The Karnataka High Court yesterday issued another set of directions pertaining to various issues surrounding the 21-day Coronavirus lockdown..A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice BV Nagarathna has passed the following set of directions..Masks for hospital staff An email was received from one Dr. Zeenath at the Pathology Department, ESI Kalburgi Hospital, stating that hospital staff were not provided with masks. The Court was also informed that some of the staff members were present in the room where one COVID-19 positive patient had visited before being tested positive. .The Court also took note of another e-mail received from health workers in Bidar District, in which they stated that they were not provided with masks and PPE kits. The Court has asked the Additional Advocate General (AAG) to look into both issues..Migrant workersOn the point of migrant workers, the High Court was informed that they were not being provided with any shelter, food and toilet facilities. The Court held that the issue had to be addressed immediately. Counsel appearing for the Karnataka Legal Services Authority (KLSA) submitted that nearly 1/3 cases tested from Bangalore are positive and if proper facilities are not extended to migrants, then the situation would worsen.At this point, counsel for People's Union for Civil Liberties (PUCL) pointed out that there are Operational Guidelines for Urban Homeless Shelters..In this regard, the Court suggested that, "It is always possible for the State and local bodies to get the list of labourers working on various public projects so that they can be traced and accommodated in shelters. The local bodies such as municipal authorities will be in a position to get the list of labourers even from private parties, who have undertaken the projects of construction." .Further, the Court directed Bruhat Bengaluru Mahanagara Palike (BBMP) to locate migrants who are on the streets in different parts of the city, and to ensure that adequate number of shelters are set up. The Court also urged the state government and all urban local authorities to coordinate with CREDAI and other building associations to ensure that construction workers stranded at sites or other places be taken care of..Th state government was also urged to issue directions to Municipal Corporations, Municipal Councils and Municipal Bodies in the state so that they will be made responsible to take care of migrants and construction workers within their respective jurisdictions..Sufficient number of labs and testing facilitiesThe Court directed the state to provide a district-wise breakup of COVID-19 positive persons. The state must also provide location of labs which are authorised to test and diagnose people for COVID-19. Additionally the following directions were passed:.1. The State to specify whether any efforts are being made to make available more labs. 2. State to provide a district wise breakup of ICU beds with 740 ventilators as well as district wise breakup of isolation beds. 3. The State must report whether existing ventilators are working and whether adequate tech personnel are available to operate ventilators. It must also ascertain how many ventilators are needed and efforts made to procure additional ventilators and isolation beds. 4. State must also disclose efforts made to ascertain how many beds are needed..Primary Healthcare Centres (PHCs)The Court ordered the Secretaries of the respective District Legal Services Authorities (DLSAs) to make visits to some of the PHCs in their respective jurisdictions on a random basis and to submit a report on their functioning..PPE Kits On this aspect, the Court held, "State must disclose before the Court whether it has ascertained as a measure of preparedness, the total requirement of masks of various categories and PPE kits and what is the action plan of the State to procure the equipment. The State will have also to clarify whether PPE kits can be made available at cost to private hospitals and private clinics. The State must make a statement whether masks, PPE kits and sanitizers have been made available to all the public hospitals in the State.".The Bench also welcomed the initiative of the state to convene a video conference meeting in presence of the Secretary of the Health Department and other officers. This meeting, to be held on April 8, can be attended by the members of the Bar who are appearing in the matter..Complete Ban on all religious festivals/congregations On the basis of a TOI report, the Court was informed that the state government had given permission to hold Bengaluru Karaga Festival on April 8 and that there would be large congregation of people to celebrate the same. However, this was refuted by the Additional Advocate General, who submitted that no such permission had been granted by the state..At this juncture, the Court laid emphasis on the fact that a complete ban of all categories of religious congregations has been put in place. "The entire object of imposing the lock-down and issuing orders under Section 144 of the Code of Criminal Procedure, 1973 is to avoid mass congregations. It is not out of place to mention here that it is an established fact that mass congregations lead to spread of Corona virus", the Court observed..[Coronavirus Lockdown] Karnataka HC issues directions on religious congregations, animal welfare, stranded migrant workers, rural distress.Medical shops not functioning Another specific grievance made was that medical shops in Vijayanagar area do not have adequate supply and stock of medicines. The Court observed that the state had not responded on the issue yet, and accordingly, directed for a response on April 9..Food SecurityOn the aspect of a comprehensive plan on food security, the state has responded by stating that the category of citizens who were getting benefit from Anganawadis are being supplied rations at their doorsteps till April 14..With respect to certain classes of citizens are entitled to free ration under a Scheme started by the Prime Minister, the state was directed to clarify the same and ascertain whether any category of citizens is entitled to free ration of certain quantity..The state was also directed to provide a clarification on whether it will supply ration to those migrants who do not have ration cards issued by the State of Karnataka or any