EXECUTION IS A KEY TO DETERMINE THE GOAL – STATUS OF THE QUARANTINE HOMES OF UTTARAKHAND.


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ABSTRACT:
The meaning of quarantine according to the Oxford dictionary is “a period of isolation for people that have or may have a disease”. As on date, the government of Uttarakhand has authorized the migrants to return to their respective native homes in the state of Uttarakhand and it is mandated that they stay in an institutional quarantine or quarantine centers as a suspect of COVID -19 so that the mandatory medical tests be taken. However, in Uttarakhand only four districts were allocated the duties for quarantine centers, namely Dehradun, Udham Singh Nagar, Haridwar and Nainital.
Ironically, the fact is that in Nainital district there is no ventilator facility in any of the hospitals. Addressing this concern, a PIL was filed on 18th April 2020 for demanding the necessary facility like ventilators in the hospitals of Nainital district. Moreover, today we are concerned about the condition of the quarantine center which is deprorable unfit for life, forget a healthy life. Apparently, the District Legal Services Authorities in their report specially specified that the conditions were pitiable. Another PIL was filed in High Court of Uttarakhand to provide the congruent instructions for functioning of quarantine centers as well. Crucial for the survival of humans and it mentioned that food, shelter and sanitary facilities are the basic requirements for living beings which to be provided in a proper manner. Unfortunately, these requirements were not available for the inmates and hence the High Court was bound to take necessary decision regarding the state’s negligence.
INTRODUCTION:
It has been only six months of 2020 and the whole world is overburdened with crisis whether it was earthquakes, forest fires, cyclones or coronavirus pandemic (COVID-19). In spite of the fact that the world is trying arduously to survive from the current situation simultaneously it created a financial crisis, failure of economic plans, falling in GDP (Gross Domestic Product) and many other relatable issues of huge dimensions.
In India, Coronavirus pandemic is spreading so rapidly that it not only affecting the urban areas but also the small or rural areas reaching each and every corner of the country. The Government of India is working day and night to cut down the chain of affecting people but it seems a Herculean task. Importantly, the Government is providing required information regarding the pandemic which must be known to all so as to prevent it as much as we can, that includes:
⦁ Awareness about the disease and prophylactic steps to be taken,
⦁ maintaining the supply of necessary good in market like vegetables, dairy products, medicines, and
⦁ providing medical facilities to the hospital.
Also the government is preparing for quarantine centers for the migrants who are returning from different states to Uttarakhand. The government organized this facility for them before they went their respective residences so that it would be easy to identify whether they are (COVID- 19) positive or not. However, the execution of the whole exercise seems to be a big failure as seen in the state of Uttarakhand. The PIL was filed in the Uttarakhand High Court about the worst condition of institutional? Surprising not only the location of the quarantine centers but also the facilities and basic amenities to inmates is pitiable. As also reported by the District Legal Services Authority.
ORIGIN OF THE PANDEMIC:
Novel Coronavirus or COVID-19 or SARS-COV-2, this virus is widely known for these concern names. Subsequently, the human affected case was reported in Wuhan, China in December 2019. After the retrospective investigation of the case, it was found that many of the infected people were the shop owners at a wholesale food market at Wuhan City. Further it was concluded that the market was the source of SARS-CoV-2 and eventually the market was closed by 1 January 2020.
China was accused of construction and manipulation of corona_virus. But after investigation it was concluded the virus ecological origin was from a bat. There is no evidence against China for the construction of virus irrespective of the belief and acceptance of the rest of the world who wouldn’t want to buy what the content of the investigation report and continue blame China for the origin of Corona_virus.
In India, first infected person was reported on 20th January 2020 in the state of Kerala. The person was having travel history from Wuhan, China. Then with time, rate of infected persons multiplies speedily and rapidly. The government of India took necessary action by sentencing lockdown in the nation from 25th March 2020 to 18th May 2020. The Nationwide lockdown had been divided into four phase’s i.e.
⦁ 1st Phase : 25th March 2020 – 14th April 2020 (21 days)
⦁ 2nd Phase: 15th April 2020 – 3rd May 2020 (19 days)
⦁ 3rd Phase: 04th May 2020 – 17th May 2020 (14 days)
⦁ 4th Phase: 18th May 2020 – 31st May 2020 (14 days)
Before lockdown, the government of India ordered on 22nd March 2020 for a 14 hours voluntary public curfew which is known as janta curfew. Coronavirus statistics according to world which is mentioned below:
WORLD EUROPE AMERICA BRAZIL INDIA
Total cases 234 lakhs 33.45 lakhs 58.42 lakhs 35.83 lakhs 30.50 lakhs
Infected rate 66.58 lakhs 11.56 lakhs 25.13 lakhs 7.59 lakhs 7.11lakhs
Recovered rate 159 lakhs 19.83 lakhs 31.48 lakhs 27.09 lakhs 22.82 lakhs
Total Death 8.09 lakhs 2.05 lakhs 1.80 lakhs 1.14 lakhs 56,883

The above mentioned statistics was of 24th August 2020 and are varying day by day as they were increasing continuously in the world.

