The first case of the COVID-19 pandemic in India was announced on the[1] 30th of January,2020 stemming from Wuhan, China. The virus spread and encompassed all walks of life. It started affecting a countable number of people and was declared an epidemic in more than a dozen of states and union territories as a result of which the authorities invoked the [2]Epidemic Diseases Act,1897. After which, in further efforts to contain it the Prime Minister implemented a nation wise lockdown for an indefinite amount of time. Isolation and social distancing became the norm, educational institutions, commercial establishments were shut along with many offices, businesses, and companies resorting to working from home. People went into detention in their own homes and hit the streets only during emergencies. Road and construction work was postponed for a considerable amount of time. Having no assurance as to when the situation will restore to normal, such restrictions imposed on the humankind, attacked the very roots of their human rights. Even during this time, the Government is compelled to protect human rights and ensure that every Indian citizen has access to the necessities.
Right to health
The right to health forms an essential part of all the contemporary human rights available to the Indian public. India finds herself in an acute crisis after the lockdown came into force. By the time the lockdown was in motion in March, those in-charge in the respective states and UTs mostly shifted their focus on curtailing the pandemic; which meant keeping the public safe in their homes, shutting down of most hospitals, clinics, and pharmacies. Therefore, immunization schedules were cut back on, curbed outpatient and inpatient movement, an emergency treatment for serious patients, reduced laboratory experiments as well as less access to mental health treatment.[3] The National Health Mission released a report covering mostly all centres, sub-centres, primary health centres, district, and sub-district hospitals along with private hospitals. The data recovered from the report showed that there was a considerable drop in the delivery of calcium and iron supplements to pregnant women as well as a sharp fall in medical operations concerning the delivery of the child leading to the number of unattended home births shooting up. Apart from this, the survey also revealed that that child immunization hit a rock bottom as at least [4]1lakh (approx.) children had not received their BCG vaccination which protects from Tuberculosis.[5] Another 2 lakhs (approx.) missed the pentavalent vaccine along with the rotavirusvaccine. NHM data further shows that medical treatment for inpatient, outpatient as well as emergencies dropped drastically for all diseases. The Pandemic also halted the lab investigations and HIV screening for several days. A close look at the survey results indicates that in an attempt to hinder the spread of the pandemic and its deadly effects, more people became unwell during their period at home.
Right of access to information
Access to information is regarded as one of the primary rights of an individual. The Government should provide access to the right kind of information concerning health problems, cures as well as on how to prevent them. The Indian Government had satisfactorily spread authentic information about the symptoms of the disease, the precautions one needs to take as well as the threat it causes to the humankind. Along with this, it also entitles itself to inform the public about the possible actions taken up by the authorities in the event of such danger, consequences of going against the rules imposed by the Government, and about the public response towards ongoing efforts. The purpose behind this is to guarantee that its citizens can take the necessary health-related decisions beforehand. A meagre 4-hour notice before the enactment of a nationwide lockdown went absolutely against the very purpose of this right, leaving people flustered and scared as most of them were unprepared on how to take care of themselves and their families during the upcoming days.[6] The news, however little, if reaches its audience, tends to be incorrect about the number of cases due to massive under testing as well as tremendous censorship of the same due to political reasons.
Right to free movement
The liberty to move around can only be limited under extraordinary circumstances. The restrictions need to be reasonable and in correspondence with the law. Since the lockdown,various newspapers, television interviews as well as articles have featured that the plight of the migrant workers’ has deteriorated severely. The closing down of all public transport and other modes of conveyance, along with losing their daily income they were left with the prime option of walking several kilometres back to their villages. The news channels have reported the death of dozens of them on their way back home due to starvation or extreme physical strain. Even though efforts have been made to provide them with food, shelter, and first aid; had the Government been more cautious it could’ve saved the lives of many.[7] News18 reports that on the 14th of May, 8 migrant workers died on their way back home as the truck in which they were travelling collided with a bus in Madhya Pradesh.
Right to protection
Everyone deserves protection, even more so when it comes to the health workers. Therefore, it does classify as an important human right. Health workers of all states should be provided with proper health-related information as well as protective clothing and safety equipment. Doctors in India have been treating their patients wearing homemade hazmat suits, masks, and without gloves. There have been continuous reports of a shortage of the N95 masks and the government doing very little to rectify that.[8] The Government needs to frame proper guidelines regarding treating positively tested patients as well as bring about the swift manufacture and transportation of the personal protection equipment (PPE). The latest surveys show that almost over 50 positively tested doctors continue treating patients.
