TEAM 115

INTRA COLLEGE MOOT COURT

COMPETITION 2020-21

IN THE HON’BLE SUPREME COURT OF INDUSTAN

No. ____/2019

In Matter of

ARTICLE 32 OF THE CONSTITUTION OF BHARAT, 1950

PETITIONER MY BODY MY CHOICE

v.

RESPONDENT UNION OF INDUSTAN

BEFORE SUBMISSION TO HON’BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES

OF THE HON’BLE SUPREME COURT OF BHARAT

MEMORANDUM ON BEHALF OF RESPONDENT

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TABLE OF CONTENTS

TABLE OF CONTENTS

Table of Contents ………………………………………………………………………………i

List of Abbreviations …………………………………………………………………………iii
Index of Authorities …………………………………………………………………………..iii
a. Cases Cited
…………………………………………………………………………..Error!
Bookmark not defined.
b. Books and Treatises…………………………………………………………………..iii
c. Dictionaries and Law Lexicons ………………………………………………………iii
d. Legal Databases ……………………………………………………………………..iii
e. Legislations …………………………………………………………………………..iii
Statement of Jurisdiction……………………………………………………………………..iiv
Synopsis of Facts ……………………………………………………………………iv
Issue Raised…………………………………………………………………………………..vii

Summary of Arguments……………………………………………………………………..08
Arguments Advanced……………………………………………….………………………..09
Issue 1…………………………………………………………….……………………..09
Issue 2………………………………………………………….………….…………….12
Issue 3………………………..........................................................................................16
Prayer…………………………………………………………………………………………18

Memorandum on behalf of Respondent

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LIST OF ABBREVIATIONS

LIST OF ABBREVIATIONS

SC Supreme Court
AIR All India Reporter
SCC Supreme Court Cases
WHO World Health Organisation
DMA Disaster Management Act
EDA Epidemic Diseases Act
PAT Patna
MAD Madras
Cr.LJ Criminal Law Journal

Memorandum on behalf of Respondent

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INDEX OF AUTHORITIES

INDEX OF AUTHORITIES

A. BOOKS AND TREATISES

1. CONSTITUTION OF BHARAT , B. D. BASU

2. TEXTBOOK ON INDIAN PENAL CODE, K.D. GAUR

B. DICTIONARIES AND LAW LEXICONS

1. Black law’s dictionary

C. LEGAL DATABASES
1. Manupatra
2. SCC Online
3. Westlaw

D. LEGISLATIONS
1. Indian Penal Code,1860
2. The Epidemic Diseases Act,1897
3. The Disaster Management Act,2005

Memorandum on behalf of Respondent

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STATEMENT OF JURISDICTION

SSTATEMENT
TATEMENT O
OFF JJURISDICTION
URISDICTION

The Hon’ble Supreme Court of Bharat has the jurisdiction to hear the matter under article 32
of the Constitution of Bharat, 1950.
The Respondent humbly submits to jurisdiction of the Hon’ble SC which has been invoked
by the Petitioner. However, the Respondent reserves to respond to the same. The provision
under which the Respondent has approached the Honorable Supreme court is read herein
under as:
Article 32 - Power of the Supreme court to Issue certain Writs.
Notwithstanding anything in Article 32 . SC shall have powers, to issue to any person or
authority, including in appropriate cases, any Government, within those territories directions,
orders or writs, including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo
Warranto and Certiorari, or any of them, for the enforcement of any of the rights conferred by
Part III.

Memorandum on behalf of Respondent

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SYNOPSIS OF FACTS

SYNOPSIS OF FACTS

1. Industan is a developing country whose constitution and laws are in parimateria

with the Union of India. The COID-19 pandemic had tremendous impact on the

country affecting millions and bringing the country to a standstill. The

economy shrank 23.9% in the last quarter of 2020 while the social impact on the

citizens was unimaginable.

2. While researchers were still carrying out extensive research to develop a

vaccine, they were nowhere close to a solution. In addition to this, the fact that

an potential drug must go through a serious of tests to ensure efficacy and

prevent any other health issues made developing a vaccine an onerous task.

3. Such being the case, scientists developed a new process wherein the anti-bodies

of a person recovered from COVID-19 could be used to treat another person

infected with the virus. However, the process was quite complicated and

required technical expertise. After months of study, doctors in Industan found

a method to extract antibodies safely from one person’s blood and transfuse it

to another person infected with COVID -19. However, these antibodies could

not be stored and a live transfusion was essential.

