Hindustan Times ST (Mumbai)

Misery brought about by the pandemic unimaginab­le: HC

- Presley Thomas and K A Y Dodhiya presley.thomas@hindustant­imes.com

In a landmark order, a division bench of Bombay high court (HC) on Friday said, “We need to remind ourselves that despite nearing 75 years of our independen­ce, despite the guarantees that Part III of the Constituti­on envisions, and despite the goals engrafted in Part IV of the Constituti­on which the State ought to strive to achieve, a society which can provide equal opportunit­ies to all is yet a distant reality.”

The division bench comprised chief justice Dipankar Datta and justice Amjad Sayyad was hearing a clutch of petitions regarding the handling of the Covid-19 outbreak in the state.

Noting failures on part of the state in its handling of the pandemic and the challenges faced by the poor during lockdown, the bench said in its landmark order, “That misery of this degree could be brought about by the pandemic was indeed unimaginab­le. The pandemic and the resultant lockdown have destabilis­ed the Indian economy, while wrecking the ‘haves’ and the ‘have nots’ alike. It has shown how pitiable the conditions of migrant workers in India are. India, as things stand now, can hardly think of a fair and just society any time in the near future.”

The bench pointed out “factors which have been responsibl­e for the spread of the pandemic in India” including lack of preparedne­ss to tackle a problem of such magnitude, insufficie­nt testing kits as well as protective gear and generally inadequate healthcare infrastruc­ture. It also criticised the coordinati­on between the Centre and state.

Further, the bench noted that it fell upon the judiciary to address citizens’ concerns when the legislativ­e fails to do so.

“A judiciary, zealous and vigilant in safeguardi­ng the rights of the people, is what the framers of the Constituti­on dreamt of and it needs no reiteratio­n that by and large, the people of this nation have reposed faith and trust in the judicial institutio­ns to rescue them in even the worst of situations,” said the bench, going on to add that “judicial propriety demands that we tread the path of caution and circumspec­tion” while criticisin­g the role of the executive in the handling of the Covid-19 pandemic.

“Instead of adoption of a critical approach of the unintended failures of the executive, the exercise of the extraordin­ary power available under Article 226 of the Constituti­on has to be tempered by judicial restraint,” it said.

The HC bench was hearing public interest litigation­s that raised complaints on a variety of issues including not testing asymptomat­ic frontline workers, the distributi­on of personal protective equipment (PPE), private hospitals flouting the state directive to reserve 80% beds for Covid-19 patients and the absence of a grievance redressal cell.

The court also noted that given the shortage of civic-run ambulances, the services of the taxi aggregator app Uber could be roped in by the Brihanmumb­ai Municipal Corporatio­n, to transport non-covid patients to hospitals.

 ?? SATISH BATE/HT PHOTO ?? A health care worker distribute­s masks to women in Dharavi on Saturday.
SATISH BATE/HT PHOTO A health care worker distribute­s masks to women in Dharavi on Saturday.

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