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The document discusses a writ petition being filed in India regarding the government of Gotham's response to the COVID-19 pandemic. It summarizes that the government failed to implement adequate measures to prevent the spread of the virus, violating citizens' fundamental right to life. Some failures included a lack of protective gear for public servants, inability to increase manufacturing to meet global demand, overcrowded prisons preventing social distancing, and not providing financial support or living facilities for migrant workers and the poor. The lockdown was further extended due to these careless failures by the government to properly fulfill its duties.

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Geetika Khandelwal
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66 views4 pages

SYNOPSIS - Docx 1

The document discusses a writ petition being filed in India regarding the government of Gotham's response to the COVID-19 pandemic. It summarizes that the government failed to implement adequate measures to prevent the spread of the virus, violating citizens' fundamental right to life. Some failures included a lack of protective gear for public servants, inability to increase manufacturing to meet global demand, overcrowded prisons preventing social distancing, and not providing financial support or living facilities for migrant workers and the poor. The lockdown was further extended due to these careless failures by the government to properly fulfill its duties.

Uploaded by

Geetika Khandelwal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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SYNOPSIS

The writ petition filed below in the nature of public interest litigation under article 32 of the
constitution of India which gives remedies for enforcement of rights conferred by the part III
of the constitution, further the petitioner is filing a case through mandamus writ which is
issued to command any statutory body to perform their statutory duty. The PIL is being filed
to bring the attention of the government towards the quick spread of virus which has led to
80% increase in the cases and this is because the government doesn’t have proper quarantine
facilities, medical supplies and proper sanitised place.

The government was fully aware of the gravity of the disaster, without putting in place
adequate measure. The the omission of State actions in this time of emergency violates the
fundamental right of the citizens. The fundamental right to life which forms the ark of all the
other rights is violated. It is humbly submitted that the government of Gotham must have
taken proper measures to protect the nation from this pandemic disease called
CORONAVIRUS i.e. COVID’19.

Corona viruses are a large family which is known to inflect the respiratory infections
spreading from one to another (highly communicable disease) the virus is highly contagious
which spreads through a simple touch it shows basic symptoms common cold and cough to
more severe disease. The virus enters body by entering into the cells. Then the invaders start
to make copy of itself and then slowly they move down the respiratory system. This virus
was unknown till it was first detected in Springfield, in Divided States. The first report was
registered under WHO was on 31st of the last day of the year (31st December, 2019).

Gotham, home to more than 1.3 billion people, is bracing for a surge in COVID-19 cases.
The country already has the largest cohort of people in the world living with respiratory
disease, thanks primarily to its chronic air pollution and high rates of tuberculosis. Such
conditions make this densely populated country the perfect fodder for a virus that attacks the
lungs of its victims. These diseases which have occurred like mentioned above wouldn’t have
occurred or happened if the government was able to do its assigned job properly.

This virus hit Gotham with its first case on 30th January, 2019. The government announced
for implementation health of emergency with directions that the affected persons are to be
quarantined and segregated in isolation ward. The Epidemic Diseases Act 1897 and Disaster
Management Act, 2005 was enforced by government to ensure that the deadly infection of
the corona virus is prevented and educational institutions and many commercial
establishments were shut down. Covid-19’s rapid spread and devastation in various countries
and its mode of transmission have all made the present lockdown as possibly the only option
available to flatten the curve of infection spread. The government ordered 21-day nation-wide
lockdown on 24th of March 2020 to take effect from the 25th of March, 2020 to contain the
spread of COVID-19 epidemic in the country. It is widely expected that the same may even
be further extended beyond 14.04.2020 but this was further extended to 03.05.2020 due to
carelessness and failure of the government doing their duty.

The public servants or government officials are not provided with protective gears(personal
protective equipment), the government failed to forecast the global demand to increase the
manufacturing by 40%, the prisons are overcrowded and therefore it is pretty tough for the
government to maintain social distancing, the government is enable to remove the fake
messages and news on social media which is creating a chaos in the country, the lack of
medical facility, i.e.; only few people are able to get tested for corona virus due to shortage of
labs and equipments, the duty of the government is to rescue the Indians citizen who are
stranded in gulf countries, the poor response by the government to deal with large scale of
migrant workers like delivery persons, daily wage laborer, small road side vendors they not
being proved any financial support, there is a poor food facility present for them and no
proper living facility is provided by the government, although seeing the spread of this virus
in rest of nation the government was very late to announce an ban on travelling, also the
government was unable to stop various mass protests this was tremendously harmful and
helped spreading COVID 19’ across the country.

All these failure by the government have affected the life of the citizen of the country and
hence there is violation of Fundamental Right of life i.e. Article 21. The right to life
enshrined in Article 21 cannot be restricted to mere animal existence but includes the right to
live with human dignity and all that goes along with it, namely, the bare necessaries of life
such as adequate nutrition, clothing and shelter and facilities, freely moving about and mixing
and commingling with the fellow human beings. Although the magnitude and the content of
this right would depend upon the extent of the economic development.

In fact, taking the International law into consideration the republic of Gotham is unable to
fulfill the requirements laid down by the concerned authority which states that International
human rights law guarantees everyone the right to the highest attainable standard of health
and obligates governments to take steps to prevent threats to public health and to provide
medical care to those who need it.

Humans rights violation which includes right to privacy is deeply infringed by the
government the government is keeping a track on the movement of people by attaching a
GPS on their clothes or make them wear a particular type of band the government should
understand the line where it should stop and let the person understand the circumstances of
the same

The prisoner are treated inhumanly, they are kept in a inhuman condition where approx. 25
prisoners are lying on the floor of a single small cell without providing them with any safety
measures like facemasks, gloves, etc.

International law places an obligation on States to behave in a responsible manner, and this is
known as the law of state responsibility. The responsibility of the state is to take care of its
citizens with care and providing them with proper need and facilities which the citizen is in
need of by providing basic food facility, some financial support to under privileged section of
the society, to provide with basic medical services which the state is failing to provide.

As the end of first lockdown which was to end on 14 th of the fourth month of the year (14 th
April, 2020) got further extended till 3rd of the next month by the prime minster of Gotham.
The lockdown was poorly implemented by the government of Gotham due to lack of
quarantine facilities, medical supplies and proper sanitized place.

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