LEGALISTIC NOTION SUCH AS DUTY AND OBLIGATION


CORONA KAAL- HUMAN RIGHT PROTECTION BY - DR. M.K. SHARMA SIR (Advocate at M.P High Court).

INTRODUCTION TO THE THEME

 

It has been well said, “that the life of the law has not been logic, but it has been an experience”. The Corona disease as transmitted virus, knowingly originated in December 2019, in Wuhan, Hubai Province of the Republic of China . Regarding the Corona virus transmission periods, which is broadly speaking as COVID-19 have been decorated with the term ‘PANDEMIC’ is going to be a living issue for an uncertain time zone and the future, to the mankind and humanity for the appraisal of ‘Rule of Law’ vis a vis racing game to play with the process of the protection of the human rights by the authorities concerned with the International and/or domestic HUMAN RIGHTS PROTECTION Organisations /Institutions/ agencies for speedy responses to the victims of the said pandemic in the ‘CORONA KAAL’, due to wide ranging measures through the legislative and executive regulations and instructions. Principles of such Regulations are being based on the ‘Greatest Happiness of greater numbers’ as promulgated by the Bentham and the rules of the interpretation are being applied for, in the Strict sense. However, this humble script have the hope, that the judiciary and all judicious use of the concerned forums, should change the world scenario for the victims of the Global Society vis a vis Indians regarding the issues of the violations of human rights and their.

 

Protections II - CORONA KAAL

 

The Theme settled for the write-up is the contemporary one, as the issues of this Central theme are the ‘midnight burning oils’, for the Global Society and in Indian perspective as well. The India as in cases of entire world, has borne the brunt of the COVID-19 and the spread have been so colossal, that the World Health Organisation (WHO) had to declared it as Pandemic. According to the J Diamond- “historical societies was less complex and the factors that contribute to the collapse of the complex societies are the changes in climate, environmental problems, the society’s responses, hostile neighbours, the collapses of essential trading partners created disharmony and jealousy which weakened the bounding”. People are kept in violations and quarantined and hence normal social life has been affected. There are threats about the survival of the downtrodden, daily wage workers, road side vendors pretty traders etc.because of no cash in hand. The Government of India (GOI) urged the numerous appeals to minimise the risks as a Laxman Rekha. JUSTICE - Social, Economic and Political, is the premier mandates of the Indian Constitution as envisaged in the Preamble. The said adoption of the …WE THE PEOPLE OF INDIA ….. to abide by the mandate as have been spreadably provided in the entire provisions of the Constitution, but, for particularly in Parts III , IV and IV-A, in the shape of the Fundamental Rights, Directive Principles of the State Policy and the added Fundamental Duties of the Citizens, respectively, along with the enacted legislations under these provisions are Applicable if anything else is done in contravention, is ultra virus or otherwise violations of these provisions. However these incidences are guaranteed under the provisions of the Articles 32 & 226 which empowered the Judiciary who follow the path with the judicious approach through the judicial review processes. The Human Rights Protection Organizations are too inalienably armed with the legal framework as per the laid down substantive and procedural laws, regulations and evolved principles as well to see and save the humanity. Thus, in regards to the CORONA KAAL Pandemic, to the humanity and mankind, for the Protection of human rights, the crux mandate is the ‘Rule of Law’ . Approved controversial pieces of the legislations that jeopardised the freedom of expression and speech or otherwise protected freedoms too, are much related or unrelated with the fight against the COVID-19. Due to unusual lockdown, Freedom of movement, expression, media, information, assembly, privacy, data protection, discretions,Discrimination, domestic violences in various ways, the mandate of the Constitution being the ‘Rule of Law’ seems to be lacking. The issues raised for the humanity, during this pandemic, seems to be in huge numbers for the walk of life and could not be enumerated finely. However, a few cases which are widely noticed are being posted for the appraisal and consideration for whom, those are concerned with the protection of the human rights. These modules, though, not able to get final fantasy can be arranged and classified as under : -

1. Life and Liberty

2. Supply of Food

3. Save and Seeks jobs

4. Education

5. Skills developments

6. Livelihood

7. Discrimination

8. Human Dignity

9. Free and Fair Movements

10. Shelter home’s health

11. Trade & commerce

12. Migration

13. Exploitation etc.

The KORONA KAAL Pandemic has become the ‘kaal’ @ Death destiny in such way to the Humanity.

