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PIL DRAFTING COMPETITION, 2020

BEFORE THE HONOURABLE SUPREME COURT OF REPUBLIC OF

GOTHAM

IN THE MATTER OF PUBLIC INTEREST LITIGATION

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

V.

UNION OF GOTHAM.............................................................................RESPONDENT

UNDER ARTICLE 32 OF THE CONSTITUTION OF REPUBLIC OF

GOTHAM

BEFORE

THE HONOURABLE CHIEF JUSTICE AND HIS COMPANION JUSTICES

OF

THE HONOURABLE SUPREME COURT OF REPUBLIC OF GOTHAM

PUBLIC INTEREST LITIGATION

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IN THE SUPREME COURT OF REBULIC OF GOTHAM
[EXTRAORDINARY WRIT PETITION JURISDICTION]

WRIT PETITION (CIVIL) NO. OF 2020

IN THE MATTER OF PUBLIC INTEREST LITIGATION:

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

V.

UNION OF GOTHAM................................................................................RESPONDENT

SYNOPSIS AND LIST OF EVENTS

The present Writ Petition in the nature of Public Interest Litigation under Article 32 of the
Constitution is being filed by the Petitioner herein seeking a direction from this Hon’ble to
the Respondent to formulate a comprehensive policy and take precautionary measures for
welfare and safety of the citizens of Gotham from the COVID-19 disease.
A newly found virus that is said to have its origin in Springfield, Divided States, causes the
COVID-19 disease. It is highly contagious and it slowly spread to all parts of the world
including the Republic of Gotham. With the World Health Organization (WHO) declaring it
to be a pandemic, the Government of Gotham declared a 21-day national lockdown to curb
its spread. But the lockdown was announced very late when compared to other nations and
was implemented without proper planning hence resulting in a lot of panic and difficulties
for the citizens. People lined up in front of grocery shops and violated the lockdown
ultimately defying the norms of social distancing crucial for the containment of the virus.
Since travelling was forbidden, migrant workers were left with no option but to walk for
miles without food and water. No provision was made beforehand for the extremely poor
who would not be able to sustain themselves for long. Those exempted to deliver their duties
during the lockdown were healthcare workers, sanitation workers and police officials and
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although they continue to religiously perform their duties but they do so at the cost of their
lives as they are not provided with protective gears. Also, it is very well established that
Gotham’s healthcare system is under-developed and lacks basic facilities compared to other
countries that are financially well off. If the government does not take proper measures on
time then it would be a catastrophic situation for Gotham, as it does not have adequate
resources to fight COVID-19. The people of Gotham are extremely disappointed with
omission of state’s actions and feel that their Fundamental Right to Health under Article 21
of the Constitution of Gotham has been violated.
Hence, it is most humbly submitted that this Hon’ble Court may be pleased to direct the
Government to come up with a comprehensive policy and take appropriate measures for
welfare and safety of the citizens from covid-19.

LIST OF EVENTS

DATE EVENT

15.08.1947 Gotham became an independent nation.

26.01.1950 Constitution of Gotham was enforced.

December, COVID-19 was identified in Springfield,

2019 Divided States
30.01.2020 First case of COVID-19 was identified in
Gotham.
11.03.2020 World Health Organization (WHO) declared
the disease as a pandemic.
24.03.2020 The government of Gotham declared a
national lockdown for 21-days .

HENCE THE PRESENT WRIT PETITON

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IN THE SUPREME COURT OF REBULIC OF GOTHAM

[EXTRAORDINARY WRIT PETITION JURISDICTION]

WRIT PETITION (CIVIL) NO. OF 2020

IN THE MATTER OF PUBLIC INTEREST LITIGATION:

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

V.

UNION OF GOTHAM................................................................................RESPONDENT

WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

SEEKING A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT,
ORDER, OR DIRECTION TO THE RESPONDENTS AND OTHER APPROPRIATE
MUNICIPAL AUTHORITIES TO ENSURE PROTECTION OF THE RIGHT TO
HEALTH AND TO FORMULATEA COMPREHENSIVE POLICY AND TAKE
APPROPRIATE MEASURES FOR WELFARE AND SAFETY OF THE CITIZENS
FROM COVID-19.

