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  • What is Open Court System?

    The Supreme Court has invoked its extraordinary Constitutional powers under Article 142 to step away from the convention of open court hearings. It deemed all restrictions imposed on people from entering, attending or taking part in court hearings as lawful in the wake of the COVID-19 pandemic.

    What are Open Courts?

    • The Open court principle requires that court proceedings presumptively be open and accessible to the public and to the media.
    • Open courts are normal court where proceedings of the court are conducted where every person is allowed to watch the proceedings of the court.
    • There are instances where it is not practical to accommodate persons other than parties to the proceedings. Therefore, such proceedings are held in camera.
    • This means that the proceedings are held in a closed room where the public will not have access to watch the proceedings.
    • In criminal cases like rape, it is necessary to protect the identity and modesty of the victim.

    Why did the Supreme Court deter Open Court’s norm?

    • A Bench led by CJI said these restrictions were in tune with the social distancing norms and best public health practices advocated to contain the contagion.
    • The court made it clear that public health takes precedence over conventions.
    • Every individual and institution is expected to cooperate in the implementation of measures designed to reduce the transmission of the virus.
    • Open court hearings would mean a congregation of large number of people. This would prove detrimental to the fight against the virus.

    Conclusion

    • Access to justice is fundamental to preserve the rule of law in the democracy envisaged by the Constitution of India.
    • The challenges occasioned by the outbreak of COVID-19 have to be addressed while preserving the constitutional commitment to ensuring the delivery of and access to justice to those who seek it..

    Way forward

    • Indian courts have been proactive in embracing advancement in technology in judicial proceedings.
    • Judiciary can bank on video-conferencing technologies in the wake of this unprecedented and extraordinary outbreak of a pandemic.

    Back2Basics

    Article 142 of the Indian Constitution

    • Article 142 allows the Supreme Court to pass any order necessary to do “complete justice” in any case.
    • It supplements the powers already conferred upon the Supreme Court under the Constitution to guarantee that justice is done and in doing so the Court is not restrained by lack of jurisdiction or authority of law.
    • The phrase ‘complete justice’ engrafted in Article 142(1) is the word of wide interpretation to meet situations created by legal errors or result of operation of statute law or law.
    • Thus Article 142 is conceived to give the apex court the powers to meet the situations which cannot be effectively tackled by existing provisions of law.

    Also read: 

    Supreme Court Removes Manipur MLA Under The 10th Schedule

  • MPLADS funds suspended over COVID-19 crisis

    The Union Cabinet gave its nod to the temporary suspension of MPLAD Funds during 2020-21 and 2021-22 in view of the adverse impact of the outbreak of COVID-19 in India.

    Why suspend MPLAD?

    • The consolidated amount of MPLAD Funds for 2 years – Rs 7,900 crores – will go to Consolidated Fund of India.
    • The Cabinet has also approved an ordinance to reduce the salaries, allowances and pensions of Members of Parliament (MPs), including the Prime Minister, by 30 per cent for one year.
    • The amount so collected would be utilized in the fight against coronavirus.

    What is the MPLAD scheme?

    • The Members of Parliament Local Area Development Scheme (MPLADS) is a programme first launched during the Narasimha Rao Government in 1993.
    • It was aimed towards providing funds for developmental works recommended by individual MPs.

    Funds available

    • The MPs then were entitled to recommend works to the tune of Rs 1 crore annually between 1994-95 and 1997-98, after which the annual entitlement was enhanced to Rs 2 crore.
    • The UPA government in 2011-12 raised the annual entitlement to Rs 5 crore per MP.

    Implementation

    • To implement their plans in an area, MPs have to recommend them to the District Authority of the respective Nodal District.
    • The District Authorities then identify Implementing Agencies which execute the projects.
    • The respective District Authority is supposed to oversee the implementation and has to submit monthly reports, audit reports, and work completion reports to the Nodal District Authority.
    • The MPLADS funds can be merged with other schemes such as MGNREGA and Khelo India.