 

III - PROVISIONS FOR PROTECTION OF THE HUMAN RIGHTS

 

Protection of humans and their rights have been the concern since time immemorial, as long as with the existence of the human society as the primitive one, being on the Earth. However, the best recorded history may be argued with regards to the Protection of the human rights for the Mankind are denoted with the declarations of the year 1215 of the Magna Carta . There are several references which seems to be demonstrated the steps in this regard have been declared and decorated for the betterment of the human beings in each and every walk of life. But the regular history regarding such kind of voices for the human rights, of labours in particular, could be traced out to be in the year 1886 in Chicago, where a long week General strike was observed in the month of May during the labour movement to commemorate the hay market affairs for black marketing of the things being utilised for the human lives. During this aggressive procession period, which was converted into the violence, so many police officials and civilians died and injured and in counter action of the State, four labour leaders were executed with the death penalty by hanging and thus, the trial for such kind of alleged involvement seems to be done as miscarriage of justice system. The establishment of the International Labour Organization (ILO), World Health Organization (WHO) and their mandates, regulations and resolutions, under the umbrella of the United Nations and the declarations of the UN Charter on the day- December 10, 1948 are the foot prints for the appraisal of the ‘Protection of the human rights’. During that period, the drafting of the Indian Constitution was going on and the impressions of such kind of Movements, resolutions, declarations could be traced in the process of making the required provisions of the Constitution. There are so many Articles in the Parts III ,IV and IV-A which are empowered to the citizens and authorities concerned for the State whereas 7 to be acted for the welfare of the society and for the Protection of the human rights. Due to the mandate of the Article 51 of the Indian Constitution , and the resolutions of the United Nations and the respective International bodies for the concern of the Human Rights Protection, the Indian parliament passed the legislations and have been enacted as the National Human Rights Commission Act, 1993, as to abide by the world commitments. Articles 14, 15 ,19, and 21 of the Indian Constitution are more relevant to the issue of this situation and access to this paperwork/sketch. There are three basic rights for the workers which have been shorted out as has been an instrumental by the HAM Commission in the year 2013-

A. right to know,

B. right to participate, and

C. right to refusal of unsafe work.

Moreover, the major principles of Labour Legislations and the Industrial Jurisprudence are (a) Social Justice, (b) Social Equality, (c) International Uniformity and (d) National Economy.

But ,during this pandemic it has been seen ,that due to unusual lockdown and non availability of the workers and the transportation, the workers have to be working for upto 12 hours a day, instead of 8 hours and even without any kind of weekday gaps. Moreover, on workplaces, the Human Rights are too inalienably be protected, based on the important principles likes dignity, fairness, respect, equality particularly if the employer is a public authority . Meanwhile in the European union countries, the new resolutions have been passed on 27th April, 2020 for the citizens Rights and for the internal policies. Imprisonment and fines (penalties) increased and applied against the violators of the restrictive measures. Asylum seekers are not allowed and it has been suspended in all over the European union countries. Detained persons are suffering with the restrictive measures in relation to the visits. The conference of ILO for 2020 to be held in the End of the May till the First week of June has been postponed to the year 2021, due to unusual lockdown event for corona virus transmission. Therefore, the latest mandates in the shape of the resolutions to comply with the members States of ILO and the United Nations couldn’t be declared more to determine the best steps and standard to be taken by the authorities concerned to the respective States, regarding the protection of the human rights. The Government of India and the other countries including their respective Statutory Authorities have been taken cognizance and still being in process of getting Protection of human rights in this situation of the pandemic.

 

IV - ENFORCEABILITY OF RULE OF LAW AND DRACONIAN COVID -19 WAR

 

In the wake of global fight against the COVID-19 , the main impact of its, on the humanity is the emergence of the problems likes Global health, food accessibility, education with developed skills and all kinds of the freedom needed for the human beings for living the dignified life with health and safety and liberty. The Digital connect tracings are available, but, these are effective and/ or otherwise available for remotes and for all of the society is a big question mark. Participation for the life activities during the Corona virus transmitted situation, as a pandemic have to be made the demand for the new rules and regulations for global society vis a vis Indian community for conducting the routine businesses of the families, kids, children, youth, immigrants to curtail the apathy towards the hungry and thirsty and privacy life advancement. It is also the best regard for the appraisal by considering that the mistakes done in the pre pandemic era of 1918-20 of the previous century and that it should have been not be repeated. COVID-19 Regulations on being observed, seems to be undermines the ‘Rule of Law’. Why the people are not abiding and/or protesting the advisory/orders regarding the Safety steps and Stay at home is the burning question. Elementary food and medical facilities for survival, the children/students and participants need more than the virtual education and visits, litigants needed to make the court hearings to be physical and not virtual. Workers need the physical presence with distancing and not merely virtual presence. Internal situation and speech will never go back to normal. Law suits are being failure and Judges may get impatient. Bankruptcy, worship places are closed. COVID can mean Death . Sentences to be the prisoners and the persons in the custody. Closure of the small scale industries and businesses and unparalleled migration due to unusual lockdown and non availability of the workers are on the seen.