To,
THE HON’BLE CHIEF JUSTICE OF REPUBLIC OF GOTHAM
AND HISCOMPANION JUDGES OF THIS HON’BLE COURT
THE HUMBLE WRIT PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHEWETH:

1. This Petition in the nature of Public Interest Litigation under Article 32 of the
Constitution is being filed by the Petitioners herein seeking a direction from this
Hon’ble to the Respondents to formulate a comprehensive policy for welfare and
safety of the Health care of citizens of the country.
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2. That the Petitioner is an NGO –Sanitize and Stay Hygienic (SASH) registered
under the Societies Registration Act, 1860 and its primary objectives are inter-
alia to provide proper sanitized and clean and hygienic environment to the needy
places, to provide basic sanitation to village areas and slums, to keep a proper
check on disease control bodies, provide immediate help during the times of
health emergencies and represent large no. of people to fight for their Right to
heath care under Article 21 of the constitution. So the Petitioner has filed the
present petition seeking a direction from this Hon’ble to the Respondents to
formulate a comprehensive policy for welfare and safety of the Health care of
citizens whose sufferings have been unheard though they are fighting the
Covid19 pandemic due lack of basic sanitation and medical facilities.
3. The Respondent is the Union of Gotham, represented by the Ministry of Health
and Family Welfare, which is the appropriate ministry charged with health policy
in Gotham and the Ministry of Home Affairs.
4. The Petitioner has no personal interest in the litigation and is not guided by self-
gain or for gain of any other person/institution/body and that there is no motive
other than public interest and is bringing the instant issue to the attention of this
Hon’ble Court in the wider interest of people at large, that is, in bona fide public
interest which is clear from the facts of the Petition.
5. That there is no civil, criminal or revenue litigation, involving the Petitioner,
which could have a legal nexus with the issues invoked in the present Public
Interest Litigation.
6. That, no other petition arising out of the same cause of action has been filed by
the Petitioner before this hon’ble court or any other court
7. That, the brief facts giving rise to the instant petition are as follows: -

