Supreme Court ruling on COVID situation on lines of Muzzled Voices’ letter to CJI on April 18, 2021

 

Muzzled Voices is happy to see the order by the Supreme Court in a suo moto case regarding the grave situation that has arisen, when it comes to handling the COVID pandemic situation in the country.

Pained by the utter failure of the Union Government in handling the situation, with acute shortage of ambulance, oxygen, medicines, beds and hospitals as well as crematoria and burial grounds, Muzzled Voices editor abhay mokashi wrote a letter to the Chief Justice of India on April 18, 2021, praying for the apex court’s intervention to give relief to the people and to protect their right to life.

Though the suo moto case does not mention the letter, but Muzzled Voices is happy that almost all the points raised in the letter are taken care of by the Supreme Court.

The Supreme Court bench comprising Chief Justice S A Bobde, Justice Ravindra Bhat and Justice L Nageshwar Rao, described the situation as national emergency like. The Bench asked the Union Government to submit its plan on Covid preparedness, including the details of the nationwide vaccination drive plan.

The court said that it will issue a notice to the Centre on four issues: supply of oxygen; supply of essential drugs; method and manner of vaccination; and power to declare lockdown.

Here is the full text of our letter to the Chief Justice of India:

 

April 18, 2021

 

To

Hon’ble Chief Justice of India,

Supreme Court of India,

New Delhi

 

Sir,

I, abhay vasant mokashi, an Indian habitant, ..........................(I) am a journalist for over 40 years and media trainer for over a quarter of a century. I am also the Editor of a website www.muzzledvoices.com.

I am writing to you because I am pained to see the situation in the country arising out of the COVID 19 pandemic and it is now a question of people’s right to life.

The disease is spreading rapidly in different parts of the country and people are finding it difficult to get ambulances, hospital beds, oxygen and Remdisiver (a medicine required to give relief to a COVID patient) and those who succumb to the disease do not get a proper cremation or burial.

This is the situation in almost all states and union territories, which have reported COVID cases in high numbers.

Sir, it is well-known that the best way to prevent the spread of the disease is to use masks, sanitise/wash hands and to keep physical distance between people. While the Government of India and State Governments have been propagating this, it is sad to see that leaders of the governments have been violating these norms.

Individual citizens are being penalised by local authorities, but elected representatives, Ministers, Chief Ministers and even the Prime Minister are often seen without masks, yet no action is taken against them. What is more important is that people emulate leaders and if leaders do not follow the norms, the followers cannot be expected to observe the norms to prevent the spread of the dreaded disease. Mahatma Gandhi had said, “Practice before you preach.”

It must be stated here that Norwegian Prime Minister Erna Solberg was fined last week for violating the country’s curbs to prevent the spread of COVID. This shows that in that country, nobody is above the law. This does not seem to be so, as our leaders go scot-free.

Sir, assembly of people is a big cause for the spread of the disease and various governments have put restrictions on assembly of people, including for marriages and funerals, yet members of the governments and leaders of political parties have been holding rallies to campaign for the assembly elections. Huge crowds are witnessed at such rallies, there is no social distancing, yet no action is taken against the organisers and the speakers at these rallies, but marriage parties with a slightly high figure are raided and the organisers and the owners of the premises are fined for violating the COVID norms. Here again, there is no equality before the law in our country.

It is also noted that almost all those attending the public political rallies, including the speakers, have not been wearing masks.

The Uttarakhand Government and the Union Government, instead of putting restrictions on the gathering of people at the Kumbh Mela, issued advertisements inviting people to the Kumbh Mela. This has not only set a bad precedence, but it endangered the lives of the people attending the Kumbh Mela as well as the people at large as those returning from the Kumbh Mela are most likely to carry the virus with them to different parts of the country. There are fears that the cases will shoot further in the coming days, as the devotees return to their places of origin, many of whom are likely to be carries of the deadly virus.

One senior sadhu, known as a Mahamandaleshwar has died of COVID 19 and at the last official count over 3000 attendees of Kumbh Mela have tested positive to the disease spreading virus.

Sir, I must point out here that the Norwegian Prime Minister was made to pay a fine for organising a family dinner, which exceeded the limit and she did not even attend it. On the contrary, the Uttarkhand Chief Minister Tirath Singh Rawat announced publicly that Ganga Maa will not allow the spread of the disease. The reality is to the contrary.