 

V- THE STEPS/MEASURES TAKEN BYTHEAUTHORITIES CONCERNED

 

During the regime of the CORONA KAAL, so many steps and measures through the respective authorities have been taken and still being considered for the appraisal and appreciation of the society. The whole some steps are not going to be described with here because of the paucity of the script. However, in brief, as

(1) By the Legislatures, the best needed provisions have been made or modified to its relevance. We could see the term ‘quarantine’ had been used in our Indian Penal Code, 1860 , more than 160 years ago, under Section 271 and punishments for the violators have been prescribed. Section 188 could be traced for violations of the orders from the magistrates. The Disaster Management Act, 2005 is too working on, besides, the other related provisions of the law.

In response

(2) the Executives have issued and still is issuing the guidelines, instructions etc. as per the prevailing provisions and needs on the regular intervals being popularly known as ‘lockdowns’ and ‘unlockdowns’ periods and containment Zones.

( 3 ) the Judiciary taking the cognizance for going on efforts and imposed guidelines and their impacts on the Societies and community either by taking suo moto cognisance and/ or the petitions are being filled as per individual basis or as a Social Action/ Public Interest Litigations and the judicious approach are being applied literally as per the norms and standards and need of hour. For example, relaxing the Limitations for filling the appropriate litigations Universities and School Board Examinations, admissions, physical and virtual classroom management issues, migrations from one place to another, proper treatment medication, distribution of the food and its accessibility, working conditions of the employees, there wages payment processing method, free and fair movements and trade and commerce and business and the regular Court hearings etc. In a recent Case of the Karnataka High court, the Karnataka State governments has challenges the Blocking of the state boundary by the Kerala State governments. In another PIL pending with the Supreme court of India, the decision to take examinations by all the Indian Universities and School Boards by the month of the September, the raised issues are still pending.

(4) In response to the Global health care and Freedom for the appraisal of the Humanity- International bodies likes United Nations and their Allies such as ILO, WHO, ICHR etc are significantly functioning for the Global Society vis a vis Indian community.

(5)The concern of the Human Rights Protection Organizations seem to be visible and they are willingly ready to help the people who belongs to the victims categories.

Besides the wholesome steps which are taken and still being taken by the authorities concerned for weeding out the emergence situation due to unusual lockdown event in the CORONA KAAL Pandemic, the NGOs have contributed generously in cash and kind to lighten the bad impact and to prevent the socio-economic well being of our Indian Community. The Indian tradition has always underlined the importance of physical as well as mental health care and well being. One can able to face it only with a healthy body and a strong mind . Anything else in the life may be regained, but, when the human body is lost may never be acquired again.

 

VI -SOCIAL IMPACTS

 

There is a bad experience scenario for the the world society of the CORONA KAAL Pandemic due to unusual lockdown event and because of the Corona virus transmitted situation, not only in terms of service, jobs, money, domicile conditions, migrants either way within India or otherwise, but abroad too. The ILO since its inception working for the Safety and Health at working places. The ILO under the umbrella of the United Nations recognising the great challenges that the Governments, employers, employees, workers and the whole society are facing hardships during this CORONA KAAL Pandemic. The issues raised against the global society are significantly at higher levels and the same as in case of India or Indian perspectives. However, particularly in the Indian perspectives, the impact to the humanity and mankind for the Indian scenario the following sagas may be enumerated and which can be arranged /classified or otherwise worked out as follows:

• Societal Division

• Migration

• Loss of jobs

• Food safety

• Discipline

• Discrimination in terms of Equality, race, cast, creeds, domicile, sex, residential

• Regionalism

• Economy

• Domestic Violences amongst all the family relations

• Consumers free movements

• Freedom of Speech and the Expressions, Movements etc.