4. When the program was rolled out to treat the persons infected with COVID-19,

the result was disastrous. It was found that hardly any patient who had just

recovered from COVID-19 was willing to be a live donor for another patient.

The recuperated patient cited poor medical infrastructure in government

hospitals as the main reason for the denial as they feared a serious risk of

infections. It was perceived that a person who had recovered from COVID-19

Memorandum on behalf of Respondent

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SYNOPSIS OF FACTS

was more susceptible to infections if due medical care is not exercised during

live blood transfusion.

5. The Government of Industan was determined to resolve this impasse. As the

government medical hospitals were funded by the State, the central

government was empowered to make laws to govern the administration of the

medical establishments.

6. As the parliament was not in session, the Cabinet approved an ordinance to

make blood transition mandatory in government hospitals where a patient

recovers from Corona virus. The ordinance provided for an undertaking to be

secured from a corona virus patient prior to treatment that after recovery and

prior to discharge, the patient would donate 350 ml of blood for the benefit of

another patient who is infected with corona virus.

7. The President approved the Mandatory Medical Blood Transfusion Act, 2020

(“MMBTA”) with immediate effect. The Act also provided for fine and

imprisonment for violating the terms of the undertaking provide prior to the

treatment obtained from a government hospital for Corona Virus.

8. Being aggrieved by this, “MY Body MY Choice” an N.G.O. filed a Writ Petition

before the Hon’ble Supreme Court challenging the constitutional validity of

MMBTA. It was contended that the provisions clearly contravened Article 21 of

the Constitution where in Right to Life includes the right not to be made subject

to a invasive medical procedure. A person who does not want to be a part of a

live blood transfusion cannot be compelled to do so. They contended that the

application of the law being restricted to government hospitals and exempting

private hospitals violates Article 14 of the Constitution.

Memorandum on behalf of Respondent

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SYNOPSIS OF FACTS

9. The Government of Industan has been served and they have filed their

Statement of Objections to the writ petition filed by MY Body MY Choice. The

Government of Industan has sought to justify MMBTA on the ground of larger

public interest being involved for the welfare of the state. It has clarified that

the Law is applicable only to Government hospitals as they are entirely funded

by the state. If a person does not want to donate blood after availing treatment,

he/she can choose to do so by availing medical facilities from a private hospital

on payment.

10. The pleadings having been completed, the case is set out for Hearing via video

conference. Parties are at liberty to raise additional issues.

Memorandum on behalf of Respondent

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ARGUMENTS ADVANCED

ISSUES RAISED

ISSUE 1

NMNN
1. WHETHER THE PRESENT PETITION IS MAINTAINABLE AT THE
BEHEST OF AN N.G.O.?

BBJHJ

ISSUE 2

NMNN

2. WHETHER THE MANDATORY

BBJHJ MEDICAL BLOOD TRANSFUSION
ACT, 2020 VIOLATES THE PROVISIONS OF THE CONSTITUTION
OF INDUSTAN?



ISSUE 3

NMNN
3. WHETHER THE CENTRAL GOVERNMENT WAS LEGISLATIVE
COMPETENCE IN THE MIDST OF A PANDEMIC TO LEGISLATE
UPON THE SUBJECT OF PUBLIC HEALTH?
BBJHJ

Memorandum on behalf of Respondent

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ARGUMENTS ADVANCED

SUMMARY OF ARGUMENTS

ISSUE 1

NMNN
1. WHETHER THE PRESENT PETITION IS MAINTAINABLE AT THE
BEHEST OF AN N.G.O.?

BBJHJ

ISSUE 2

2. WHETHER THE MANDATORY MEDICAL BLOOD TRANSFUSION

NMNN
ACT, 2020 VIOLATES THE PROVISIONS OF THE CONSTITUTION OF
INDUSTAN?

BBJHJ
This section clearly defines a way to make people realise the seriousness and make
people stay at home.



ISSUE 3

NMNN

3. WHETHER THE CENTRAL GOVERNMENT WAS LEGISLATIVE

COMPETENCE IN THE MIDST OF A PANDEMIC TO LEGISLATE
BBJHJ
UPON THE SUBJECT OF PUBLIC HEALTH?
The life of an individual is more important than anything and thus for the whole benefit
it should be understood by people how to government is taking steps to protect them.
Memorandum on behalf of Respondent
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ARGUMENTS ADVANCED

ARGUMENTS ADVANCED

ISSUE 1

1. WHETHER THE PRESENT PETITION IS MAINTAINABLE AT THE

BEHEST OF AN N.G.O.?