other state, on production of identity proof..Additionally, the Court directed the state to give its response regarding the supply of ration/food to the second and third categories of migrant workers..In its previous order, the Court had noted that there are three categories of migrant workers being dealt with right now. The first category consists of workers who have left their respective places of employment and are trying to reach their native places in the state or outside the state. The second category is of migrants is of persons who are staying in rented accommodation. The third category is migrant workers who have been provided shelter by their respective employers..Passes for farmers On the issue of passes to farmers to enable them to work on fields, the Court noted that the state has not yet responded. This issue regarding farmers will be dealt with in detail on April 9, the Court said..Issue of Pet Animals The Court noted that the state had not come out with any policy decision on two issues pertaining to pet animals - whether pet shops are to be treated as part of essential services and whether the agencies or shops supplying pet foods are permitted to sell pet foods as part of essential supplies. The state must respond on these questions by April 9, the Court ordered. .[Coronavirus Lockdown] "No public interest involved", Karnataka HC dismisses petition seeking re-opening of wine shops in state.PourakarmikasWith regard to Pourakarmikas (sanitation workers), the Court observed that the state must come out with elaborate measures for their health and safety. In this regard, the Court further opined, ."In respect of the Pourakarmikas, if the measures which have been set out in paragraph 23 are really implemented at grass-root level, most of the grievances of the Pourakarmikas will be taken care of. The Secretaries of the District Legal Services Authorities can give feedback on this aspect within a period of one week after ascertaining whether there is implementation of the measures set out in paragraph 23. The learned counsel for PUCL has also agreed to submit a report on what is stated in paragraph 23.".Issue of overcrowding in jailsOn the issue of prisoners, the Court noted that 636 prisoners have been granted interim bail by the High Power Committee. So far, 613 prisoners have availed of orders of interim bail. The Court was also informed that out of 1,379 prisoners who have been identified for being released on parole, 121 prisoners have been released so far, and 215 prisoners have declined to avail parole. Further,."As regards the prisoners who have been granted bail but have not availed of the order of granting bail, the Secretaries of District Legal Services Authorities by visiting the prisons will inform such prisoners about their right to apply for relaxation of conditions of grant of bail and the Secretary and/or para-legal volunteers can render necessary assistance to the prisoners to enable them to apply for modification or relaxation of the conditions of bail. Such applications can be entertained by the Courts by hearing through video conference.".All other matters are to be heard next on April 9.[Read order here]
The Karnataka High Court yesterday issued another set of directions pertaining to various issues surrounding the 21-day Coronavirus lockdown..A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice BV Nagarathna has passed the following set of directions..Masks for hospital staff An email was received from one Dr. Zeenath at the Pathology Department, ESI Kalburgi Hospital, stating that hospital staff were not provided with masks. The Court was also informed that some of the staff members were present in the room where one COVID-19 positive patient had visited before being tested positive. .The Court also took note of another e-mail received from health workers in Bidar District, in which they stated that they were not provided with masks and PPE kits. The Court has asked the Additional Advocate General (AAG) to look into both issues..Migrant workersOn the point of migrant workers, the High Court was informed that they were not being provided with any shelter, food and toilet facilities. The Court held that the issue had to be addressed immediately. Counsel appearing for the Karnataka Legal Services Authority (KLSA) submitted that nearly 1/3 cases tested from Bangalore are positive and if proper facilities are not extended to migrants, then the situation would worsen.At this point, counsel for People's Union for Civil Liberties (PUCL) pointed out that there are Operational Guidelines for Urban Homeless Shelters..In this regard, the Court suggested that, "It is always possible for the State and local bodies to get the list of labourers working on various public projects so that they can be traced and accommodated in shelters. The local bodies such as municipal authorities will be in a position to get the list of labourers even from private parties, who have undertaken the projects of construction." .Further, the Court directed Bruhat Bengaluru Mahanagara Palike (BBMP) to locate migrants who are on the streets in different parts of the city, and to ensure that adequate number of shelters are set up. The Court also urged the state government and all urban local authorities to coordinate with CREDAI and other building associations to ensure that construction workers stranded at sites or other places be taken care of..Th state government was also urged to issue directions to Municipal Corporations, Municipal Councils and Municipal Bodies in the state so that they will be made responsible to take care of migrants and construction workers within their respective jurisdictions..Sufficient number of labs and testing facilitiesThe Court directed the state to provide a district-wise breakup of COVID-19 positive persons. The state must also provide location of labs which are authorised to test and diagnose people for COVID-19. Additionally the following directions were passed:.1. The State to specify whether any efforts are being made to make available more labs. 2. State to provide a district wise breakup of ICU beds with 740 ventilators as well as district wise breakup of isolation beds. 3. The State must report whether existing ventilators are working and whether adequate tech personnel are available to operate ventilators. It must also ascertain