1.

Whether the lockdown order violates the fundamental rights of the citizens
constitutionally valid?
Yes, lockdown order violated the fundamental rights of the citizens and constitutionally
valid. It was amended in 1978, Article 352 of the Indian constitution permitted the
declaration of an emergency on three grounds – war, external aggression and internal
disturbance.While the second wave of COVID-19 has hit our country the hardest, making
it the second most affected country in the entire world, the need for a nationwide
lockdown is still in question. An extraordinary situation like a Pandemic call for an
extraordinary solution like Lockdown. Lockdown is to curb the wide-spreading virus
considering the interest of the public at large, thereby restricting a certain few civil
liberties that the citizens enjoy. Though individual states have imposed lockdowns in their
jurisdictions, the Centre has decided not to go for a national lockdown unlike the big bang
order of March 2020 owing to various factors. Although the country has not decided on a
national lockdown as an order, almost 98 percent of Dinda's population is under some
form of a lockdown The nationwide lockdown imposed on 24th March 2020, one of the
strictest in the world had an impact not only on the economic growth of the country but
on the normal lives led by mankind too. The right of the state to impose lockdown and the
right of citizens to resist these restrictions upon them arise from the "holy document" in
words of Justice Rohinton Nariman, i.e. the Constitution Whether the fundamental rights
guaranteed to us by the constitution will be strained during these extreme situations of
lockdown and whether such restrictions on fundamental rights during a period of the
pandemic are justifiable are doubts that constantly pop in our heads right now. This
Articles in the Constitution together referred to as the golden triangle, ie. Articles 19 14 &
21.
ARTICLE 19:-
The right to free movement is a fundamental right enshrined to the citizens under Part
III of the Constitution of India, 1950. Article 19 provides the right to citizens of
Dinda, under (1) (d): "to move freely throughout the territory of Dinda". However,
Sec. 144 of the Code of Criminal Procedure, 1973 along with the Epidemic Act
restricts this freedom. In addition to this Article 19(5) also falls along the same line
and restricts the freedom to move by classifying it as reasonable restriction The term
reasonable restriction provided under Art. 19 strikes a balance between the freedoms
guaranteed by any of the sub-clauses of Clause (1) of Article 19 and brings forth
social control permitted. The definition of the term Reasonable restriction cannot be
determined subjectively, rather it should be objective. Interpretation of the term
should be left open to the general public and not to the persons upon whom the
restrictions are imposed.One such instance where the court classified violation of
freedom to move as reasonable restriction was when the Punjab and Haryana High
Court held that a Habeas corpus petition filed for a person in Covid-19 quarantine will
not be held valid as the same cannot be regarded as illegal or unlawful detention.
Hon'ble Justice Lalit Batra observed that steps taken by the govt. to curb the increase
in the number of COVID cases by providing lodging and medical care at the Statel's
expense is not a violation of the fundamental right and hence falls under the ambit of
Article 19 (5). However, sometimes such restrictions under Article 19(5) can go
