Faced with a three-week extended lockdown due to the coronavirus pandemic, several voluntary groups & citizens petitioned the Bombay HC to seek protection of rights of marginalised population in Mumbai & other urban areas.
It claims that state & civic measures for food security, clean water, sanitation & healthcare have left them "vulnerable" in violation of their fundamental rights.
The services of state & civic bodies hit "traditional blindspots" rendering them difficult to come by for certain pockets. Hence the Public Interest Litigation is seeking various measures be directed to ensure social security of the marginalised section. As interim plea it has sought "unemployment security" to those rendered wageless & that "public toilets are kept open & sanitised for use by the homeless & the urban poor".
The Public Interest Litigation by Ghar Bachao Ghar Banao Andolan & others, soon after the Mar 23 state notification for a lockdown, points to the Mar 11 notification by the World Health Organisation (WHO) declaring Covid-19 outbreak a global pandemic & the invocation of wide provisions of the Epidemic Diseases Act by Maharashtra govt on Mar 13 to introduce a slew of restrictions on public gathering.
"Epidemics are not new" said the Public Interest Litigation & cited the Bubonic Plague when the states invoked its powers under the 1897 Act. It said in Covid, an infectious disease, the virus can remain viable for up to three days on plastic & stainless steel & for three hours in aerosols. While the state has taken steps for containment, "fact remains that large swathes of urban population in Mumbai, Pune etc of daily wagers, domestic workers, manual scavenging workers, hawkers...depend on daily wages".
It said the "Shiv Bhojan Scheme of subsidized lunch be continued in all districts," & that "PDS shops are well stocked" & to bring "all food Items under the Essential Commodities Act, 1955".
It wants immediate decentralising of all Covid-19 testing facilities & not to evict any slum occupant under the Slum Act.
In fact, some slum dwellers be moved to vacant PAPs for "home quarantine" of those from high density slums.
Given the exceptional situation, the Public Interest Litigation petitioners have also emailed the High Court for a waiver of affirmation of the petition in person. Every petition has to be signed by the petitioner in court to affirm it.
It also wants that the authorities "create awareness among slum dwellers, daily wage labourers, sex workers, manual scavanger workers, construction workers, street vendors as well as homeless population about the Epidemic & distribute quality masks, gloves & hand wash, hand sanitizers, sanitary napkins as sanitation material free of cost through ration shops."
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