Due to unusual lockdown ,throughout, since 22-23 rd March 2020, impact on the different segments of the society could be traced. As, therefore, we have to help the migrants to find out a home on the aliens places as different versions in our cultures languages living style, looks, food habits demonstrates the people as outsiders. Due to unusual lockdown event since by loosing their empowerment, economic constraints become cruel and most of the organized workers, so as the livelihood and desolate people, who had left their respective homes to earn money and credits, but unfortunately the locals declared them as outsiders. Suicidal cases on the grounds of Corona victimization could also be seen. Regulations/ Guidelines/ instructions/orders have issued enough or otherwise too in pipeline . These are mainly based on existing legal provisions. India being belongs to the the mixed economy country Both kinds of harsh and lenient sentence/penalties have been provided for the violators. However, in cases of violations of the Constitutional safe guard’s, the Courts of law and Human Rights Protection Organization seems to be required to be taken the cognizance and all kinds of things to protect against the Corona victimization, as per the norms and standards and human values. Social distancing seems to be hitting Peoples even more than anything else but also the scares to the badly corona virus transmission.

 

VII- TO SUM UP

 

It is now well settled and known to the entire world that the CORONA KAAL- PANDEMIC, Corona virus transmitted periods and due to it’s an unusual lockdown throughout the world is a bad ever gift to the Humanity and it’s disaster impact on the Process of the Protection of human rights. World Health Organization (WHO), declared the event as pandemic and this contemporary issue raised by the authorities concerned world over for the humanity as worsted not only for the global health and safety for the life and liberty, economy and environment , but, created havoc and hustle in the many ways of inequalities, likes access to income jobs works and employment, education with developed skills and the effects of Social and physical distancing as the societal division. Resultantly, created the problem of the Discriminations in the shape of arbitrary discretions to the empowered Personnel ’ s and indiscipline, recital or otherwise too and all in respect of Indian Perspectives, it’s created disasters Impact , and the increase incidences of discriminative violences amongst the natives of the society of that vicinity and between the people who belongs to the Other States of India including the NE region Indian, may be Persons or otherwise too Personnel’s. Due to the International pressures commitments and international treaties and to abide by the provisions of the the Indian Constitution as envisaged under Article 51, there are hard guidelines and/or otherwise issued Instructions issued by the authorities concerned and/or in pipeline to the Government of India ( GOI ) and the respective States governments, there seems to be hardly ever scope for the Protection of the society/ community thru the Human Rights Protection Organizations in India and abroad too. To maintain the law and order, the Strict Rule of the Interpretation is preferred, however may not be applied Literally as well, as in the modern world, the people/citizens of any Sovereign Countries including India, surrendered their respective rights to the State concerned with the hope that, their respective Destinies would be better for the life, liberty and justice, in the hands of the States and their Allies. There is a saying that, “the Laws are made for the Societies and not the Societies are made for the Laws”. Therefore, though there is a mandate to the State under the provisions of the Constitution to comply with the commitments and abide by the International Standards, the Enforcement of the Rules/Regulations/ Institutions and/ or orders must be logged with the interpretation meant for the Golden Rule as no law or authority is above the Rule of Law. At this point of time the services provided and still being provided by the Authorities of the administration team, medical, security, cleaning and maintenance and sanitising personnels are too inalienably and incredibly be appreciable, because this COVID pandemic has overwhelmed the entire world ,the aforementioned processes which are being followed along with the two disciplines of “Social distancing” and “wearing masks “seems to be the only way to control and defeat this mammoth Pandemic. The process of getting Vaccination to fight against with the DRACONIAN COVID decease, as per the scientific approaches, availability of the Vaccine is on the Way. And is being tested by the experts community in the field of medical sciences, on the grounds of the logistics and morality. However, it is still a need of hour as a Hard Core Steps which are required to be taken in favour of the humanity and for the mankind for the Protection of human rights, by the authorities concerned to the such kinds of the Organizations / Institutions / agencies, for regaining the Right to Life and Liberty as a natural resources or otherwise too, be of the Fundamental Rights of human beings and the process of getting Protection of human beings in terms of Dignity and dignified human life in incredible and freedom India . This Script with the conclusion is going to be not enough but in hopes for the appraisal and for the better and incredible India.

 

"Happy Independence Day to all. Jay Bharat ,Jay Hind"