FACTS

8. That the Corona virus disease (COVID-19) is an infection caused by a recently

discovered corona virus called severe acute respiratory syndrome corona virus 2
(SARS-COV-2). This virus has pneumonia like symptoms and is infamous for
spreading very quickly. It spreads primarily through droplets of saliva or nasal
discharge while coughing, sneezing, talking and even regular breathing.
9. That this disease is contagious by coming in contact with an infected person or
touching contaminated surfaces, as this virus can stay alive for 72 hours or more
on various surfaces. Most infected people suffer mild respiratory problems and
recover with ordinary medical treatment. However, older people or people with
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ongoing medical problems are more likely to suffer acute respiratory distress
syndrome sometimes resulting in death.
10. That this disease was first identified in Springfield in Divided States somewhere
in December 2019. With quick human-to-human transmissions, the disease
slowly transmitted to all of Divided States and then proceeded to other parts of
the world wrecking havoc on economies and taking many lives.
11. The World Health Organization (WHO) declared corona as a pandemic in its
Situational report no-51 dated 11.03.2020.A true copy of the Situational report
no-51 dated 11.03.2020 issued by the World Health Organization (WHO) is
marked as ANNEXURE P-1 and annexed herewith.
12. That the daily English news-channel namely CNBC news report item dated
30.01.2020 downloaded from its website revealed that the first case of Covid-19
was detected in Gotham on 30 January, 2020. A true copy of the daily English
news-channel namely CNBC, news report item dated 30.01.2020 downloaded
from its website is marked as Annexure P-2 and annexed herewith.
13. That soon after the first case detection the virus spread very quickly which led to
80% increase in cases and the current estimated number of infected people
amount to 5000 and more with 150 cases of death so far. All such cases could be
traced back to people who had come to Gotham with a travel history to affected
nations.
14. That Gotham is a disease prone country and since its independence in 1947, the
people have suffered through various diseases like small pox, polio etc. The
Government tried to take steps to curb the spread of these diseases but could not
eradicate it completely due to lack of proper sanitation and awareness.
15. That the daily English newspaper namely The Hindu news report item dated
12.03.2020 downloaded from its website revealed that the senior health officials
have said that a COVID-19 vaccine will take at least two years to develop even
with expedited clinical trials and approvals. A true copy of the daily English
newspaper namely The Hindu news report item dated 12.03.2020 downloaded
from its website is marked as Annexure P-3 and annexed herewith.
16. That the Government of Gotham through its Ministry of Home Affairs issued an
order for a nationwide lockdown on 24.03.2020. The order provided guidelines
on the measures to be taken by Ministries/ Departments of Government of
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Gotham for containment of COVID-19 epidemic in the country. All public
places, industries, government offices were to be closed and also police officials,
sanitation workers, doctors and medical staff were expected to continue
performing their services which were to be essential. A true copy of the order
dated 24.03.2020 issued by the Ministry of Home Affairs, Gotham is marked as
ANNEXURE P- 4 and annexed herewith.
17. That the online English magazine and multiplatform publisher namely The
Atlantic news report dated 27.03.2020 downloaded from its website revealed that
“this lockdown is a headline-grabbing initiative announced with little planning
and puts responsibility for containing the outbreak on citizens, instead of
instituting a robust official support system”. It also claims that the government is
offering little in the way of safety net as its $22 billion value aid package which
being merely one percent of Gotham’s GDP is a pitiful amount compared with
what governments elsewhere have provided. A true copy of the online English
magazine and multiplatform publisher namely The Atlantic news report dated
27.03.2020 downloaded from its website is marked as Annexure P- 5 and
annexed herewith.
18. That the daily English newspaper Gotham Today news report dated 24.03.2020
downloaded from its website revealed that as soon as the never-happened- before
national lockdown for the next 21 days was announced, a panic button was
triggered across the country as reports of people rushing to buy groceries and
essentials began surfacing. Citizens resorted to Panic Buying everywhere, in the
shops which usually have around 2-3 customers at the most at a single given time
normally hence defeating the purpose of social distancing. A true copy of the
daily English newspaper namely Gotham Today news report dated 24.03.2020
downloaded from its website is marked as Annexure P-6 and annexed herewith.
19. That a black market for masks and sanitizers has developed where shopkeepers
charged exorbitant prices for these items. Also even groceries and essential items
were being sold off at prices higher than usual making it inaccessible for the
extremely poor.
20. That the online news magazine namely The Diplomat news report dated
23.03.2020 downloaded from its website revealed that Gotham’s healthcare
system is overburdened and lacks basic facilities to fight the epidemic. Stating the
figures from the data published by World Bank, it claims that Gotham
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doesn’t have even one hospital bed per 1,000 people. With a meager expenditure
of 1.28 percent of its GDP on healthcare, Gotham only has eight doctors per
10,000 people and one state-run hospital for over 55,000 people. A true copy of
the online news magazine namely The Diplomat news report dated 23.03.2020
downloaded from its website is marked as Annexure P-7 and annexed herewith.
21. That the Doctors and other Health Care workers even after being the frontline
soldiers in fighting the Covid19 pandemic, continuously run the risk of getting
infected in the event of lack of Personal Protective Equipment (PPE) which
consists of long-sleeved gown, gloves, boots, mask goggles or a face shield. It is
also a worrisome concern that some reports claim that healthcare workers are
recently facing harassment in their residential colonies and there are cases of
some of them testing positive for COVID-19.
22. That the online news website namely The Scroll news report dated 27.03.2020
downloaded from its website revealed that Gotham has so far among the lowest
ratios of testing in the world. This is because initially it was underutilizing its
testing kits by only testing symptomatic patients with international travel history
and those who had come in contact with laboratory-confirmed Covid-19 cases.
While the number of tests have gone up since the criteria was relaxed, concerns
still remain that India is not testing enough. The simple explanation being that
India doesn’t have many testing kits. A true copy of the online website namely
The Scroll news report dated 27.03.2020 downloaded from its website is marked
as Annexure P-8 and annexed herewith.
23. That with the suspension of Flights, trains and buses with the unplanned
lockdown, many migrant labourers have been stranded at different cities of
Gotham. Some are forced to walk for miles to reach their village and when they
finally do they are not permitted inside it as the fear of them being carrier of the
virus is attached to them. Some are forced to stay in makeshift tents, without
basic supply of food and water.
24. Sanitation workers who are carrying out the essential service of cleaning and
picking garbage even in lockdown, do so without being equipped with any
COVID-19 protective gear (PPE) to prevent themselves from getting infection.
25. That the writ petition is based on the following grounds, which are without
prejudice to each other-
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GROUNDS