    Guidelines for MPLADS implementation

    • The document ‘Guidelines on MPLADS’ was published by the Ministry of Statistics and Programme Implementation in June 2016 in this regard.
    • It stated the objective of the scheme to enable MPs to recommend works of developmental nature with emphasis on the creation of durable community assets based on the locally felt needs in their Constituencies.
    • Right from inception of the Scheme, durable assets of national priorities viz. drinking water, primary education, public health, sanitation and roads, etc. should be created.
    • It recommended MPs to works costing at least 15 per cent of their entitlement for the year for areas inhabited by Scheduled Caste population and 7.5 per cent for areas inhabited by ST population.
    • It layy down a number of development works including construction of railway halt stations, providing financial assistance to recognised bodies, cooperative societies, installing CCTV cameras etc.
  • [pib] Centre for Augmenting WAR with COVID-19 Health Crisis (CAWACH)

    Department of Science & Technology has approved setting up of a Centre for Augmenting WAR with COVID-19 Health Crisis (CAWACH).

    What is CAWACH?

    • CAWACH will help to address various challenges faced by country due to severe impact of COVID-19.
    • CAWACH will identify up to 50 innovations and startups that are in the area of novel, low cost, safe and effective ventilators, respiratory aids, protective gears, novel solutions for sanitizers, disinfectants, diagnostics, therapeutics, informatics and any effective interventions to control COVID-19.
    • The CAWACH’s mandate will be to extend timely support to potential startups by way of the requisite financial assistance and fund deployment targeting innovations that are deployable in the market within next 6 months.
    • The Society for Innovation and Entrepreneurship (SINE), a technology business incubator at IIT Bombay supported by DST has been identified as the Implementing Agency of the CAWACH.
    • It will provide access to pan India networks for testing, trial and market deployment of these products and solutions in the identified areas of priority COVID-19 solutions.
  • Let no one go hungry

    Context

    The impact of the lockdown, effected from midnight of March 24, has been particularly severe on migrant workers. The state must utilise FCI stock for those who have ration cards and those who don’t.

    India’s labour force and impact of lockdown on it

    • Nearly one-fifth of India’s labour force consists of internal migrants.
    • As per the 2011 census, a quarter of the urban population consists of migrants.
    • These tend to be predominantly male, from the less developed northern states, in the lower-income strata, and dependent on daily wages or precarious livelihoods.
    • The impact of the lockdown has been particularly severe on migrant workers.
    • Uncertainty and reverse migration: Due to uncertainty over the duration of the lockdown, and about their own livelihoods and food security, the lockdown has led to massive reverse migration from cities back to villages.
    • Further, due to the absence of train and bus services, many of these workers took to simply walking back.
    • The ground reality of inadequate preparation or insufficient provision means that neither their anxiety nor plight is assuaged.
    • Migrant workers tend to depend on public eating places or community arrangements for food.
    • Under a lockdown, there is simply no choice for them, except to depend on the government’s efforts or charitable organisations.

    Utilising the grain stocks with the FCI

    • The government has a large stock of wheat and rice procured over the last three years.
    • Stock in excess of buffer norm: The buffer norm for April 1 is 21.4 million tonnes, against which the country had about 7 million tonnes on March 1: This comprises 27.5 million tonnes of wheat and 50.2 million tonnes of rice.
    • In most districts of India, the Food Corporation of India and state agencies have a storage capacity of more than the three months requirement of the public distribution system.
    • The warehouses are spread across all the districts in every state.
    • The government has already announced that an additional quantity of five kg of foodgrains will be provided, free of cost, to all ration card holders for the next three months.
    • Most of the unorganised labour and families migrating back from their place of work will probably have their ration cards in the villages itself.
    • So, it should not be much of a problem for them to find food during the period of lockdown.