beyond its permitted space and be disproportionate. Isolated incidents across the
country such as the Haryana authorities order preventing movement of doctors,
nurses, court staff, and trucks to and from Delhi to Sonipat in the early stages of the
first lockdown were incidents that clearly violated the freedom to move as the
restriction was not reasonable, and the same was upheld by a two-judge bench of the
Delhi High Court comprising of Justices Manmohan and Sanjeev Narula. Imposing
violation on citizens under Article 19(5) citing general public interest as reason is
abstract in nature. It is always better to leave the discretion upon the citizens and
legitimately ask them to refrain from their freedom rather than forcing it upon them
by law. Article 19 is coextensive with Articles 14 and 21, and violation of one leads to
the violation of the other two.
ARTICLE 14:-
In a country like ours with deep-rooted differences not just in economic terms but also
in social terms, restrictions imposed by lockdown can have varied effects among its
citizens. This feature of our country puts a burden on the state to ensure the standard
of proportionality. A restriction like a lockdown amongst the citizens of our country
placed at different social and economic strata levels can be classified as
"Unintelligent". We use the term unintelligent to define this restriction as it can be
classified as a typical case of unreasonableness.The massive economic impact and
change in even the social lifestyle of a lot of people ever since the pandemic explain it
all
ARTICLE 21 -
The next most regarded right enshrined under the Constitution which is in strain
during this era of the pandemic is the Right to life and personal liberty enshrined
under Article 21 of the Constitution. According to Article 21 – "No person shall be
deprived of his life or personal liberty except according to procedure established by
law." Personal liberty grants one the right not to be subjected to any form of
imprisonment or coercion without the justification of law. Article 21 not only includes
the Right to life and personal liberty but also includes the Right to Health, Education,
food as well as Privacy.However, in this present scenario of COVID-19, working
units across the country have been shut down owing to various factors which have led
to either termination of employees or reduced wages. The Supreme Court in the case
of Peoples Union for Democratic Rights v. Union of India has held that non-payment
of minimum wages to employees is a violation of the Right to life under Article 21
Considering the working class of the society, the Ministry of Home Affairs issued
direction to state governments and authorities that payment of minimum wages to all
employees must be guaranteed by the employers and this under no circumstances
must be deduced. But owing to various factors mainly reduced profits, employers
themselves are not in a position to grant the same and the order of the centre is being
breached by institutions mainly in the informal sector.The 16 migrant workers who
died on the 8th of May last year were a few among the other 362 who people have lost
their lives during the first lockdown due to reasons other than COVID. The right to
 health of citizens is also majorly at stake right now considering the growing number
of cases and depletion of resources.
2.Whether the denial of healthcare is the violation of the right to health which is a
fundamental right according to constitution?