1. The classic definition given by the WORLD HEALTH ORGANISATION to

Pandemic was “worldwide spread of a new disease.” On 11th march 2020, the WHO
declared COVID-19 a pandemic, pointing to the over 118000 cases of the coronavirus
illness in over 110 countries and territories around the world.1

2. Coronaviruses are a large family of viruses that cause illness ranging from the
common cold to severe diseases. A novel coronavirus is a new strain that has not been
previously identified in humans. The diseases are fast spreading and entered
BHARAT on 30th January the same day WHO declared COVID-19 as Public Health
Emergency of Global Concern. The statistics said by 3rd February, there were three
cases in India and by 28th February India had tested 2880 samples, of which 1572
were samples from outside quarantine centres in which only three had tested positive.
The number crossed 500 on March 24, when official number of Covid-19 patients was
519.and the latest update is the total number of cases raised to 7600 with total death of
249.2

3. Government when started the lockdown clearly mention that the essentials necessities
will be available and people will be allowed to go out and purchase them at the given
hours prescribed time in each state.

1
World Health Organisation. (2020, March 11), WHO Director-General’s opening remarks at the media
briefing on COVID-19 -11 March 2020, http://www.who.int
2
World Health Organisation. (2020, January 30), Global Preparedness Monitoring Board – WHO,
http://apps.who.int/gpmb/annual _report .html
Memorandum on behalf of Respondent
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ARGUMENTS ADVANCED

4. The political freedom that is enjoyed by members of society that restrains its people
as far as is necessary to maintain the general welfare of everyone is Civil
Liberties.3The Part III of the Constitution guarantee liberties such that all Indians can
lead their lives in Peace as Citizen of Bharat. Right to life is among the six
fundamental rights and arguably the most important one, guaranteed by the
constitution. The constitution of Bharat guarantees right to life & personal liberty in
part III under the category of Right to Freedom (19-22). The right to life & personal
liberty in accordance with the procedure established by law is guaranteed by Article
21 of the constitution and is available to both citizens & non-citizens. But even
though this right is very important when it comes to one's well-being in the country,
its application isn't absolute. The right to life & personal liberty is subject to
reasonable restrictions which can be imposed by the state according to the procedure
established by law.4 One such example of "reasonable restrictions" is evident in these
days, when the government is doing its best to curb the spread of COVID-19 by
imposing restrictions on the free movement of the people with the hope of cutting the
transmission chain of this highly contagious disease. These are mentioned as
Fundamental Rights by the Constitution and thus violation of these is Punishable. But
These rights come with reasonable restrictions which gives power to abstain the
fundamental if it comes to Public safety, Health and Morality.

The release of covid-19 suspended the rights and forced people to be at their home
and it violated the rights of individual but if look at the section 2 of the Epidemic
Disease Act, it clearly states that:
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 7[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 me asures 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

3
Civil Liberty Definition, Black’s Law Dictionary (9th ed. 2009)
4
State of Punjab v. M.S. Chawla ,(1997) 2SCC 83
Memorandum on behalf of Respondent
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ARGUMENTS ADVANCED

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.
[2A. Powers of Central Government. —When the Central Government is satisfied that India
or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic
disease and that the ordinary provisions of the law for the time being in force are insufficient
to prevent the outbreak of such disease or the spread thereof, the Central Government may
take measures and prescribe regulations for the inspection of any ship or vessel leaving or
arriving at any port in 2[the territories to which this Act extends] and for such detention
thereof, or of any person intending to sail therein, or arriving thereby, as may be necessary.] 5
These sections give power to State and the Central government to enforce new regulations for
the benefit of public as a whole.
5. The gravity of the situation is evident from the fact that even the Judicial
meetings/convention are being performed while keeping in mind the norms of social
distancing. Recently, a Bench Headed by CJI Bobde, J. DY Chandrachud and J.
L.Nageshwar Rao directed that all measures shall be taken by the Supreme Court and
by the High Court to reduce the need for the Physical presence of all stakeholders
within court premises and to secure the functioning of courts in consonance with
social distancing guidelines. 6

5
Ibid
6
In Suo Moto Writ Petition(Civil ) No. 5/2020,In Re : Guidelines for court functioning through Video
Conferencing During COVID-19 Pandemic
Memorandum on behalf of Respondent
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ARGUMENTS ADVANCED

ISSUE 2

4. WHETHER THE MANDATORY MEDICAL BLOOD TRANSFUSION

ACT, 2020 VIOLATES THE PROVISIONS OF THE CONSTITUTION OF
INDUSTAN?