    What should the state do to feed those who do not have ration cards

    • For those who do not have ration cards in the villages, it is the right time to use this extra stock of foodgrains.
    • Using school and Anganwadi infrastructure: In villages, primary schools have facilities for cooking mid-day meals for children. Some Anganwadi also have this facility. This infrastructure can be used to provide cooked meals to those who do not have ration cards in the villages.
    • The government can easily offer to meet their requirement of wheat and rice over the next three weeks and panchayats can be asked to meet a part of the expenditure required to purchase vegetables, spices and cooking oil.
    • The village panchayats which take up such a feeding programme must be provided Rs 20 per person per day from State Disaster Relief Fund for the expenditure on vegetables, cooking oil, spices, which are not covered by the PDS.
    • In some villages, the local community may also be willing to help the panchayats to feed such people.
    • Efforts must also be made by the panchayats to raise donations in kind from the local community for rabi pulses like chana (chickpea), masoor (lentil), matar (field pea) which are available in plenty in pulse-growing states.

    How to feed those who are stuck in the cities

    • A number of labourers and self-employed: In urban areas, as per the Periodic Labour Force Survey, there were about 6 crore casual labourers and four crore self-employed persons in 2017-18.
    • Even after the reverse migration to villages, there would still be millions of them who are stuck in cities at their place of work.
    • These are people who do not have any savings or source of income which can sustain them during the period of the lockdown. These people living in slums, in the poorer areas of cities, are in need of urgent assistance for food, at least for the next three weeks.
    • The most distressed at present are those stuck in the cities, or who have been walking hundreds of kilometres to reach their homes in small towns and villages.
    • Allocating funds form relief funds: The district collectors should be allocated funds from the State Disaster Relief Fund to provide them with food and open all community buildings en route for them.
    • Engaging various players: The states must engage NGOs, factories and charities including religious organisations to raise funds for meeting the expenditure on milk, eggs, cooking oil and vegetables, and even soaps and sanitisers.
    • More than 67,000 NGOs are registered with the Niti Aayog on their NGO Darpan platform — which was created to bring about a greater partnership between the government and the voluntary sector and to foster transparency, efficiency and accountability.
    • This is the time to use such a platform.
    • The Centre can easily provide free rice and wheat to the NGOs from its stock and the NGOs can provide cooked meals in urban areas for the next three weeks.
    • For one crore individuals, for three weeks, the government needs to provide just about 75,000 tonnes of rice. Since the milling of wheat would be difficult due to the closure of flour mills, only rice can be provided at this stage.

    Conclusion

    The rabi harvest is expected to be a bumper one. The utilisation of the FCI stock — for not only the ration card holders but also the non-ration cardholders, and for providing food to the poor stuck in urban areas — is the most appropriate use of the foodgrain stock with the government. This is urgent and must be done.

  • AMMA Canteen and its success

    The Amma Canteen, a delivery system to provide urban food security in Tamil Nadu, has become an effective mechanism in reaching the needy during the lockdown.

    AMMA Canteen

    • Amma Unavagam better known as Amma Canteen is a food subsidization programme run by the Government of Tamil Nadu.
    • Under the scheme, municipal corporations of the state-run canteens serving subsidised food at low prices.
    • The dishes are offered at low prices: ₹1 for an idli, ₹5 for a plate of sambar rice, ₹5 for a plate of “Karuvapellai Satham” (Curry leaves rice) and ₹3 for a plate of curd rice.

    Feeding the stranded

    • Migrants usually benefit from this canteen scheme.  It is not uncommon to see policemen, municipal workers and people from the media having their breakfast in these canteens.
    • The system, in short, has ensured urban food security and is a boon to migrants during lockdown. There are, thus, unexpected but pleasant benefits from this scheme.

    Reasons for success

    • It is a delivery system with minimum leakages and has reached to its target group very effectively compared to the PDS system.
    • People realized the benefits of the scheme in due course of time and thus it emerged popularly.

    A lesson for all

    • Welfare schemes are started with the intention to provide benefits to vulnerable sections of society.
    • The success of any welfare scheme depends on the seriousness of the people at the helm of affairs, the efficiency of the scheme’s functionaries and the involvement of the people.
    • During the process of implementation, some deserving people get excluded from the scheme, while some of those who were undeserving manage to enjoy its benefits.
    • Welfare schemes deliver unexpected but pleasant benefits sometimes.