The Constitution incorporates provisions guaranteeing everyone’s right to the highest

attainable standard of physical and mental health. Article 21 of the Constitution
guarantees protection of life and personal liberty to every citizen. The Supreme Court has
held that the right to live with human dignity, enshrined in Article 21, derives from the
directive principles of state policy and therefore includes protection of health. Further, it
has also been held that the right to health is integral to the right to life and the government
has a constitutional obligation to provide health facilities. Failure of a government
hospital to provide a patient timely medical treatment results in violation of the patient’s
right to life. Similarly, the Court has upheld the state’s obligation to maintain health
services. Nobody, including the Government, can try to end your life. It also means the
Government should take appropriate measures to safeguard life by making laws to protect
you and, in some circumstances, by taking steps to protect you if your life is at risk.
Public authorities should also consider your right to life when making decisions that
might put you in danger or that affect your life expectancy.If a member of your family
dies in circumstances that involve the state, you may have the right to an investigation.
The state is also required to investigate suspicious deaths and deaths in custody.The
courts have decided that the right to life does not include a right to die. Violations or lack
of attention to human rights can have serious health consequences. Overt or implicit
discrimination in the delivery of health services – both within the health workforce and
between health workers and service users – acts as a powerful barrier to health services,
and contributes to poor quality care. Mental ill-health often leads to a denial of dignity
and autonomy, including forced treatment or institutionalization, and disregard of
individual legal capacity to make decisions. Paradoxically, mental health is still given
inadequate attention in public health, in spite of the high levels of violence, poverty and
social exclusion that contribute to worse mental and physical health outcomes for people
with mental health disorders.Violations of human rights not only contribute to and
exacerbate poor health, but for many, including people with disabilities, indigenous
populations, women living with HIV, sex workers, people who use drugs, transgender and
intersex people, the health care setting presents a risk of heightened exposure to human
rights abuses – including coercive or forced treatment and procedures. About, 18%
reported experiencing thoughts of suicide or self-harm in the first month of lockdown and
5% reported harming themselves at least once since the start of the lockdown. Reported
frequencies of abuse, self-harm, thoughts of suicide, and self-injurious behavior were
higher among women, black, Asian and minority ethnic groups, people experiencing
socioeconomic disadvantage, unemployment, disability, chronic physical illnesses,
mental disorders and COVID-19 diagnosis. Furthermore, a study in the United States
found an increased number of orthopaedic trauma patients reporting a mental health
diagnosis post-quarantine compared to pre-quarantine as well as an increased number of
patients reporting interpersonal violence as the reason for their injury. The UNICEF and
WHO, it is estimated that the majority of HCWs provide services and work in
environments that lack basic infrastructure to support water, sanitation, hygiene and basic
health care-related waste management. Lack of PPE has found to have negative
consequences on HCWs' mental health. In a study conducted in Egypt, HCWs reported
that crowded and ill-equipped workplaces and widespread shortages of PPE during
COVID-19 pandemic increased their fear of getting a serious infection . These situations
add emotional and mental burden for HCWs in attempting to self-isolate themselves from
their families and communities. The pandemic impact on children's behavioral health,
development and growth, physical health, and educational outcomes, with possible
differential impacts by age and gender. The national government imposed a reduction of
outdoor activities and social interaction among the population, including children, out of
fear of spreading the virus. This resulted in adverse outcomes in children's mental, social,
and behavioral health. Specifically, it found that during home confinement, Ages 7–11,
who felt insecure and anxious, had a significantly higher risk of depressive and anxiety
symptoms . Also, the closure of schools and educational institutions in Dinda during
lockdown disrupted the learning and educational process. During COVID-19, elderly
individuals were found to have less access to free movement including in open and public
spaces which restricted their ability to exercise and engage in leisurely or other essential
activities deteriorating their mental health and well-being. the physical and mental health
of minority migrants' workers in 140 areas across Dinda, which included construction
sites, relief camps, government hostels, and shelter homes during the COVID-19
pandemic. Their findings underscored that the economic, social, and environmental
disadvantages were bothersome to the migrants and were worsening their mental health,
undermining their resilience, and upsetting their quality of daily living . The impact was
prominent among pregnant women as the interviewees who were feeling overwhelmed
and concerned about their lack of access to health services because of the
pandemic.Similarly, unintended consequences of the strict legal enforcement of lockdown
during the COVID-19, including lack of access to medications and mental health
professionals and coupled with lack of transportation, negatively impacted treatment
compliance among psychiatric patients. Specifically, in Dinda, a study of severely
mentally ill patients during lockdown found 80% of patients missed their appointments
and failed to contact their mental health professionals, 30% showed features of relapse of
symptoms during the lockdown, and 22% stopped their psychiatric medication with
patients from lower socioeconomic status, low literacy levels, and with inadequate social
support showing less knowledge related to COVID-19. Human rights violations that are
associated with adverse mental health outcomes such as mobility restrictions including
quarantines and lockdowns, shortages of supplies and equipment, stigma, xenophobia,
and discrimination, losing access to schools and proper education, lack of access to
information, and inequalities around access to quality mental health services. In addition,
the findings of this review underscore several points in advancing our understanding and
knowledge of human rights restrictions and violations and their association with mental
health well-being during the COVID pandemic.