The devotees at the Kumbh Mela are not only violating the physical distancing norms, but also found to be violating the order to wear masks in public places. No action is being taken against these individuals, while elsewhere those not wearing a mask are made to pay a fine. This gives an impression that the Governments are soft on Hindus, hence there is no equality before the law. Last year, different norms were used against the Muslim organisation, Tablighi Jamaat was blacklisted for holding their conference during the start of the COVID pandemic in India.

It must be pointed out here that just has Kumbh Mela is very important for Hindus, Umrah and Haj pilgrimage is important for Muslims. Last year and this year too, the Saudi Arabia government has imposed restrictions on Umrah in the light of COVID 19 pandemic and to protect its citizens.

Several sadhus and devotees have refused to under go the test to see if they are infected by the virus.

In many states, it has been made mandatory for those entering the state or moving from one district to the other, must care a RT-PCR test negative report. This means that they are not infected by the COVID causing novel corona virus SARS 2. This is essential to ensure that COVID positive patients do not enter a city or district. This rule is applied strictly in the case of common people. Even as I am typing this, there are reports that the Delhi Government has issued legal notices to airlines, for not checking the RT-PCR test reports of passengers travelling from Maharashtra.

Sir, while this is the case with ordinary people, it is noticed that political leaders of various states, including Maharashtra, have been traveling freely without they being asked to show RT-PCR tests reports. Even members of the Union Council of Ministers, including the Prime Minister, who have been traveling to various states and back to Delhi are not being asked to produce the said test report. I fail to understand if there are different rules for political leaders.

There is an acute shortage of Remdisiver injection in many states. In Gujarat, while the Government announced that there is a shortage of the injection, the Chief Minister of the State was told that a leader of the ruling Bharatiya Janata Party has a stock of 5,000 vials, upon which he told mediapersons to ask him how he got the vials.

Similar is the situation in Maharashtra, while the people in the state are struggling to get the injection to save the lives of their near and dear ones, the leaders of the opposition said they had ordered the injection worth Rs 4.75 crore. Sir, the distribution of the said injection should not be left to political parties, especially when they are not authorised dealers of drugs. All this is done to gain political milage, even as people are suffering. In Marathi, we call this attitude: Taluvarche Loni Khane (to consume the butter kept on the scalp of a corpse, before cremation). 

The said injections is being sold in the black and people are made to pay a huge price for it.

Sir, people are dying due to lack of oxygen and it is expected that the Central Government acts swiftly to ensure that there is no shortage of any medical facility, whether ambulances, beds, medicines or oxygens.

As citizens, we find that State Governments are complaining about the shortage of oxygen, Remdisiver and anti-COVID vaccines and the Union Government has been claiming that there is no shortage and that adequate supplies are being sent to the State Governments. Sir, the people want to save their lives and those of their near and dear and are not interested in knowing which government is speaking the truth. The reality is that there is a shortage of these products.

The corona virus does not attack or protect any particular set of people, members of a community or religion or people with specific political leanings. When the virus does not discriminate in attacking human beings, when it comes to handling the COVID cases, there seems to be discrimination.

There is also the issue of migrant workers. Once again, many labourers in the country are trying to go back to their places of origin, but they are not being provided proper facilities.

The common people feel let down by various governments. Personally, I am pained to see people suffer and I am sure this is the situation of many in the country.

Under the circumstances, the judiciary is our only hope.

In the past, I have knocked the doors of the judiciary in public interest, this time I do not have the wherewithal to do so, hence I am writing to you Sir.

I pray that:

1. The people’s right to life be protected and the governments be asked to spell out their plans to help the people.
2. The concept of equality before law be ensured by avoiding discrimination, when it comes to action for violation of COVID preventive norms.
3. Action be taken against all the violators of norms, under the relevant laws, including the Disaster Management Act.
4. Kumbh Mela should be suspended immediately, to prevent the spread of the disease.
5. Those returning from Kumbh Mela should be quarantined for 14 days, so that they do not spread the disease.
6. The Union Government be directed to ensure adequate supply of oxygen and medicines.
7. Schemes be worked out to help the marginalised, who are suffering due to the pandemic.
8. Appoint a commissioner to monitor the fight against COVID 19, by various governments.

 

I affirm that what I am saying is true to the best of my knowledge and belief and shall be willing to provide additional information as and when sought.

abhay vasant mokashi