    Way forward

    • For such a welfare scheme to be successful, it must be launched in letter and spirit.
    • The benefits of the schemes cannot be realized at pan India level in the absence of a good delivery system.
    • These states should explore the possibility of utilising available infrastructure in existing private canteens and hotels (closed during lockdown).
    • This measure would not only help migrant workers but also provide employment to workers who remained unemployed since the lockdown came into effect.
  • What is Drive-through Testing?

    To work around the challenges of home-based testing in the country, a New Delhi based firm has offered ‘drive-through test’ for COVID-19.

    Drive-through Testing

    • Those who feel sick drive up to a test centre where nurses wearing protective gear collect a nose or throat sample from the car itself.
    • Results are mailed or messaged in a day.
    • This method of mass testing has allowed reduced contact between patients and healthcare workers, thereby lessening the chances of transmission.
    • South Korea has led the world in the number of tests per million to check for coronavirus infection through this method.

    Germany: leading through examples

    • Germany is conducting around 3,50,000 coronavirus tests a week, far more than any other country.
    • It means that more people with few or no symptoms are reported thereby increasing the number of known cases and adequate quarantines.

    Limitations (for India)

    • We have seen so far is that many are uncomfortable with the home collection process.
    • Some people are worried that lab personnel visiting home in full protective gear would scare the neighbours.
    • There are also instances when spouses of some healthcare personnel have separated for a while.
  • The spectre of a post-COVID-19 world

    Context

    As COVID-19 spreads exponentially across the world, profound uncertainty and extreme volatility are wreaking havoc of a kind seldom encountered previously. It might, hence, be wise to start thinking of what next, if at least to try and handle a situation created by the most serious pandemic in recent centuries.

    China’s important role

    • No previous experience: The problem with the novel coronavirus is that with the exception of China, which battled another coronavirus epidemic in 2003 — SARS epidemic — there is little available for most nations on which to base their assessment of what next.
    • Further drop in China’s growth rate: What is known is that China’s growth rate has further plummeted, even as it was confronting an economic slowdown which had been in the works for some time.
    • Economic downturn internationally: The consequences for the global economy of China ceasing to be the world’s biggest exporter of manufactured goods are considerable.
    • And with no country in a position to replace it, this development will precipitate a further economic downturn internationally.

    Uncertainties before epidemic

    • The COVID-19 pandemic could not have come at a more difficult time.
    • Uncertain economic environment: The world was already having to contend with an uncertain economic environment, with industries in turn facing newer challenges such as having to adjust to a shift from cost efficiencies to innovation and breakthrough improvements.
    • Added to this were: a global slowdown, increasing political and policy uncertainties, alterations in social behaviour, new environmental norms, etc.
    • India’s position: Newly emerging economies, such as India, were even more affected by all this, than some of the older established ones.

    Impact on India and what lies ahead?

    • Estimate of cost by ADB: An early estimate by the Asian Development Bank, soon after the epidemic was declared, was that it would cost the Indian economy $29.9 billion.
    • A recent industry estimate pegs the cost of the lockdown at around $120 billion or 4% of India’s GDP.
    • May require six months to recover after epidemic: The Confederation of Indian Industry (CII) had at one point warned that the COVID-19 impact, and the existing stress in the financial sector, meant that India would require up to six months even after the entire course of the COVID-19 epidemic is over to restore normalcy and business continuity.
    • The COVID-19 Taskforce under the Finance Minister come up with measures to mitigate the economic hardship engendered by the pandemic, and finally a three-week-long lockdown.
    • Several precautionary measures based on guidelines in vogue elsewhere in the world for preventing pandemics of this kind, have also been introduced including ‘home isolation’, ‘home quarantine’, etc.
    • The prognosis as to what lies ahead is indeed bleak.
    • On the economic plane, according to most experts, a global recession seems inevitable.
    • The decline in demand: Uncertainty, panic and lockdown policies are expected to cause demand worldwide to decline in a precipitous way.
    • Start of downward cycle: Decline in demand will inevitably lead to a vicious downward cycle, where companies close down, resulting in more lay-offs and a further drop in consumption.
    • A precipitous decline in GDP would follow.
    • Massive funds would be needed: To compensate for this loss, massive inflows of government funds would be needed, but most governments, India included, might find it difficult to find adequate resources for this purpose.
    • Right time for fund: Equally important, if not more so, is that such massive inflows of funds (if they are to be effective) should be here and now, and not later, by which time the situation may well have spiralled out of control. Global coordination was a must in the extant situation.