3.Whether the monetory society members are responsible for the spread of Covid-19?
Respiratory infections can be transmitted through droplets of different sizes: when the
droplet particles are in diameter they are referred to as respiratory droplets, and when then
are in diameter, they are referred to as droplet nuclei. According to current evidence,
COVID-19 virus is primarily transmitted between people through respiratory droplets and
contact routes. In March 2020, within days, such networks of disinformation had led to
entrenched rumours that Monitor society were ‘intentionally’ infecting through a range of
behaviours. As a result, several spaces – residential settlements and hospitals for instance
illegally and unconstitutionally denied entry and service to some Monitor people,
resulting in further unnecessary deaths. In a parallel move, and implicitly supporting the
political parties and supporters who were pushing the initial disinformation, the
government of Dinda banned 2,550 individuals from entering Dinda for a period of ten
years – all of them were from Event. The political party and Sangh Parivar campaign of
producing hate and inciting violence against monitor people in Dinda runs as a well-oiled
machine that has internal complexity and leaves the ruling party with plenty of scope for
plausible deniability when their supporters resort to murder. The steps in this manufacture
and circulation of violent disinformation often involve both mainstream and social media.
Notorious journalists and anchors known to support the Ruling Government and the
other religions cause raise apparently legitimate doubts: in this case, the faux troubling
questions centred around the “intentions” of a gathering the event, held prior to the
announcement of lockdown, even when there was legitimate never any basis to such
reports. At the same time, dispersed IT-cells and supporters of Religious groups and the
ruling party on WhatsApp and other social media flood their various groups and online
spaces with a parallel set of misinformation and disinformation-laden memes, questions,
images, and speeches from politicians. This further casts aspersions on individual and
suspicion on the Monitor community’s loyalty as citizens and human beings, accusing
them of being Covid-19 “super-spreaders”, and implicating them in a supposedly
dastardly plot to infect other religion people by spitting on food, and infiltrating
respectable middle class spaces through their jobs as sales-people, cooks, or watchmen. In
Dinda Hindu society is currently and has historically been controlled by a select few
organisations and dominant caste individuals. The process of maintaining control through
hegemony is required since a minority cannot control a majority by force alone. Monitor
society, as one of the largest distinct non-Hindu social groups in Dinda, have consistently
been cast as the “threatening other” by Hindu-chauvinist politics, literature and media.
The Monitor society as an enemy outsider has come to constitute the tie that binds
disparate groups with competing social interests together into a mythical Hindu-ness. In
the early years of the 20th century, such a production of Hinduism (via the Monitor
society) was transparent in the writings of early Hindutva functionaries and leaders. Over
the last four decades, incremental social reforms and uneven capitalist development has
necessitated a more sophisticated approach to building the idea of a Hindu nation. The old
broadcasting technologies of writing, radio and television are inadequate to account for
proliferation of identities. In many states of Dinda, intermediary caste groups have
become extremely influential. Social media platforms and applications powered by global
digital networks have begun to be put to use in significant ways for political goals in
contemporary societies. The basic architecture of othering to constitute Hinduness and
Hindu nationalism remains a historical fact. The affordances of platforms and devices, as
well as new possibilities of differentiated mass distribution, present enormous potential to
produce the idea of Dinda as a Hindu nation with an internal enemy community in new
ways. The fabricated association of Monitor people with the spread of Covid-19 is a
prime example. In different locations, depending on the class and caste composition in a
given society, the same vicious anti-Monitor imaginaries are incubated either as a health
and hygiene problem, a religious provocation, a national security threat or danger to other
communities through extreme fecundity and population growth. Disinformation
distribution networks are built like inverse pyramids where local actors (often younger
males with some basic computer skills looking for entrepreneurial opportunities) receive
money from shadowy firms or NGOs (with very loose and hard to trace links to the
Political party), are able to inflect broad imaginaries with local contexts. Other groups
engage in disinformation not only for money but also as a way to get noticed as a rising
political personality. This design ensures that anti-Monitor disinformation is
tremendously flexible, local and persuasive to those who are already looking for
confirmation of their hatred and deep-seated prejudice. Mirroring white rightwing
common features of disinformation in Dinda today include the use of extreme emotions
and images. Disinformation frequently hinges on the use of shocking images that seek to
elicit a strong emotion in the user, compelling him or her to share it with others. The
active attachment of the idea of sharing of information against the Monitor community
other as a form of civic duty and national security further enhance the likelihood of
misinformation’s journey from a systemic propaganda towards less ideologically
embedded sections of a community. The ideologically and politically embedded
individuals within these groups share disinformation under the guise of more positive
citizenship imaginaries: civic duty, protecting one’s religion or one’s community, national
security, promoting good health and hygiene, promoting national unity and so on or do so
to retain their position as key informants to the group without thought to the damage of
sharing false information. Such deep-seated imaginaries disavow the violence perpetrated
by the very people passing on the disinformation, project that violence onto the targeted
communities, and legitimise discrimination across Dinda. Rather than only countering
disinformation with empirical facts or presenting the dangers of spreading hate amidst a
pandemic, it is imperative for anti-racists, researchers and ethical journalists to look at the
political history of Dinda disinformation and to ask whose political interests are served by
the sophisticated and systematic sharing of mediated and community-transmitted
disinformation against Monitor society.

