Cpil vs uoi__dm_actndrfand_pm_cares_fund_

ftz-IN THE SUPREME COURT OF INDIA
(ctvrL oRTGTNAL JURTSDICTION)
wRtT PET|T|ON (CtVtL) NO._ OF 2020
(PUBLTC TNTEREST LTTTGATTON)
... PETITIONER
... RESPONDENT
PAPERBOOK
(FOR TNDEX KTNDLY SEE |NSTDE)
COUNSEL FOR THE PETITIONER: PRASHANT BHUSHAN
IN THE MATTER OF:
CENTRE FOR PUBLIC INTEREST LITIGATION
VERSUS
UNION OF INDIA

Sr.
No.
Page No. ofpart
to which it belong
Part I
(Conten
ts of
Paper
Book)
Part II
(Conten
ts of file
alone)
(i) (ii) (iii) (iu) (")
1 Llsting Proforma A A1
Cover Page of Paper Book A-2
A-3
Limitation Repoft prepared by the
Registry
A-4
5 Defect List
6 Note Sheet NS1to..
7 Synopsis and List of Dates B'H
B Writ Petition with Affidavit l.lt.t
ANNEXU RE-P-l: A copy of the Order
l*S-12.
10. ANNEXURE-P-2: A copy of relevant
pages of the National Disaster
Management Plan, 2019, a publication of
the National Disaster Management
Authority, Government of lndia.,
November 2019, New Delhi.
53-8o
INDEX
Particulars of Document Re
mar
ks
I
I
3. Index of Report proceedings
14.
9.
and Guidelines, dated 30.05.2020,
issued by the Ministry of Home Affairs of
the Government of lndia.
I
I
2.
A-5

11. ANNEXURE-P-3: A copy of the report,
dated 24.04.2020, titled "Frustration ln
National Covid-l9 Iask Force" ,
published by Article 14.
3l-tr0
t2.
23.04.2020, titled "Govt Knew Lockdown
Would Delay, Not Controt pandemic',,
published by Articte 14.
P-4=EXURE-AN A report, dated
l.lDo
13.
"Second Joint Statement on COVID-I9
Pandemic in lndia -public Heatth
Approach for COVlDlg Control,, daled
25.05.2020, issued by the Joint COVTD-
19 Task Force.
:AANNEXURE- P-5 copy of the
lDt,lo?
14. A copy of the report,
dated 15.05.2020, titled "How much wiil
Sitharaman's Plan for Migrant Workers
and Farmers Really Help", published by
The Wire.
ANNEXURE-P-6:
15, A copy of the Office
Memorandum, dated 28.'10.2010 issued
by the Ministry of Home Affairs (Disaster
Management Division), along with
Gazette Notification and Guidelines for
administration of NDRF and SDRF.
ANNEXURE.P-7:
u b.t33
16. A copy of the revised
list of items & norms of assistance from
SDRF/ NDRF issued In pursuance to
MHA's letter dated 08.04.2015.
ANNEXURE.P.S:
l-
i
f os.rjl
lt3{-re,
I

llr& l5tI
ANNEXURE-P-9: A copy of the Office
Memorandum, dated 30.07.2015, issued
by the Ministry of Home Affairs (Disaster
Management Division) along with the
Guidelines framed and notified on
Constitution and Administration of the
SDRF and NDRF.
t51
ANNEXURE-P-IO: A copy of the letter,
dated 14.03.2020, addressed to the
Chief Secretaries of all States by the
Ministry of Home Affairs (Disaster
Management Division)
16s,l5l19. ANNEXURE-PI1: A copy of the letter,
Management Division).
r6z20. ANNEXURE-P-12: A copy of the letter,
Management Division).
It6t.l6q21.
of PM CARES Fund as provided in its
official website.
ANNEXU E-P-13: A copy of the details
lbl,,t3a22. ANNEXURE-P-14: A co
reply, dated 29.05.2020, received from
the PMO.
py of the RTI
tb723. Filing Memo
/6924. Vakalatnama
-
17'
ll
l"l
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A
SECTION: PIL (WRIT)
PROFORMA FO FIRST NG
The case pertains to (Please tick/check the correct box):
Central Act: (Title)
Section
Central Rule : (Title)
Rule No(s):
State Act: (Title)
Section:
State Rule : (Tltle)
Rule No(s):
Impugned Interim Order: (Date)
Impugned Final Order/Decree: (Date)
High Court : (Name)
Names of Judges:
Tribunal/Authority ; (Name)
Nature of matter : Butl
DISASTER MANAGEMENT ACT/ 20O5
(a) Petitioney'appellant No.1: CENTRE FoR PUBLIC INTEREST LITIGATTON
(b) e-mail ID: KAMINI.JAISWA@GMArL.CoM
(c) Mobile Phone Number: 9810238874
(a) Respondent No.1: -NA-
(b) e-mail ID: - NA -
(c) lt4obile Phone Number: - NA -
(a) Main category classification: 08 (0812)
(b) Sub classification: OTHER PIL MATTER
Not to be listed before: - NA -
a) Similar Pending matter with citation: -NA-
b) Similar disposed matter with citation -NA-
if any case details
UNDER SECTION 12
.NA.
.NA.
-NA-
.NA-
. NA.
. NA.
.NA-
-NA-
Criminal1
2
3
4
5
6