    Disruption in the global order- Implications for the position of the US

    • COVID-19 is, in turn, expected to bring about major changes in the global order.
    • Changes would get accelerated: Some of these changes have, no doubt, been in the making for some time, but would get accelerated.
    • As of now, though the U.S. is no longer the global power that it once was, it is hardly in retreat.
    • Retreat from Afghanistan, not the end: The US is, without doubt, increasingly disinclined to act as the world’s gendarme, as instanced by its retreat from Afghanistan after a dubious accord with the Afghan Taliban,
    • But this was not the end of the road as far as U.S. power was concerned.
    • The US would step back further: Post COVID-19, however, and given that the U.S. is among the countries badly affected by this pandemic, together with existing uncertainties affecting its financial markets, the U.S. can be expected to step back even further — from one of assertion to neutrality in global affairs.
    • Already, U.S. command of the global commons has weakened. Meantime, China and Russia have strengthened their relationship and improved their asymmetric capabilities.
    • US not the largest economy by PPP: The challenge from China is becoming more obvious by the day — measured by purchasing power parity, the S. is not the largest economy in the world as of now.
    • Russian challenge: Even more daunting from a U.S. standpoint, and also representing a sea-change from the recent past, Russia has become far more economically and politically stable and an important power broker in West Asia.
    • Impact on liberal international order: These shifts cannot but, and are likely to, have a direct impact on the liberal international order. It could, in turn, give a boost to authoritarian regimes and authoritarian trends.

    Impact on social behaviour

    • Moving away from the political and economic consequences of COVID-19 are other concerns arising from an extended lockdown, social distancing and isolation.
    • The epidemic of despair: Psychologists are even talking of an ‘epidemic of despair’ arising from a fear of unknown causes, resulting in serious anxiety and mental problems.
    • Problems due to extended isolation: Extended isolation, according to psychologists, can trigger a different kind of pandemic even leading to possible suicidal tendencies, fits of anger, depression, alcoholism and eccentric behavioural patterns.

    Inequality and impact

    • The impact is not the same for all: Another fallout from the current epidemic might well be the extent to which inequality in incomes impact segments of the population, facing a common malaise.
    • Countries lacking a comprehensive nation-wide health system would find this an even more difficult situation to handle.
    • Meantime, as the economy weakens, accompanied by job losses, those without high levels of skills would fall further behind.
    • This is evident to some extent already given recent reports of mass migration across the Indian landmass.
    • Out of work migrant labour, unable to find new jobs since they lack the necessary skills, are attempting to return to their normal habitat, bringing in their wake untold suffering and, perhaps even the spread of the virus.
    • This has all the makings of a huge human tragedy. Existing curbs on their movement would further exacerbate the problem, and could even lead to a major law and order situation.

    Possibility of the rise of digital authoritarianism

    • One possible, and unexpected, aspect of the COVID-19 epidemic could be the thrust it could provide to ‘digital authoritarianism’.
    • China’s authoritarian methods seem to have helped it to contain the spread of the virus — at least for the time being.
    • Somewhat similar tactics are being employed by some other countries as well.
    • In turn, leaders across many nations may find China’s methods, and the embracing of technology to refashion authoritarianism for the modern age irresistible, and a standard to be adapted, even if they profess to be democratic.
    • The rise of digital autocracies could lead to digital repression, and in the age of AI-powered surveillance, create a capacity for predictive control, or what is often referred to as ‘social management’.