Right to privacy
The right to privacy cannot be ignored when it comes to highlighting the contemporary human rights of an individual. The same has been welcomed also as a fundamental right under [9]Article 21 of the Constitution. The spread of the pandemic has made the public increasingly concerned about their privacy. [10]Facebook and WhatsApp records reveal a highly confidential list of private details of several passengers who travelled to New Delhi in the time of Corona drafted by the Government itself. Even though the Government claims it was for security purposes, such information being leaked on social media platforms is highly unacceptable and disturbing. Another government action that meddled with the privacy of the people was the launch of the Aarogya Setu app. This is a tracking app that lets the citizens know if they have been in contact with an infected person. The creators claim that the data is codified and nothing is shared with a stranger, also the location tracking feature does not intend to violate privacy but is rather a feature which sends reports directly to the government. However, it can be regarded as a subtle mass surveillance technique. The information fed into this app might be misused if it falls into criminal hands. The citizens don’t need to download this application but the Government has been actively promoting it.
Conclusion
Constructive criticism regarding the Government’s actions is justified. The Government needs to communicate openly with its people, which will help them in building trust and become more transparent about its actions. Human rights cannot be treated like a luxury that should only be protected during a crisis but should be upheld every day. Implementing proper schemes, making sure the basic rights are being available to all citizens will, in turn, make them feel safe and cooperate with the Government.
That said and done, the Government did a splendid job in imposing timely lockdown to curb this catastrophic disaster and protect people from being infected. It did manage to provide necessities like food, shelter, and regular check-ups at least in some parts of rural India. [11]The Government also decided to set up a chain of 20 stores known as the “Suraksha Stores” which will give daily essentials to the citizens during the stringent lockdown. The Ministry of External Affairs was quick to shut down all gyms, restaurants, etc. and prevent mass gatherings, such responses were characterized as [12]“good and impressive” by the WHO. [13]Henk Bekedam, the WHO representative also said that India is doing quite well in response to the positive developments.
By-
Aparna Mukherjee
[1]COVID-19 pandemic in India, En.wikipedia.org (2020), https://en.wikipedia.org/wiki/COVID-19_pandemic_in_India#Impact (last visited May 13, 2020).
[2]Coronavirus | States to be asked to invoke Epidemic Disease Act: Centre, The Hindu (2020), https://www.thehindu.com/news/national/coronavirus-states-to-be-asked-to-invoke-epidemic-disease-act-centre/article31043653.ece (last visited May 13, 2020).
[3]How Covid-19 is questioning the Constitutional fabric of India, Dailyo.in (2020), https://www.dailyo.in/politics/covid-19-coronavirus-in-india-lockdown-fundamental-rights-constitution-of-india-right-to-health-right-to-education-midday-meal-privacy/story/1/32712.html (last visited May 14, 2020).
[4]Covid-19 System, Covid-19 Threatens to Overwhelm India’s Health Care System Undark Magazine (2020), https://undark.org/2020/04/14/covid-19-india/ (last visited May 14, 2020).
[5]Raksha Ramaswamy, COVID-19 exposing urban-rural healthcare disparities in India The Hindu (2020), https://www.thehindu.com/thread/reflections/covid-19-exposing-urban-rural-healthcare-disparities-in-india/article31511629.ece (last visited May 14, 2020).
[6]India Legal, STATUS OF HUMAN RIGHTS IN THE AGE OF COVID-19 – India Legal (2020), https://www.indialegallive.com/special-story/status-of-human-rights-in-the-age-of-covid-19-98488 (last visited May 13, 2020).
[7]Coronavirus Pandemic LIVE Updates: Most People Want Buses, Delhi Metro to Restart But Schools, Colleges Shut, Says Kejriwal, Meeting With L-G Today, News18 (2020), https://www.news18.com/news/india/coronavirus-pandemic-live-updates-maharashtra-tamil-nadu-vaccine-mumbai-india-cases-world-deaths-tips-gujarat-2619083.html (last visited May 14, 2020).
[8]National et al., PPE shortage throws doctors out of gear @businessline (2020), https://www.thehindubusinessline.com/blink/cover/ppe-shortage-throws-doctors-out-of-gear/article31307053.ece (last visited May 14, 2020).
[9]Durga Das Basu, Commentary on the Constitution of India (1991).
[10]722 Quarantined Delhi Locals’ Personal Data Circulated on WhatsApp, The Quint (2020), https://www.thequint.com/news/india/covid-19-coronavirus-personal-data-of-722-delhi-residents-quarantine-circulate-on-whatsapp (last visited May 14, 2020).
[11]20 days, 20 steps: A look at government’s measures against Covid-19 amid lockdown, Hindustan Times (2020), https://www.hindustantimes.com/india-news/20-days-20-steps-a-look-at-government-s-measures-against-covid-19-amid-lockdown/story-aUNOgQ9Om2dxQt9WAyEaGI.html (last visited May 14, 2020).
[12]How India is responding to COVID-19: quarantine, travel limits, and tests, World Economic Forum (2020), https://www.weforum.org/agenda/2020/03/quarantine-india-covid-19-coronavirus/ (last visited May 14, 2020).
[13]Supra note 12.
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