[COVID-19 Lockdown] NGOs cannot be prevented from distributing food to needy, provided social distancing is followed: Karnataka HC

In an order passed on Monday, the Karnataka High Court has passed a number of directions concerning issues arising from the COVID-19 lockdown, including food security for the homeless and the coordination of NGOs and the State Government in carrying out such activities..Notably, the Court was also prompted to caution local news channels and electronic media platforms to be extremely careful and diligent while reporting on the Court orders, especially with regard to sensitive issues pertaining to COVID-19..[Coronavirus] Karnataka HC urges local TV news channels and electronic media platforms to avoid misquoting or misinterpreting Court orders .The other directions passed by the Bench of Chief Justice Abhay Sreeniwas Oka and Justice BV Nagarathna include the following..A prayer had been made seeking a modification of a Court order dated March 30 , so that individuals, voluntary organizations, NGOs etc. are allowed to continue supplying the food to the underprivileged and poorer sections of the society..Responding to the prayer, the Court opined that voluntary organizations cannot be prevented from distributing food to the weaker sections of the society, as long as the norms of social distancing and other precautionary measures are followed. .The Court further reiterated the need for State to co-ordinate with the NGOs and in this regard, and directed the State to reply on this aspect by April 16. Further, the Court added, ."If the State Government is unable to provide a portal where all the NGOs can upload their information, the State must consider of convening meetings at the district level, municipal level, etc. via Video Conferencing for co-ordinating the activities of NGOs. It will be appropriate that at such meetings, the Chairpersons and Secretaries of the District Legal Service Authorities (DLSAs) are invited to attend."Karnataka High Court.The Karnataka High Court was informed by Karnataka State Legal Services Authority (KSLSA) that para-legal volunteers (PLVs) associated with the DLSAs were being issued passes by the Secretaries of the concerned DSLAs. .However, police personnel were not permitting the PLVs to move on the basis of such passes. It was also pointed out in many places in the city of Bengaluru, the police authorities were ignorant regarding the existence of DSLAs. In fact, there were instances where PLVs were abused in filthy language, KSLA adds..In this regard, the Court has directed:On a requisition made by the Chairpersons of the DLSAs to the concerned State officials, the requisite number of passes shall be issued forthwith to enable the PLVs to perform the duties which are entrusted to them;The Director General of Police may also consider of issuing necessary guidelines to the police authorities to allow the PLVs to do their work on production of the certificates/passes issued by the DLSAs;The State Government may supply passes by keeping the name of the holder of the pass blank, which shall be filled in by the Secretary of the DSLA with a clear understanding that the passes will be non-transferable and will be returned by the concerned PLVs to the Secretaries of the concerned DSLAs at the end of the day..The Court directed the State to place on record its precise policy for providing food kits to migrants, homeless persons, sex workers, etc. who are having shelter and who are not entitled to the benefit of any of the public distribution schemes by April 16..The Court also stated the the issue of farmers would be considered on April 16..The Court was informed that a circular dated April 11 was issued by the Government of Karnataka on the subject of opening of shelter homes for migrants, homeless persons, destitutes and those who have been stranded on the streets due to the COVID-19 lockdown. The circular also contained several directions to BBMP in this regard..However, on a perusal of a second report filed by BBMP, the Court opined that the efforts undertaken by the body were not at all satisfactory..Additionally, the Court observed that since 1/3rd of positive cases of COVID-19 reported in the State are from Bengaluru Urban District, the BBMP's compliance with the directions issued by the State Government was imperative. .The Court on Monday suggested that the BBMP counsel hold a video conference meeting on April 14 with the counsels involved in this case..The Court has also directed BBMP to file a compliance report based on on the directions passed on the Court directions passed on April 9 as well as on the circular issued on April 11. .On this aspect, the State Government informed the Court that a circular was issued on April 10 by the Director General and Inspector General of Police for a complete ban on religious congregations, as per the previous direction of the Court.The KSLSA had pointed out to the Court that protective masks and hand gloves were not available and, therefore, the same could not be provided to PLVs to enable them to safely discharge their duties. The Court has directed DLSAs to submit a requisition to the District Health Officer concerned for providing adequate numbers of masks and hand gloves which can be used by PLVs and judicial officers during site visits.It was intimated to the Court by a Union of the Poura Karmikas that 11 Poura Karmikas working in the city of Bengaluru had met with an accident. The counsel appearing for BBMP informed that the BBMP has undertaken to bear all the medical expenses for the treatment of the said Poura Karmikas and that their salary would remain unaffected. The order further states that their absence during the period of medical treatment would be treated as leave period.The issue of animals and the release of prisoners amid the COVID-19 lockdown will be heard on April 16..Before parting with the matter, the Court also noted that it is quite possible that the Court may have not dealt with all the concerns raised in relation to the COVID-19 pandemic and the lockdown. In view of the same, to ensure that all related matters are considered, the Court has directed as follows, ."We permit the members of the Bar to file short submissions addressed to the Registrar (Judicial) in the form of a Memo for setting out the issues which have been raised but have not been dealt with at the time of hearings held so far.".The Court added that the said issues would be taken up either tomorrow or on April 21. .[Read Order here]