PUBLIC INTEREST LITIGATION:
On 20th April 2020 the PIL was filed in High Court of Uttarakhand regarding the worst condition of the quarantine centers. According to the PIL and District Legal Service Authority these quarantine center in villages are mostly functioning in government primary schools and secondary schools. First and foremost there are no facilities in these centers to provide food to the inmates. Food is been provided by the villages and the family member of the inmates. Secondly there is no hygiene facility in the center, as each of the centers has 20-30 inmates and for them only 1 or 2 toilets is present in the center. Along with this most of the time toilets are not clean and even bad condition. Ironically the purpose of providing quarantine center is to identify who is corona positive or not and protect the remaining once and send them home as soon as possible. Even though there is a problem of delaying in getting medical reports of the inmates. If this the way of work process then it would be dangerous to the life of the inmates in the quarantine centers. It would also affect those who are not positive. Ultimately in the end the question will arise that what is the benefit of establishing quarantine center if we are not able to separate the affected positive cases from the rest.
Another PIL was also filed on 18th April 2020 regarding the medical facilities provided to the medical team. Along with this medical facilities should also be provided to those duty holders who are working in quarantine centers. It is highly required because they are risking their lives for the inmates. If they were not able to help they then how will be going to help the inmates? As everyone aware of that the antidote of Coronavirus (COVID-19) is not found yet or any country officially announced it. Thus, it is not currently available in our country. Till then, we all have waited patiently and also to function accordingly, using the method of quarantine of 14 days. Everyone needs to be careful and take care of themselves. As this thinking will leads to save them from get infected from the disease and ultimately it will decrease the pace of spreading in the world.
Providing the basic requirement is the right of the inmates. But this is not enough for the smooth running of quarantine centre in this pandemic era. The important element for smooth process is to frame rules and regulations so it can instruct the path. The Execution of the quarantine centers will again become a failure if there are no rules and regulation formed. A legal frame work is like a backbone for the project i.e. quarantine centers. It is a need of an hour and it is to be made.
JUDGMENT ON 02 JUNE 2020
Hon’ble Sudhanshu Dhulia, J and Hon’ble Ravindra Maithani, J said that the “Gram Sabhas” as also short of funds, and they appear to be in no condition to manage these quarantine centers. The government of Uttarakhand wherein a duty has been cast upon the District Magistrate to coordinate with the “Gram Sabhas” and “Gram Pradhans” of such villages where these with quarantine centers have been established provide them with funds and see to it that these quarantine centers are properly managed.
RULE OF LAW
The concept of rule of law has been derived from the French phase “le principal de legalite” which means the government based on the principles of law. The government can exercise its power to safeguard against official arbitrariness and discriminating activity. According to Professor A. V. Dicey, “for achieving supremacy of law three principles of postulates must be followed which are as follows;
⦁ Supremacy of law
⦁ Equality before law and
⦁ Predominance of legal spirit
Rule of law require that no person shall be subjected to harsh, uncivilized or discriminatory treatment ever when the object is the securing of the paramount exigencies of law and order. The court plays an integral role in regulating the rule of law, in hearing the grievances of the sufferers. For instance, the Constitution itself contains provision, which help in formulating the rule of law in the system. In Article 14 of the Constitution of India held that Equality before law which declare that the State shall not deny any person equality before law and equal protection of the law within the territory of India.”
In the case of Manmohan Lakhera v. State of Uttarakhand , Manmohan Lakhera is a Dehradun-based journalist who filed PIL against the unscrupulous person has encroached upon the public paths. Therefore, the court held that the State government is directed to carry out necessary amendments in the building bye-law of the Nagar Nigam Dehradun and MDDA (Mussoorie Dehradun Development Authority) that no unauthorized construction is compounded to arrest the tendency of the people to raise unauthorized construction by paying meager compounding fee. The compounding of entire unauthorized construction is against rule of law.
CONCLUSION:
The motive behind establishing the quarantine center is crystal clear now. That it is for the migrants who will stay there till the medical reports hasn’t come. If there will be any positive case then the necessary medical action shall be taken. Beside with this the government should also work on the execution plan of the project by framing rules and regulations. As well as it is there duty to maintain tidiness and cleanliness in the society regarding discarding the waste of quarantine centers. As inmates are not in very much in numbers and the situation still got pathetic. What happened when there are huge of people in the state for quarantine centers? Therefore, the quarantine centers should be organized in such a way that there shouldn’t be a chaos. Along with that there should be proper sanitary facilities for the inmates as well as for the duty holders. Food facilities, toilets facilities, water facilities come under necessary requirements. When the functioning of the body is up to the mark then only we can help the people to fight with disease like coronavirus.

PICTURES
⦁ Quarantine centers waste discarded openly, COVID-19 outbreak fear in locality. Medical equipments contain numerous viruses in it. It is very important for the proper disposal of the waste. Below picture states the negligence of the medical teams. Simultaneously, it is affecting the environment of the area too.

⦁ Poor facility for drinking water. The fact of manner is 70% of human body is made up of water. The picture is showing the quality of water provided to the centers which will be very hazardous for their health. Therefore, a legal frame is required for whole functioning.

AUTHOR – HRITUL RAWAT
COLLEGE – LAW COLLEGE DEHRADUN
COURSE – B.B.A.LL.B(Hons.)
YEAR – 4TH YEAR

CO-AUTHOR – ABHISHEK KUMAR
COLLEGE – LAW COLLEGE DEHRADUN
COURSE – B.B.A.LL.B(Hons.)
YEAR – 4TH YEAR

 


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Manish Tiwari

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