[Coronavirus Lockdown] Karnataka HC issues directions on religious congregations, animal welfare, stranded migrant workers, rural distress

Adding to the directions put forth last week, the Karnataka High Court yesterday issued another set of directions pertaining to various issues surrounding the Coronavirus lockdown. .A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice BV Nagarathna has passed the following directions. .Religious Institutions and congregationsOn this issue, the Court has directed the state to set out the measures taken for the implementation of the direction pertaining to complete ban on all religious congregations envisaged in the order of the Union Ministry of Home Affairs (MHA) dated March 24. .Rural Distress An application in the matter had been filed by People’s Union for Civil Liberties (PUCL), seeking various reliefs regarding rural distress. The Court primarily noted that, on a conjoint reading of the exceptions which were added to the MHA order dated March 24, the object of the Central government is that agricultural and farming operations should run smoothly. .Though, intra and inter-state movement of vehicles for transport sowing related machines like combine harvesters and other horticultural/agricultural implements have been permitted, the same is not being implemented. In this regard, the Court noted, ."If the order dated 27th March, 2020 passed by the Central Government is to be effectively implemented, the State will have to ensure the passage of farmers and farm labourers/staff members to the field, if necessary, by providing passes. Secondly, the transport of agricultural/horticultural produce from the respective fields/farms to the markets for its sale will have to be permitted. It is pointed out in the application that in the if there is any difficulty about transportation of agricultural/horticultural produce, the State must make all possible arrangements for purchasing the produce from the doorsteps of the farmer."Karnataka High Court.On the point of ensuring regular supply of fertilizers, pesticides, seeds, etc. to the farmers as well as the availability of agricultural implements, the Court directed the State to give its response by April 9. .The Court also took note of the fact that due to the inability of the farmers to sell their produce, they are forced to dump the same. In this regard, the Court held,"We, therefore, expect the State Government to act immediately and help the community of farmers. We may add here that the smooth functioning of farming operations and smooth transport and sale of agricultural/horticultural produce will not only help the farmers, but it will also help the State in ensuring continuous supply of agricultural/horticultural produce to the citizens.".Food for stray/pet animals Another application filed by PUCL highlighted the plight of pet animals during the lockdown. The first issue deals with feeding stray animals and the steps to be taken. The second is to keep pet shops open and to ensure that the animals in pet shops are duly fed. It was alleged that animals were suffering in pet shops owing to lack of food. .In this regard, the Court noted that directions are to be issued to Society for Prevention of Cruelty to Animals and District Magistrates to take steps to ensure that pets and animals are taken care of..The Court further directed the state government to consider whether the pet shops should be permitted to be kept open so that food and medicines are made available to the pet animals.While passing the above direction, the Court remarked that it shall be appropriate for the NGOs to feed the stray animals in the meanwhile..PourakarmikasAn application filed yesterday pointed out that Pourakarmikas (sanitation workers) are not being given proper protection, gloves, soaps, etc as per the Court's previous direction. Therefore, the Court has directed the state to respond to the said application by April 7..[Coronavirus Lockdown] Lack of food security for daily wage workers and homeless requires urgent attention of govt: Karnataka HC.Stranded Migrant workers Additional Advocate General Dhyan Chinnappa tendered a chart providing district-wise details of the active relief camps and shelters, number of persons housed in relief camps and shelters, number of food camps, and number of persons who are being provided food. The chart also gives details on the number of workers to whom shelter and food is provided by employers/industries where they are working, the Court observed..On this aspect, the Court noted that three categories of migrant workers are being dealt with right now. The first category is 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 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..Counsel appearing for PUCL stated that it has received complaints from approximately 10,718 migrant workers that they have not received ration during the lockdown. On this aspect, the Court has directed PUCL to submit a comprehensive list of said 10,718 migrant workers in order to enable the state to make necessary verification. The state has been directed to respond on this issue by April 9. .On the issue of the shelters being established for migrant workers in different parts of the state, a direction has been made to provide the Secretaries of the respective District Legal Services Authorities with a district-wise list of all these camps..The Court also remarked that, "We may note here that in view of the order of the Hon’ble Apex Court dated 31st March, 2020, there is no restraint imposed on the respective High Courts on dealing with the issue of migrant workers." .Anganwadi workers and midday meals The Court has asked the state to respond to its directions passed on March 30. Further, the state has been asked to verify if any new guidelines have been issued by the Central government to open and run Anganwadis. .Nizamuddin issueTwo applications filed by Girish Bharadwaj and Geeta Mishra brought up the issue of the Tablighi Jamaat at Nizamuddin in Delhi, where several attendees tested positive for Coronavirus. It was stated that persons who attended the congregation have entered the state of Karnataka. The petition will be taken up on April 7. In this regard, the Court also held, "There cannot be any dispute that it is the duty of the State to collect the data of persons who attended the religious ceremony/function at Nizamuddin in Delhi and who may have entered the State of Karnataka. The State Government will make all endeavour to get the data from the concerned authorities of the Central Government and Delhi Government and will take immediate steps to locate those persons in the State of Karnataka, to quarantine them and to take all further steps. The State Government shall place necessary data in this behalf on record on or before 7th April, 2020." .Transgender community issuesAnother petition has bene filed by Ondede and Center for Study of Social Exclusion and Inclusive Policy for the Medication and monetary assistance to transgenders. The Court has directed to treat this petition as interlocutory application and has posted it for April 7. .Police are not allowing citizens to use vehiclesAnother grievance made was that during the period of lockdown, the police are not allowing citizens to use two-wheelers or four-wheelers for approaching the doctors purchasing essential commodities. Responding to this, AAG Chinnappa stated that if the people disclose that they are going out for that specific object, the police are not prohibiting them from using vehicles. In this regard, the Court observed,"While we note the grievance made by the petitioner, we must also record that the citizens must also co-operate with the State Government for implementation of lockdown in its true letter and spirit and co-operate with the Government to ensure that there is no unnecessary movement of two wheelers or four wheelers. In view of the statements made by the learned Additional Advocate General, though this petition will remain pending, no directions need be issued at this stage.".Another plea filed by Advocate TN Raghupathy for the uninterrupted supply of medicines and ventilators will be taken up on April 9, the Court stated..PUCL was represented by Advocates Clifton D’Rozario, Maitreyi Krishnan, Lekha Adavi, Avani Chokshi, Arjun Rao and Maitreyi Bhat.Geeta Mishra was represented by Advocate GR Mohan..The matter will be next heard on April 7..In the wake of various letters and requests for e-filing of Public Interest Litigation (PILs) received by the Registrar (Judicial), the Karnataka High Court had previously issued a number directions to be undertaken by various authorities during the Coronavirus lockdown.[Read order here]