A. Because the government of Gotham has recognized the massive spread of

Corona Virus as a pandemic and declared a Lockdown in the whole country.
B. Because Republic of Gotham has declared itself to be a democratic, socialist-
welfare citizens and thus it has a duty to protect its citizens.
C. Because it is an established that the corona virus is a perilous threat to the
existence of the human kind all around the world. COVID—19 has been
wrecking havoc in Gotham too since its outbreak endangering the life of the
citizens.
D. Because every citizen of Republic of Gotham is entitled to the Right to Health
under Article 21 Right to Life of the constitution of Gotham 1 be it sanitation
workers, poor migrant workers or doctors.
E. Because pith and substance of a human life is his health, which is the nucleus of
all activities of life. If this is denied then everything crumbles.
F. Because ‘Right to life’ and the ‘right to medical facilities’ as a concomitant of
‘right to health’ is also part and parcel of Right to life and in a welfare state, the
corresponding duty to the right to health and medical facility lies with the state.
G. Because under Directive Principles Of State Policy mentioned under Part-IV of
the Constitution of Gotham, Article 47 bestows a duty on the state to improve
public health.
H. Because Gotham has an under-resourced public healthcare system and the vast
majority of citizens who live below the poverty line cannot afford the private
hospitals.
I. Because the lack of quarantine centers is resulting in the spread of corona virus at
an unprecedented growth-rate, and it is clearly mandated by the World Health
Organization (WHO) that contacts of patients with laboratory-confirmed COVID-
19 reports should be necessarily quarantined for 14 days from the last time they
were exposed to the patient.
J. Because COVID-19 is declared as pandemic by WHO and is highly infectious, it
is the duty of the state to take strict precautions and preventions, conduct mass-
testing and facilitate the regulatory environment to empower indigenous firms in
Gotham to produce test kits and facial masks.

C.E.S.C. Ltd. v. Subhash Chandra, (1992) 1 SCC 441

1
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K. Because The Supreme Court in Paschim Banga Khet Mazdoor Samity v. State of
West Bengal2 observed that providing adequate medical facilities is an essential
part of the obligation undertaken by the State in a welfare state. And the 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.
L. Because health workers and basic sanitation workers are at the front line of any
outbreak response and as such are exposed to hazards that put them at risk of
infection with an outbreak of COVID-19.
M. Because in Praveen Rashtrapal v. Chief Officer, Kadi3 Municipality the employer
has to take adequate care of the safety and well being of his employee and he
should not be exposed to perform duties which are dangerous in nature and likely
to adversely affect his health and life. The employer is bound to provide the
employees with all the safety measures and if he is not able to make such
provision, he has to refrain from asking such employee to discharge these
dangerous duties. All doctors, police officials, sanitation workers in employment
with the government are its employees and the state is bound to protect them.
N. Because Article 22 to 25 of the Universal Declaration of Human Rights,
International Covenant on Economic, Social and Cultural Rights and in the light
of socio-justice assured in our constitution, right to health is a fundamental
human right to workmen.
O. Because in the case of State of Punjab v. Mohinder Singh Chawla 4 that dealt with
medical treatment of government employees, laid down that if a government
servant suffers from an ailment, it was the duty of state to bear such expenditure
incurred in treatment of the ailment.
P. Because in the case of Municipal Corporation of Ratlam v. Vardhichand & Ors 5,
the Supreme court had laid down that “the state will realize that Article 47 makes
it a paramount principle of governance that steps are taken for the improvement
of public health as amongst its primary duties”

2AIR 1996 SC 2426

3 (2006) 3 GLR 1809
4 1997 (2) SCC 83
5 AIR 1980 SC 1622
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Q. Because migrant workers are helpless and are rendered jobless due to the
lockdown. They have no means to look out for themselves and hence are
dependent on the state to provide for their basic needs.
R. Because people are unable to go out due to the lockdown, it is on the state to
ensure that essential goods are being in continuous supply and are not being sold
off at exorbitant prices.
S. Because in this period of lockdown there is utter confusion and a state of fear
amongst the citizens and hence the state is obliged to spread awareness and
information regarding the containment of the virus.
26. The Petitioner craves leave to plead and refer to additional grounds at the time of
hearing.
27. The Petitioner has not moved/ approached to government authority for the relief
sought in petition. The Petitioner has no other alternative and efficacious remedy
but to approach this Hon'ble Court.
28. The present Petition is filled bona-fide and in the interests of justice.