1. As per to WHO, COVID-19 has already been declared as a pandemic, BHARAT in

order to curb the deadly spread, has invoked the Disaster Management Act, 2005 and
permitted different authorities to take measures to effectively enforce social
distancing. The Act clearly defines the term ‘disaster’ broadly and includes within its
ambit a ‘grave occurrence in any area, arising from natural or man-made causes, or by
accident or negligence which results in substantial loss of life, human suffering."
7
Further, the occurrence must be "of such a nature or magnitude as to be beyond the
coping capacity of the community of the affected area."
2. By terming Covid-19 as a ‘disaster’, the Government has accurately conceded the
immensity of the current problem. Considering the huge problem and challenges
associated with tackling the novel corona virus, the Prime Minister issued several
guidelines and issued a lockdown of a period of 21 days, under section 3(2)(a) of
National Disaster Management Authority (NDMA) 20058. the Prime Minister being
the ex-officio Chairperson of NDMA has certain powers under section 6(2)(i) to take
measures to prevent the spread of the disease.9 This power under NDMA, has granted
different authorities to take measures to mitigate the disaster. The guidelines for the
social distancing have been provided under section 10(2)(i) of National Executive

7
Section 2 of the Disaster Management Act defines Disaster as: -
2. Definitions. — In this Act, unless the context otherwise requires, —
(d) “disaster” means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or
man-made causes, or by accident or negligence which results in substantial loss of life or human suffering or
damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature
or magnitude as to be beyond the coping capacity of the community of the affected area;
8
3. Establishment of National Disaster Management Authority. – (2) The National Authority shall consist of the
Chairperson and such number of other members, not exceeding nine, as may be prescribed by the Central
Government and, unless the rules otherwise provide, the National Authority shall consist of the following: —
(a) the Prime Minister of India, who shall be the Chairperson of the National Authority, ex officio;

9
6. Powers and functions of National Authority.— (2) Without prejudice to generality of the provisions
contained in sub-section (1), the National Authority may — (i) take such other measures for the prevention of
disaster, or the mitigation, or preparedness and capacity building for dealing with the threatening disaster
situation or disaster as it may consider necessary;
Memorandum on behalf of Respondent
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ARGUMENTS ADVANCED

Committee, which has been added up to give an aid to NDMA, so that it can help the
authorities perform and act according to guidelines. And Ministry of Home Affairs
(MHA) being the head of the National Disaster Management, giving the sole right of
implementation of orders to the MHA. And therefore, the legal justification of the
Centre’s actions can be satisfied.10
3. Section 18811 clearly states about the disobedience to order promulgated by public
servant. It tells that whoever, after knowing that, by an order promulgated by a public
servant lawfully empowered promulgate such order, he is directed to abstain from a
certain act, or to take certain order with certain property in his possession or under his
management, disobyes such direction; shall, if such disobedience cause or tends to
cause danger to human life, health or safety, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
4. But here in the aforesaid petition, it has been said that police officers were found out
to be lathi-charge or physically assault few civilians, as they were caught to be
roaming around the city during the lockdown. Section 188 clearly doesn’t grant the
act of police that is high-handedness, but however it undoubtedly allows them to
arrest anyone who violates an order promulgated by a public servant. The violator can
be punished with imprisonment upto six months or with fine, or both.
5. Lathi charge is not defined or described under any police Act or CrPc. use of lathi
charge is however taken as one of the steps to compliance of orders . it is to be

10
10. Powers and functions of National Executive Committee. — 10. Powers and functions of National
Executive Committee. —
(i) evaluate the preparedness at all governmental levels for the purpose of responding to any threatening
disaster situation or disaster and give directions, where necessary, for enhancing such preparedness;
11
Section 188 in The Indian Penal Code
188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order
promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a
certain act, or to take certain order with certain property in his possession or under his management, disobeys
such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of
obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a
term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if
such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a
riot or affray, shall be punished with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
Explanation. —It is not necessary that the offender should intend to produce harm, or contemplate his
disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his
disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant
lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a
certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence
defined in this section.