how many ventilators are needed and efforts made to procure additional ventilators and isolation beds. 4. State must also disclose efforts made to ascertain how many beds are needed..Primary Healthcare Centres (PHCs)The Court ordered the Secretaries of the respective District Legal Services Authorities (DLSAs) to make visits to some of the PHCs in their respective jurisdictions on a random basis and to submit a report on their functioning..PPE Kits On this aspect, the Court held, "State must disclose before the Court whether it has ascertained as a measure of preparedness, the total requirement of masks of various categories and PPE kits and what is the action plan of the State to procure the equipment. The State will have also to clarify whether PPE kits can be made available at cost to private hospitals and private clinics. The State must make a statement whether masks, PPE kits and sanitizers have been made available to all the public hospitals in the State.".The Bench also welcomed the initiative of the state to convene a video conference meeting in presence of the Secretary of the Health Department and other officers. This meeting, to be held on April 8, can be attended by the members of the Bar who are appearing in the matter..Complete Ban on all religious festivals/congregations On the basis of a TOI report, the Court was informed that the state government had given permission to hold Bengaluru Karaga Festival on April 8 and that there would be large congregation of people to celebrate the same. However, this was refuted by the Additional Advocate General, who submitted that no such permission had been granted by the state..At this juncture, the Court laid emphasis on the fact that a complete ban of all categories of religious congregations has been put in place. "The entire object of imposing the lock-down and issuing orders under Section 144 of the Code of Criminal Procedure, 1973 is to avoid mass congregations. It is not out of place to mention here that it is an established fact that mass congregations lead to spread of Corona virus", the Court observed..[Coronavirus Lockdown] Karnataka HC issues directions on religious congregations, animal welfare, stranded migrant workers, rural distress.Medical shops not functioning Another specific grievance made was that medical shops in Vijayanagar area do not have adequate supply and stock of medicines. The Court observed that the state had not responded on the issue yet, and accordingly, directed for a response on April 9..Food SecurityOn the aspect of a comprehensive plan on food security, the state has responded by stating that the category of citizens who were getting benefit from Anganawadis are being supplied rations at their doorsteps till April 14..With respect to certain classes of citizens are entitled to free ration under a Scheme started by the Prime Minister, the state was directed to clarify the same and ascertain whether any category of citizens is entitled to free ration of certain quantity..The state was also directed to provide a clarification on whether it will supply ration to those migrants who do not have ration cards issued by the State of Karnataka or any other state, on production of identity proof..Additionally, the Court directed the state to give its response regarding the supply of ration/food to the second and third categories of migrant workers..In its previous order, the Court had noted that there are three categories of migrant workers being dealt with right now. The first category consists of workers who have left their respective places of employment and are trying to reach their native places in the state or outside the state. The second category is of migrants is of persons who are staying in rented accommodation. The third category is migrant workers who have been provided shelter by their respective employers..Passes for farmers On the issue of passes to farmers to enable them to work on fields, the Court noted that the state has not yet responded. This issue regarding farmers will be dealt with in detail on April 9, the Court said..Issue of Pet Animals The Court noted that the state had not come out with any policy decision on two issues pertaining to pet animals - whether pet shops are to be treated as part of essential services and whether the agencies or shops supplying pet foods are permitted to sell pet foods as part of essential supplies. The state must respond on these questions by April 9, the Court ordered. .[Coronavirus Lockdown] "No public interest involved", Karnataka HC dismisses petition seeking re-opening of wine shops in state.PourakarmikasWith regard to Pourakarmikas (sanitation workers), the Court observed that the state must come out with elaborate measures for their health and safety. In this regard, the Court further opined, ."In respect of the Pourakarmikas, if the measures which have been set out in paragraph 23 are really implemented at grass-root level, most of the grievances of the Pourakarmikas will be taken care of. The Secretaries of the District Legal Services Authorities can give feedback on this aspect within a period of one week after ascertaining whether there is implementation of the measures set out in paragraph 23. The learned counsel for PUCL has also agreed to submit a report on what is stated in paragraph 23.".Issue of overcrowding in jailsOn the issue of prisoners, the Court noted that 636 prisoners have been granted interim bail by the High Power Committee. So far, 613 prisoners have availed of orders of interim bail. The Court was also informed that out of 1,379 prisoners who have been identified for being released on parole, 121 prisoners have been released so far, and 215 prisoners have declined to avail parole. Further,."As regards the prisoners who have been granted bail but have not availed of the order of granting bail, the Secretaries of District Legal Services Authorities by visiting the prisons will inform such prisoners about their right to apply for relaxation of conditions of grant of bail and the Secretary and/or para-legal volunteers can render necessary assistance to the prisoners to enable them to apply for modification or relaxation of the conditions of bail. Such applications can be entertained by the Courts by hearing through video conference.".All other matters are to be heard next on April 9.[Read order here]
