[Coronavirus] Karnataka HC passes directions on relief for homeless and stranded migrant workers, availability of N-95 masks, medicines

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 passed the directions via video conferencing. .State Board of WakfsIt was pointed out to the High Court that the Karnataka State Board of Wakfs had issued an order earlier prohibiting visits on the occasion of Shab-e-Barat. In this regard, the Court urged the Board to give wide publicity to the said direction so that the members of the public are aware about the same. .Relief to the Homeless and Stranded Migrant workersIt was brought to the attention of the Court that the Secretaries of the District Legal Services Authorities (DLSAs) had submitted detailed reports after visiting some of the shelters provided to the migrants in different parts of the State. .The Court was further informed by the Karnataka State Legal Services Authority (KSLSA) that except for the district of Mysuru, the facilities in other 26 districts were found to be satisfactory. It was further stated that the visits by DLSA would continue during the next week as well..It was further pointed out to the Court that the state government had issued a circular dated April 7 directing municipal authorities across the state to address all the basic needs of migrants and construction labourers. .With respect to 2,000 migrants and other people stranded in the city, the Court stated that there was no real effort made by Bruhat Bengaluru Mahanagara Palike (BBMP) to address the issue, as officers neither contacted the Member Secretary of the DLSA nor made a joint visit to the spot. .The Court directed BBMP to ensure that the appropriate officers get in touch with the Secretary of the DLSA, Bengaluru Urban District and immediately make a joint visit to the area and find out the plight of the persons who have taken shelter in open spaces..Further, via a DLSA report, the Court was intimated that except in West Zone where there are 3 camps set up, no other shelter homes have been established by BBMP for the benefit of the migrants. In this regard, the Court opined, ."The report dated 7th April 2020 creates a serious doubt whether there are 13 newly established shelters for migrants, homeless people etc., within the limits of BBMP. We direct BBMP to clarify this aspect by submitting a report in writing on or before 13th April 2020.".Adding on, the the Court stated that the BBMP report indicates that there is no systematic effort made by BBMP to ascertain how many migrants, homeless people and stranded people are on the streets or are squatting at public places such as below the flyovers in the city..In this regard, the Court further added, ."Even under clause (22) of Section 58 of the said Act of 1976 [Karnataka Municipal Corporations Act, 1976], it is the obligatory duty of BBMP to prevent and check the spread of the dangerous diseases. Unless the issue of migrant workers, homeless people and people stranded on the streets is properly taken care of, we fail to understand how BBMP will perform its statutory and mandatory duties and functions under clauses (22), (29), (30) and (31) of Section 58 of the said Act of 1976."Karnataka High Court.The Court granted BBMP time till April 12 to submit an additional report containing the details of the action taken..Availability of N-95 Masks, Triple Layer Masks, PPE Kits and SanitizersThe state government will have to ensure the availability of masks and sanitizers across the state, the Court held. .The Court was informed by the state that it had estimated the requirement of procuring N-95 masks, Triple Layer masks, PPE Kits and sanitizers based on projections as per the contingency plan and the requirement of these materials is being worked out. The state government also submitted that it was working on the estimated projection of 10,000 COVID-19 cases till the end of April 2020..The state further intimated the Court that the manufacture of sanitizers has been increased to more than 50,000 litres per day. On this aspect, the Court stated, ."If that be so, all that the State needs to ensure is equitable distribution and availability of sanitizers to the medical and paramedical workers as well as to the citizens.".Hoarding of essential commodities On the point of hoarding, the Court noted that there is no specific response had been given by the state in this regard. Therefore, a reply has to be filed by April 15, the Court ordered..Nizamuddin IssueThe state, in its written submissions filed by Advocate Vikram Huilgol, informed the Court that about 50 Tablighi Jamaat members were traced in Karnataka and were subsequently placed in institutional quarantine. These members included 24 persons of foreign origin as well, it was stated. .Further, the Court was informed that a total of 808 persons who attended the event in Nizamuddin have been identified and quarantined in the state. Also, the Superintendents of Police in the districts and Commissioners of Police have been issued instructions to trace the above-mentioned individuals by liaisoning with the local community..Food Security On this aspect, the state government told the Court that persons with BPL cards were being given free food grains. However, the Court said that the state must also address the issue of supplying rations free of cost to those who cannot afford to pay for them, but do not have BPL cards, by April 13..On the aspect of food rations, the state further clarified that 1.27 crore households in Karnataka will get an extra 5 kg of rice per month per member for a period of three months, and each family will also get 1 Kg of dal per month for three months, free of cost, in addition to the regular allotment. However, in this regard, the Court noted, ."At this stage, we may point out that 1.27 crore families which are referred in paragraph 14 (i) of the written submissions of the State Government are the families in priority households which are covered by Section 3 of the National Food Security Act, 2013 (for short ‘the said Act of 2013’). The ‘priority household’ has been defined under Section 10 of the said Act of 2013. Thus, we clarify that the benefits under the said Act of 2013 has no nexus with the availability of BPL cards and therefore, it is all the more necessary that the State Government immediately acts and takes a decision."Karnataka High Court.Supply of medicines On this aspect, the state government has assured the Court that there is no impediment in the way of regular supply of medicines, as the same are classified as essential goods. Further, passes are being issued for movement of persons working in the pharmaceutical industries. .Further, the Court was told that helpline numbers have been provided namely, 104 – Arogya Sahayavani or 97456 97456 so that if any citizen has any grievance about non-availability of the medicines in any particular area/s, he/she would be able to take up such issues via the helpline numbers. .The Court further stated the issues pertaining to food security shall be taken up on April 13. .In its order, the High Court also directed the state to immediately dispose of applications made by transgender persons for grant of social security benefits under the Mythri Scheme..[Coronavirus Lockdown] Process applications filed by transgenders for social security benefits immediately, Karnataka HC to state govt.[Read order here]