Memorandum on behalf of Respondent

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ARGUMENTS ADVANCED

understood that such orders should be justified in the first place and their
promolgation should be result of application of a logical mind by the competent
authorities. In the present situation the orders promolugated are appropriate and any
lathi charge by police to prevent spread of pandemic due to by illegal mass agthering
of people in isolatipn of orders is justified.But in many cases, it has been seen that the
police officers are seen to be commended for their exceptional and remarkable
attempt in keep going the order in a situation of severe crisis, and enduring the threat
of the dangerous virus by putting their personal safety on stake and obeying to their
duty.But it is because of few deliquent police officers who have chosen to take
incharge of the law in their own hands and strict actions must be taken towards them.
6. The MHA guidelines clearly states that anyone found violating its provisons can be
charged under Section 188 of Indian Penal Code which provides either an
imprisonment or a fine or both, for violation of order by any public servant. Further,
the provisons of Disaster Management also can be called out to mitigate the issue. 12
7. Also, the Union Secretary of Bharat, Ajay Bhalla, has said to all chief secretaries of
states as well as union territories that, any person violating the lockdown measures
issued on 24th March will be liable under the section 51 to 60 of the Disaster
Management Act, 2005 along with section 188 of IPC. He also stated that anyone
obstructing the lockdown could be punishable for a jail term upto two years, giving
the authority to police officers to take the lead.
According to section 188 of IPC, however it is essential to prove that the accuseed had
knowledge of the orders being passed, for which the violation, he was being prosecuted. The
question of knowledge is generally a matter of inferrence from the evidence brought on
record.13
Thus, when one examines section 188, the following essential aspects command attention.
(1) There must be an order promulgated by a public servant;
(2) The public servant must be lawfully empowered to promulgate such order;
(3) The accused must have disobeyed such order;
(4) Such disobedience must have caused or tend to have caused:
a) Obstruction,injury annoyance or risk to any person lawfully employed; or
b) Danger to human life, health or safety; or

12
Ministry of Health and Family Welfare (MHA) Guidelines 2020
13
Re Sundara Mudaliar AIR 1937 Mad 535, (1938) Cr LJ 620 (Mad); Re Madan Kishore AIR 1940 Pat 446
Memorandum on behalf of Respondent
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ARGUMENTS ADVANCED

c) Riot or affray

8. The current situation clearly indicates that few people have been seen to violate the
provisons and henceforth, the public servants has the right to arrest and put them in
jail for a period of six months or more.
9. Also, in a case, Ratlam Municipality v. Vardichand14, the Supreme Court held that
conviction under section 188 can only be made when the consequences of the breach
of the order are proved positively. According to WHO Guidelines, it has been clearly
mentioned that in order to fight against COVID-19, people should follow social
distancing. It is not only for the people who are infected by the virus but for the whole
population15. Keeping this in mind, before imposing the lockdown, the Prime Minister
clearly mentioned the term ‘social distancing’ in his speech.
10. Punishment for negligent act likely to spread infection of disease dangerous to life is
provided under section 269 IPC. So also Malignant act likely to spread infection of
disease dangerous to life is punishable under section 270 IPC. Singer Kanika Kapoor
is charged with sections 269 and 270 IPC and interrograted by lucknow police. Over
270 cases are registered and 3370 people are detained by delhi police for violating
lockdown. Similar cases are registered and accused are detained in different parts of
Bharat which is inevitable in the interest of safety of Bharat.
According to American Psychology Association, it has recorded that public officials are
asking people who have contracted or been exposed to the new coronavirus to practice
social distancing, quarantine or isolation measures in an effort to slow disease’s
spread.Social distancing means keeping a safe distance (approximately 6 feet) from others
and avoiding gathering spaces such as schools, churches, concert halls and public
transportation. Quarantine involves avoiding contact with others if a person has been
exposed to coronavirus to see if they become ill. Isolation involves separating an
individual who has contracted COVID-19 to prevent them from spreading it to others.
Hence, no individual can claim that the consequences of violating lockdown are not
efficiently proved yet. This allows the police officers to arrest any individual under
section 188, who disobeys the guidelines issued by the Central Government.
Thus, Government is doing all it takes to make people survive the situation.