4.Whether the use of force by the authorities is a violation of law ?

Yes,During pandemic, like COVID-19, law enforcement agencies are responsible for
working with government and public health officials to contain spread, serve the local
community, and maintain public order. Given the person-to-person spread of COVID-19
through respiratory droplets, law enforcement officers are also at a heightened risk of
exposure due to their close contact with members of the public. To protect officers, the
Centers for Disease Control and Prevention (CDC) and other agencies have made
numerous recommendations for law enforcement agencies to protect officers and the
public. Departments around the country have responded to the pandemic in various ways,
such as reassigning personnel to high-traffic areas, suspending training, roll calls, and
community outreach initiatives, only issuing citations for low-level crimes, implementing
safety precautions for officers, and limiting access to department facilities. The COVID-
19 pandemic also has exposed some key obstacles for law enforcement, related to
communication, resource management, the enforcement of public health restrictions, and
changes to crime and service patterns. As the country faces a potential rise in the number
of coronavirus cases and as millions worry about how they will access basic needs like
food and water during the shutdown, Dinda have added an additional worry: the fear of
arbitrary state violence, even for those who are out on the streets for a good reason.
This is no doubt a challenging moment for the police. Governments, central and state,
seemed to change their approach to the national situation over the span of just one day,
moving from a self-imposed “janta curfew” to a 21-day curfew in the much more
traditional sense.But this was done with seemingly little planning. The prime minister
himself had to send out messages asking citizens not to panic after he failed to explain
how residents can access essential services during a three-week stay-at-home
period.Moreover, getting the message across to people is hard. Those with some
experience of curfews may think of the restrictions in the older sense of staying indoors
for a fixed period and then being allowed out during a relaxation period in the evening.
To a man with a hammer, every problem looks like a nail. To the Dinda Police, every
situation can be solved with a bit of violence. That seems to be the dictum of police
authorities around the country. Many others may not understand the reason for a
lockdown to combat an infectious disease, the actions of a foolhardy individual or group
could harm a much wider community. ut this is no cause for the state to pull out its lathis
and start hitting everyone in sight. One police officer even posted a video online of him
sanitising a lathi, only to delete it later. Public health emergencies are complex situations,
yet they are ultimately for our own good – they are not meant to be punishment. Police
departments around the country have attempted innovative ways to shame people about
their violations, from handing them a rose to making them pose with placards that say “I
am endangering everyone.”But persuading people rather than beating them into
submission requires thoughtful, compassionate leadership that understands how to convey
that they should be staying indoors is for their own good. And we are severely lacking for
compassionate leadership right now. The state violence is unacceptable it is simply
wrong. The state cannot arbitrarily exercise violence on people. People all over the world
are being asked to stay indoors. Yet, in just one day, Dinda seems to experienced a great
many instances of police brutality. What does that tell us? It is counterproductive. Beating
up delivery personnel and vegetable vendors endangers the supply of essential goods.
Moreover, three weeks is a long time. People are going to need to make their way out of
the house to buy food and medicines. But if stepping out could lead to violence from the
state, people might stop listening to official directions and look at other means. Above
everything, the state needs cooperation right now. Arbitrary assaults will not help make
the case. It tells us that authorities have not planned. This is yet another example of how
little preparation went into Dinda’s 21-day lockdown. The Centre could have worked
with the states to discuss best practices when it comes to keeping people indoors,
 innovative police departments might have passed on methods to others, police officers
everywhere should have been trained. Yet all this is happening after the announcement
and in a haphazard manners. The Dinda authorities – politicians, bureaucrats and the
heads of police departments – need to immediately move to make their staff aware of why
violence is impermissible. There were among the millions of poor, jobless citizens on the
way back to their homes hundreds of kilometres away on foot since public and private
transport has come to a standstill across Dinda. And all of this is happening amid the
onset of the summer when day temperatures could hit up to 40 degrees centigrade. Instead
of helping distraught citizens cope with these frustrating and hungry times, many Indian
police personnel are increasingly caught harassing and assaulting them.