    Conclusion

    The pandemic even after it’s over could change the world in more than one ways and we must be cautious in our approach in accepting or rejecting these changes brought about by the epidemic.

  • Operation Sanjeevani

    An Indian Air Force (IAF) C-130J transport aircraft o delivered 6.2 tonne of essential medicines and hospital consumables to Maldives under Operation Sanjeevani.

    Operation Sanjeevani

    • At the request of the govt. of Maldives, the IAF aircraft activated Operation Sanjeevani and lifted these medicines from airports in New Delhi, Mumbai, Chennai and Madurai before flying to the Maldives.
    • Among other things, these medicines include influenza vaccines, anti-viral drugs such as lopinavir and ritonavir — which have been used to treat patients with COVID-19 in other countries.
    • The flights are being operated on commercial basis following demands from pharmaceutical companies and their intermediaries and will carry cargo on inbound as well as outbound flights.
    • The cargo operations will help the airline earn some revenue at a time there is a ban on passenger flights and the entire fleet is grounded.
  • Making the private sector care for public health

    Context

    As India enters the second week of a national lockdown imposed in response to COVID-19, it is still unclear how well prepared the healthcare system is in dealing with the pandemic.

    Need for roping in the private healthcare

    • No indication of an increase in expenditure on health: A preparedness plan has to address all levels of care in terms of infrastructure, equipment, testing facilities and human resources in both the public and private sectors.
    • However, so far, the Central and State governments have given little indication of bringing an increase in public expenditure on health.
    • So, an already overburdened public health system will be unable to meet the increase in moderate and severe cases of COVID-19 that would require hospitalisation.
    • Need for the comprehensive national policy: While some individual private sector companies have come forward with offers of creating capacity and making it available to COVID-19 patients, there is a need for a comprehensive national policy to ensure that private healthcare capacity is made available to the public.
    • Some states like Chhattisgarh, Rajasthan, Madhya Pradesh and Andhra Pradesh have already roped in the private sector to provide free treatment.

    What the government should do?       

    • Provide universal health service: The governments at the Centre and in States have to take responsibility for providing universal health services free of charge and accessible to all.
    • Tap into private sector capacity: This will require governments to not just expand the capacity within the public sector, but also to tap into the available capacity in the private sector.
    • Faced with a serious health emergency, the silence of the government on the expected role of the private sector is intriguing.
    • Include COVID-19 testing in PM-JAY: The National Health Authority has recommended that the testing and treatment of COVID-19 be included in the PM-Jan Arogya Yojana (PM-JAY) but this proposal is still awaiting clearance.
    • Form the central command: The governance of the health service system is clearly fragmented and has created anxiety among the public.
    • There is a lack of a visible central command, which should be created under the supervision of the Union Health Minister, aided by a team of experts.
    • They should be tasked to make policies as and when required and communicate them to State governments, taking into account an evolving situation.
    • Ensure that there is no cost to the patient: There have been some tentative measures taken by States to allow individuals seeking testing for COVID-19 to access private laboratories at subsidised rates.
    • At present, the government has put a cap on the cost at ₹4,500 per test, which is a burden for even a middle-class patient.
    • The poor will clearly have no access to this and the government itself does not have adequate facilities to meet the increasing demand. It is here that the government needs to ensure that there is no cost to the patient.
    • Create adequate testing facilities: At this point, and certainly, before the lockdown is lifted, it is absolutely essential that adequate testing and quarantine facilities are created.
    • The Central government has already taken over some private hotels to accommodate persons quarantined for COVID-19.
    • One way of expanding such facilities would be for the government to ‘take over’ private corporate laboratories and hospitals for a limited period.
    • Standard treatment protocol: The political directive for such a move needs to come from the Central government while ensuring that the Ministry of Health provides standard treatment protocols for health personnel.

    Learning lessons from Spanish and British experience

    • The Spanish government issued an order bringing hospitals in the large private corporate sector under public control for a limited period.
    • This tough decision was taken with the understanding that existing public healthcare facilities would not be able to cope with the sudden, if short-term, rise in COVID-19 cases.
    • British trade unions have demanded that the government make the 8,000 beds in 570 private hospitals in the country available.
    • They have argued that while beds in private hospitals are lying empty, there is a severe shortage of beds in public hospitals.
    • The unions have also been critical of the U.K. government decision to rent these beds at an exorbitant cost to the exchequer.