14
AIR 1980 SC 1622, (1980) Cr LJ 1075 (SC)
15
Ibid
Memorandum on behalf of Respondent
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ARGUMENTS ADVANCED

ISSUE 3

3 WHETHER THE CENTRAL GOVERNMENT WAS LEGISLATIVE

COMPETENCE IN THE MIDST OF A PANDEMIC TO LEGISLATE
UPON THE SUBJECT OF PUBLIC HEALTH?

1.As has been discussed above corona virus (COVID-19) is a dangerous pandemic spread not
only in Bharat but also throughout the world attacking the lives of lakhs of people. The
disease is spreading so fastly without making any difference or choice between rich and poor,
that whoever comes in contact with the infected person has to face the risk to his life. Not
only this, but such person can risk the life of many others coming in contact with him. So, it
is very clear that it spreads with multiple number of people getting infected. The scientists
and researchers of whole world are struggling day and night to find medicine/vaccine to cure
and control the pandemic disease but in vain. Under the circumstance the only way to get
control is by avoiding contacts and maintaining social distance between persons.16

2.No doubt large number of labours and daily wagers in Bharat migrate to other places and
cities for their live hood. If the government allows large number of people to travel at large
either by road transport or rail transport definitely it will lead to fast spread of corona virus
which becomes practically uncontrollable resulting in countless deaths all over the country.
Because providing travel facilities to large number of migrant labour and daily wagers with
safety-kits, sanitizers, masks, oxygen cylinder, medical and paramedical staff, ambulance
facilities etc. is parctically impossible. Also maintaining social distance while travelling is
impossible. This has become a global problem and it is not with our nation alone. Therefore,
to save the lives of people of our country lockdown and to “Stay where we are” is the only
solution. In this context it is to be noted that people are asked not to walk out of their home.
People are restrained from attending markets, malls, gurudwaras, temples, masjids, churches,
attending offices and all types of business and trade. All shops are also closed. Marriage
ceremonies and all types of social gatherings are postponed. Violation of any such norms laid

16
The Law And The Lockdown , (2020) 2nd April , Isha Singh ;http://www.livelae.in/columns/the-law-and-the-
lockdown-154668
Memorandum on behalf of Respondent
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ARGUMENTS ADVANCED

by government attracts legal action.17 These steps are taken by government in the interest of
safety of people of Bharat.
Therefore, not only the migrant labors and daily wagers are suffering but in fact the people of
entire nation are suffering which is inevitable. Even many of the countries with advanced
medical technologies are also suffering.

3.Now comes the question of providing basic essentials to the migrated labours and daily
wagers, yes, the government is duty bound to do it. Infact the government has made it
endavour to provide food, groceries, milk and other necessary materials through organized
groups, NGO’s, social workers, elected representatives of people from panchayat level,
municipal level, and parliament segment levels etc. Apart from this government servants
from various departments are also engaged in this job.18 The owners of houses are warned not
to oust the occupants of houses for non-payment of rents. EMI payments of many financial
institutions are also postpond. Many such concrete steps are taken by government which
come to the aid of migrant labours and daily wagers also. SC recently asked the government
for a report on their steps taken to deal with the problems posed by the sudden exodus of
migrants from cities to the hinterland. It also dubbed ‘fear’ & ‘panic’ over the COVID-19
virus outbreak as a bigger threat than the Pandemic itself.19
In view of the above discussions and for the aforesaid reasons the contentions of petitioner
are not tenable and the PIL petition is liable to be dismissed.

17
Bannari Amman Sugars Ltd. v. CTO, (2005) 1 SCC 625
18
Shashank Deo Sudhi v. Union of India, Writ Petition (Civil), 10816 of 2020
19
SC says ‘fear’, ‘panic’ bigger problem than COVID-19, asks govt. for report on exodus, (2020) March 31,
Samanwaya Rautray ;http://m.economictimes.com/news/politics-and-nation/coronavirus-supreme-court-seeks-
status-report-from-centre-on-steps-taken-to-prevent-migration-of-workers/articleshow/74885965.cms
Memorandum on behalf of Respondent
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PRAYER

PRAYER

Wherefore, in the light of the facts of the case, issues raised, arguments advanced and
authorities cited, this Hon’ble court may be pleased to:
1.Dismiss the filed PIL as the petition is not maintainable and medical blood transfusion act,
2020 violates the provisions of the constitution of industan.

AND/OR

Pass any other order that it deems fit in the interest of Justice, Equity and Good Conscience.

And for this, the Respondent shall as in duty bound, forever humbly pray.
Counsels for the Respondent

Memorandum on behalf of Respondent

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