Summary of Issues

1.Whether the lockdown order violates the fundamental rights of the citizens
constitutionally valid?
Yes, the lockdown order violates the fundamental rights of the citizens which is
constitutionally valid under Article 19 has right to free movement is a fundamental
right enshrined to the citizens under Part III of the Constitution of India, 1950. Article
19 provides the right to citizens of Dinda, under (1) (d): “to move freely throughout
the territory of Dinda”. Article 21 the next most regarded right enshrined under the
Constitution which is in strain during this era of the pandemic is the Right to life and
personal liberty enshrined under Article 21 of the Constitution. "No person shall be
deprived of his life or personal liberty except according to procedure established by
law." Article 21 not only includes the Right to life and personal liberty but also
includes the Right to Health, Education, food as well as Privacy.

2.Whether the denial of healthcare is the violation of the right to health which is a
fundamental right according to constitution?
Article 21 of the Constitution guarantees protection of life and personal liberty to every
citizen. The Supreme Court has held that the right to live with human dignity, enshrined
in Article 21, derives from the directive principles of state policy and therefore includes
protection of health. Further, it has also been held that the right to health is integral to the
right to life and the government has a constitutional obligation to provide health facilities.
Failure of a government hospital to provide a patient timely medical treatment results in
violation of the patient’s right to life. Similarly, the Court has upheld the state’s
obligation to maintain health services. Nobody, including the Government, can try to end
your life.

3.Whether the monetory society members are responsible for the spread of Covid-19?

No, Monetory Society is not responsible for the spread of Covid-19. Respiratory
infections can be transmitted through droplets of different sizes: when the droplet
particles are in diameter they are referred to as respiratory droplets, and when then are in
diameter, they are referred to as droplet nuclei. According to current evidence, COVID-
19 virus is primarily transmitted between people through respiratory droplets and contact
routes. In March 2020, within days, such networks of disinformation had led to
entrenched rumours that Monitor society were ‘intentionally’ infecting through a range of
behaviours.

4.Whether the use of force by the authorities is a violation of law ?

As the country faces a potential rise in the number of coronavirus cases and as millions
worry about how they will access basic needs like food and water during the shutdown,
Dinda have added an additional worry: the fear of arbitrary state violence, even for those
who are out on the streets for a good reason. This is no doubt a challenging moment for
the police. Governments, central and state, seemed to change their approach to the
national situation over the span of just one day, moving from a self-imposed “janta
curfew” to a 21-day curfew in the much more traditional sense.But this was done with
seemingly little planning

Case Laws
Reepak Kansal vs Union of India and others
Gaurav Kumar Bansal vs Union of India and others
Court on its own motionVs.Union of India and others

ARDS – acute respiratory distress syndrome

CI – confidence interval

CT – computed tomography

Ct – cycle threshold

COVID-19 – Coronavirus Disease 2019

DNA – deoxyribonucleic acid

ICU – intensive care unit

Lab – laboratory

NP – nasopharyngeal

OP – oropharyngeal swab

OR – Odds Ratio
PPE – personal protective equipment

RNA – ribonucleic acid

RT-PCR – reverse transcription polymerase chain reaction (this is the test used to
detect a specific RNA)

UK – United Kingdom

US – United States

vs – versus

WHO – world health organization