    Way forward

    • Rope in the private healthcare sector: In India, private corporate hospitals have, in the past, received government subsidies in various forms and it is now time to seek repayment from them.
    • They are also well poised to provide specialised care and have the expertise and infrastructure to do so.
    • Bring in the universal public healthcare: Universal public healthcare is essential not only to curb outbreaks but also to ensure crisis preparedness and the realisation of the promise of the right to health.
  • The SC order on migrants labours raises several issues

    Context

    On March 31, the Supreme Court of India (SC), entertaining a writ petition under Article 32, passed an order which raises more questions than it seeks to answer.

    What were the issues involved in the writ petition?

    • The writ petition was purportedly filed in the public interest, “for redressal of grievances of migrant workers in different parts of the country”.
    • Directions which are in favour of the Union government: The Court has proceeded to issue several directions which are clearly in favour of the respondent, the Union of India.
    • The following three directions were uncalled for:

    What were the directions issued by the Supreme Court?

    • One, that under section 54 of the Disaster Management Act, 2005, persons can be punished with imprisonment, which may extend to one year, or with a fine for making or circulating a false alarm or warning.
    • Disobedience of the order including an advisory by a public servant would result in punishment under section 188 of the IPC.
    • Two, all concerned, that is the state government, public authorities and citizens will faithfully comply with directives, advisory and orders issued by the Union of India in letter and spirit in the interest of public safety.
    • Three, the media should only refer to and publish the official version of the Government of India, publishing a daily bulletin.
    • The SC observations about migrant labourers: After giving substantial reliefs to the Union of India, the SC proceeded to make mere observations about migrant labourers by directing that they should be dealt with “in a humane manner”.
    • And that “trained counsellors, community leaders and volunteers must be engaged along with the police to supervise the welfare activities of migrants”.
    • The SC has virtually absolved the government for its handling of the situation.

    What was the basis for issuing orders and issues with it

    • The basis of the directions is a statement made by the Solicitor General of India and some status reports to the effect that “the exodus of migrant labourers was triggered due to panic created by some fake/misleading news and social media”.
    • What is an issue with basis? The SC has proceeded on assumptions and surmises which were untested and unchallenged.
    • What the court should have done? In a matter of such seriousness, the least it should have done was to have appointed an amicus curiae (a friend of the court) to assist it rather than simply accept the self-serving status reports and statements made before it.
    • The Court overlooked the fact that in India, hundreds of millions of people work during the day and are paid at the end of the day and then go and buy their foodstuffs.
    • They have no savings, nor do they have foodgrains stored.
    • It is surprising that the Court, the custodian of fundamental rights, should be oblivious to this reality.

    Issue of press freedom

    • Citizens have the right to freedom of speech and expression. Press freedom is a part of this. Citizens have the right to receive information as well.
    • Article 13 (2) of the Constitution says that the state cannot make any law which takes away or abridges the fundamental rights.
    • If Parliament cannot do so, the Supreme Courtthe upholder of the constitutional rights — surely cannot do so.
    • The SC has itself held in M Nagraj (2006): “A right becomes a fundamental right because it has foundational value. The fundamental right is a limitation on the power of the State. A Constitution, and in particular that part of it which protects and which entrenches fundamental rights and freedoms to which all persons in the State are to be entitled, is to be given a generous and purposive construction.”
    • The SC should not have made all media subservient to the government by directing that the former “refer to and publish the official version about the developments”.
    • Such an order could be justified only during an emergency and that too by the executive, subject to challenge before the courts.

    Conclusion

    The SC has given a carte blanche to the authorities, and citizens appear to have no avenues of redress. Most of all, by condemning the media and social media, holding them responsible for fake news, the SC has done a great disservice to the institution which provides information to citizens and upholds democracy.