PRAYER
In view of the facts and circumstances of the case and in the interests of justice, it is most
respectfully prayed that this Hon’ble Court may be pleased to:
i. Issue a writ in the nature of Mandamus thereby directing the Government to
formulate a comprehensive policy for welfare and safety of the citizens and curb
the spread of COVID-19 and ensure the following reliefs in consideration of
various sections of the society:
a. Adequate number of qualitative laboratories, including Lab Vehicles be set
up in the state, to enable proper testing of suspected COVID-19 patients.
b. Provide free of cost testing facility of covid-19 (corona virus) to all the
citizen of the country at all testing labs irrespective of private or
government.
c. Provide for mass testing and trace effectively and test people with travel
history to foreign nations and also test their kind
d. Arrange funds specially for fighting COVID-19 pandemic and allocate
them for improving the healthcare situations of the country and creation and
maintenance of quarantine centers.
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e. Proclaim an order for urgent resumption of duties and services of all private
hospitals including its doctors and paramedical staffs and hold them
accountable.
f. Provide WHO approved protective gears and sanitizers to Doctors and other
medical staff and provide transport facilities and food to them since it in the
event of lockdown, it is impossible for them to arrange it on their own.
g. Instruct all the agencies undertaking sanitation facilities, Municipal Boards
falling under its jurisdiction to provide all Sanitation Workers carrying out
cleaning activities with COVID-19 Protective gears.
h. Provide insurance cover to frontline health workers, sanitation staff,
paramedics, nurses and doctors who are working to tackle the COVID-19.
i. Non-COVID patients are also given equal importance and make sure that
they do not face hassles in commuting to hospitals during lockdown.
j. Provide for relief camps and government run shelters to the migrant
workers who are stuck and helpless and provide them basic amenities like
food and water and also distribute masks and sanitizers to them.
k. Issue a proper set of guidelines to be followed by the citizens during
lockdown specifying every important thing to avoid confusion and panic
amongst them.
l. Instruct police officers to ensure citizens strictly abide the lockdown and
punish violators of lockdown.
m. Ensure that essential services are in continuous supply to all and especially
poor people with door-to door delivery system.
n. Special teams are deployed to visit slum and rural areas, investigate the
persons living there and also provide them with free masks, sanitizers,
soaps, etc. through Public Distribution System.
o. Ban products from Divided States to wipe out apprehensions of
transmission through "Made in Divided States" products.
p. A review of the facilities and infrastructure provided by the government, on
the basis of international scientific standards.
q. Form of a Monitoring Committee under the supervision of experts, to
oversee the entire situation.
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r. Inform the general public of the steps that are being taken by it to curb the
corona pandemic and raise awareness among the citizens through Gotham’s
national television channel.

ii. Pass any other or further orders deemed fit by the hon’ble court in the present
case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL EVER PRAY
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IN THE SUPREME COURT OF REBULIC OF GOTHAM

[EXTRAORDINARY WRIT PETITION JURISDICTION]

WRIT PETITION (CIVIL) NO. OF 2020

IN THE MATTER OF PUBLIC INTEREST LITIGATION:

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

V.

REPUBLIC OF GOTHAM........................................................................RESPONDENTS

AFFIDAVIT

We, SASH (Sanitize and Stay Hygienic) a Non Governmental Organization, do hereby
solemnly affirm and state as follows:
1. That we are the Trustee and Treasurer of the Petitioner organization and being
well conversant with the facts of the case, we are competent to swear this
affidavit before this Hon'ble Court.
2. That the contents of the accompanying Petition thereof are true and correct to our
knowledge, belief, and information derived from the record of the case and the
submissions of law made therein are believed to be true and correct.
3. That the contents of paragraph 1 to 28 of the accompanying petition have been
drafted by our counsel under our instructions and believed to be true.
4. That the Annexures to the writ petition are true copies of their respective
originals.
5. That the Petitioner has not preferred any similar or other petition in the above
mentioned matter.
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6. That we have gone through the Supreme Court of Gotham (Public Interest
Litigation) Rules and do hereby affirm that the present Public Interest Litigation
is in conformity thereof.
7. That we have no personal interest in the litigation and neither ourselves nor
anybody in whom we are interested would in any manner benefit from the relief
sought in the present litigation save as a member of the General Public. This
Petition is not guided by self-gain or the gain of any person, institution, body, and
there is no motive other than of public interest in filling this petition.
8. That we have done whatsoever inquiry/ investigation which was in our power to
do, to collect all data/ material which was available and which was relevant for
the court to entertain the present petition. We further confirm that we 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.
9. That the contents of the above paragraphs of the affidavit and the contents of the
Petition/ Application(s) herein above have been read over to us and the same has
been well understood by.

DEPONENT

VERIFICATION

Verified on this 16/ 04/2020 at Delhi that the contents of the affidavit are true and
correct, nothing material has been concealed and no part of it is false.

DEPONENT
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ANNEXURES

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