as follows:
I. In 2019, a new virus named COVID 19 hit Springfield, in Divided
State and caused massive infection and deaths. This virus as proved is
contagious by touch. It is a crowd disease. It has been recognized that
the virus spreads from human to human through respiratory droplets
produced during coughing, sneezing, talking even regular breathing .It
stays active on various surfaces for up to 72hrs. Complication caused
by the infection includes, pneumonia and acute respiratory distress.
There is no vaccine and treatment available as of now .Risk of
mortality increases with factors such as presence of other ailments, old
age , and inability to afford and access healthcare.
II. The present public interest litigation is being preferred by petitioner
out of growing concern of the unprecedented pandemic of the virus. It
is the admitted fact that the health infrastructure is dangerously
outstretched and under resourced. This pandemic is dangerously
devouring the life of the citizen of the country at the extraordinary
rapidity with extraordinary fatalities.
III. The virus has spread across the world which resulted in pandemic.
Recently, a few cases have been registered in Republic of Gotham. Its
rate of spreading escalated quickly leading to 80% increase in cases
 and the current estimated number of infected people amount to 5,000
people with 150 cases of death so far.
IV. The unfortunate situation is that the virus, being novel, has no cure as
of now. The vaccine for curing people will take around take two years
to be ready for use. It is also not hidden that the present government is
not well-equipped to fight the disease. This distressing situation
becomes worse as the government does not even have quarantine
facilities, medical supplies and proper sanitized place.
V. This inability of the government to provide proper care and facilities to
citizens is clearly a violation of their fundamental rights. It is the duty
of the present governments to adequately provide health care services
to the infected people and take such measures which ensures that the
virus doesn’t spread further in the country. By not doing so, the
governments have failed to discharge their duty.
VI. The Petitioner is filing the present petition as he is concerned about the
plight of the people who are suffering from the disease and all the
citizens whose fundamental rights are being violated due to the
government’s omission to not perform their duty.
6. That the petitioner is therefore constrained to approach this Hon’ble court on the
following grounds amongst others, which are being taken without prejudice to
another:
7. The petitioner craves leave to plead and refer to additional grounds at the time of
hearing.
8. The petitioner has not moved/approached to government authority for the relief
sought in the petition. the petitioner has no other alternative and efficacious remedy
but to approach this Hon’ble court
9. The petitioner has not filled any other petition either before this Hon’ble court or any
High Court seeking the relief sought in the present petition.
10. The present petition is filed bona-fide and in the interests of justice.

GROUNDS
 A. Because there is a rapid growth of spread of the corona virus in the country
which is uncontrollable without social distancing as of now,which is a serious
global hazard.
B. Because it has been established from looking at the worst conditions of the
other countries that the virus is highly infectious.
C. Because every citizens of the country has a fundamental right to life under the
article 21 of the constitution of Gotham . This article guarantees that the every
person has the protection of life and right to health and sanitation .

D. Because under Article 47 of the constitution its is the primary duty of the state
to maintain the level of nutrition and standard of living of its people. The
improvement in public health includes the protection and improvement of
environment without which public health cannot be assured.
E. Because the medical professionals and the sanitation workers are not provided
with adequate equipment to prevent contamination from infected person .
F. Because the practice of forcing medical professionals and workers to work in
an unsafe environment without protective gears amounts to hazardous
cleaning as mentioned in sections 2(1) (D), 7 and 9 of ‘The prohibition of
employment as manual scavengers and their rehabilitation act 2013’ makes it
clear that cleaning of sewers or septic tanks can’t be done without the
protective gear. It will amount to “hazardous cleaning” and attracts penal
consequences

PRAYER
It is therefore most humbly prayed that this Hon’ble Court may be pleased to Issue a Writ of
Mandamus or any other appropriate Writ directing the Respondents to:

I. Instruct all the agencies to enforce a complete lockdown barring essential services
for a minimum of 21 days which may be extended in the wake of rapid spread of the
Corona Virus. This is also referred to as Social Distancing which has been proven to
be an effective measure in controlling the spread of the novel virus by the World
Health Organization.
 I. Formulate a National Covid19 Protocol that provides the guidelines to be observed
during the lockdown.
II. Formulate an Emergency relief fund which may invite donations in lieu of the
insufficient means for combatting such a situation. Tax exemption under section 80 of
Income Tax act must be provided to encourage the citizens.
III. Imposition of stringent punishment and heavy fine in case of violation of the
lockdown guidelines. The fine may be utilized for the aforementioned fund.
IV. Mandate the use of Protective Masks, Gloves and Sanitizers at all times for travelling
purposes and shopping purposes.
V. Also sanitizing machines can be installed at all crowded public places.
VI. All industries carrying out essential services must do so while following social
distancing and government guidelines.
VII. Public Transportation and their sites to be sanitized thoroughly at least thrice a day
and proper testing to be done to ensure the safety of the people travelling back to their
hometowns.
VIII. The foreign nationals including migrant labourers who are unable to return to their
respective native lands due to the imposition of the lockdown must be provided with
adequate facilities if they are unable to afford them.
IX. Ensure adequate supply of essential commodities and penalise rise in prices and
hoarding of such goods to prevent shortage crisis.
X. Promote online payments so to lessen chances of contamination through currency
notes.
XI. Testing at Private and Public laboratories must be free of cost so as to contain the
number of infected people.
XII. Imported medications and Testing kits must also be provided at cheap costs.
XIII. Creation of isolation wards with adequate facilities for the patients must be insured.
XIV. All medical professionals must be provided with Personal Protective Equipment
(PPE) and must be trained thoroughly on infection prevention and control. The samne
has been enumerated in a report which contains guidelines by WHO , titled as
“Coronavirus disease (COVID-19) outbreak: rights, roles and responsibilities of
health workers, including key considerations for occupational safety and health”
for standardizing the rights, roles and responsibilities of health care workers
internationally.
 XV. Proper accommodation, transportation and food must be provided to all medical
professionals and police personnel so as to ensure theirs as well as their families’
safety.
XVI. For lodging purposes, government guest houses and offices not in use right now can
be utilized.
XVII. Hoteliers must be given incentives so as to encourage them for providing lodging
services to the patients and medical professionals.
XVIII. separate hospital facilities for all sorts of emergencies such as baby delivery or
malfunctioning of any body organ.
XIX. Remuneration of factory, industry and domestic workers must be ensured for their
wellbeing.
XX. Provide shelter houses and adequate facilities to migrant workers and independent
contractors who are in state of despair and utter helpness due to the lockdown.
XXI. Special attention must be paid to the hotspots of the disease. They must be sealed and
sanitized regularly.
XXII. Donations made to the state funds must be included in the scope of Corporate Social
Responsibility.
XXIII. Helplines for immediate help must be set up for rapid action.
XXIV. Mental health helplines must be set up in such times.
XXV. NGOs must work in collaboration with Government for setting up a helpline so to
make sure the availability of all necessities to everyone at all times.
XXVI. Banking facilities must give temporary relief in payment of EMI and interest rates.
XXVII. Any order and direction, the concerned party may deem fit in the interest of legal
fraternity and protector of fundamental rights.

IN THE SUPREME COURT OF REPUBLIC OF GOTHAM

[EXTRAORDINARY WRIT JURISDICTION]

WRIT PETITION (CIVIL) NO. 12346 OF 2020

IN THE MATTER OF PUBLIC INTEREST LITIGATION :

AYESHA RATHORE …Petitioner

Versus

UNION OF REPUBLIC OF GOTHAM & Ors. …Respondent

AFFIDAVIT

Under :-

1. That I am the Petitioner in the above noted petition and being well conversant with
the facts of the case, I am competent to swear this affidavit before this Honorable
court.
2. That the contents of the petition thereof are true and correct to my knowledge , belief ,
and information derived from the record of the case and the submission of the law
made therein are believed to be true and correct.
3. That the petitioner has not preferred any similar or other petition in the
aforementioned matter.
4. That I have gone through the Supreme Court (Public Interest Litigation) Rules and do
hereby affirm that the present Public Interest Litigation is in conformity thereof.
5. That I have no personal interest in the litigation and this petition is not guided by self
–gain of any person, institution, body, and there is no motive other than public interest
in filing this petition.
6. That I have not concealed in the present petition any data/material/information which
may have enabled this court to form an opinion whether to entertain the petition or not
and/or whether to grant any relief or not.
 7. That the contents of the above paragraph of the affidavit and the contents of the
Petitions herein above have been read over to me and the same has been well
understood by me.
8. That the instant application is made in bonafide and in the interest of justice.

DEPONENT

VERIFICATION

I, the deponent above named do hereby verify the averments made in this affidavit are true
and correct to the best of my knowledge and belief . No part of it is false and nothing material
has been concealed therefrom. Verified at New Delhi on this 16th day of April,2020.

DEPONENT