A1
7. Criminal Matters:
(a) Whether accused/convict has surrendered: Yes Nq,
V
(b) FIR No. - NA - Date:
(c) Police Station:
(d) Sentence Awarded:
(e) Period of sentence undergone including period of
Detention/ CustodY Undergone:
8. Land Acquisition Matters:
(a) Date of Section 4 notification:
(b) Date of Section 6 notification:
@ Date of Section 17 notification:
9. Tax Matters: State the tax effect:
10. Special Category (first Petitioner/ appellant only):
ior citizen > 65 Years fln/child
Lbisabled flal Aid case Inlstodv
11. Vehicle Number (in case of Motor Accident Claim matters):
12. Decided cases with citation:
.NA-
- NA-
-NA.
-NA-
.NA-
-NA-
.NA-
-NA-
.NA-
. NA.
-NA-
.NA-
-NA.
f,ro"(*uf(PRASHANT BHUSHAN)
COUNSEL FOR TH E PEIIIIONER
coDE NO.515
E-Mail: prashantbhush@gmail.com
Mobile No.: 9811164068
NEW DELHI
DATED:06.06.2020

?
SYNOPSIS AND LIST OF DATES
The instant writ petition in public interest is being filed under Article 32
of the Constitution of lndia in the wake of the COVID-l9 pandemic for
the enforcement of fundamental rights of the citizens as enshrined
under Articles 14, 'l 9 and 21 of the Constitution of lndia seeking
directions to the Union of lndia to prepare, notify and implement a
National Plan under Section 11 read with Section 10 of the Disaster
Management Act, 2005 to deal with the current pandemic and to lay
down minimum standards of relief, under Section 12 of the Disaster
Management Act, 2005, to be provided to persons affected by the
COVID-19 virus, as well as by the resultant national lockdown.
Further, Centre may be directed to utilize National Disaster Response
Fund (NDRF) for the purpose of providing assistance in the fight
against COVID-'19 pandemic in compliance with Section 46 of the DM
Act, all the contributions/grants from individuals and institutions shall
be credited to the NDRF in terms of Section 46(1)(b) rather than to PM
CARES Fund and all the fund collected in the PM CARES Fund till
date may be directed to be transferred to the NDRF.
While the issuance of ad hoc and emergent orders are understandable
owing to the largely unpredictable crisis being faced by the entire
world, however, atleast now, i.e. after passing of more than two
months since the issuance of the first national lockdown, there needs

c
to be in place a broader and well thought out National plan ouflining .-
inter alia a detailed coordination mechanism between Centre and
states. The said National Plan needs to be prepared after due
consultation with the State Governments and experts.
section 11 of the Disaster Management Act, 2005 (hereinafter referred
to as the "DM Act") makes it mandatory for a National plan to be
drawn up for disaster management for whole of the country but
currently, there is no such National plan in place to deal with the
ongoing COVID-19 pandemic even though the same has been notified
as a 'disaster' and numerous notifications are being issued to contain
the same under the DM Act.
The latest National Plan uploaded on the website of National Disaster
Management Authority is of the year 2019 and the same doesn,t
comprehensively deal with situations arising out of the current
pandemic and has no mention of measures like lockdown,
containment zones, social distancing etc. in it. The part of the said
National Plan which deals with 'Biological and pubtic Heatth
Emergencies' does not mention any of the measures that are being
taken today in order to contain the instant pandemic and therefore,
unduly harsh disruptions are being caused in enforcing the same.
Under section 10(2) of the DM Act, the National Executive committee
has the responsibility to prepare a National plan and to monitor its
implementation. lt is to be noted that under Section l1(2), a National

D
Plan is mandatorily required to be prepared by the National Executive
Committee having regard to the National Policy and in consultation
with the State Governments and expert bodies or organisations in the
field of disaster management to be approved by the National Authority.
It is pertinent to mention herein that prominent lndian experts in the
field of epidemiology and public health have severely criticized the
Central Government's handling of the COVID-19 crisis in their joint
statement submitted to the Hon'ble Prime Minister on 25.05.2020.
They have also given various significant recommendations. The
signatories of the joint statement include former advisors to the health
ministry, current and former professors at the All lndia lnstitute for
Medical Sciences, Benaras Hindu University, Jawaharlal Nehru
University, Postgraduate lnstitute of Medical Education and Research'
among others. All the said signatories are members of the lndian
Public Health Association (IPHA), the lndian Association of Preventive
and Social Medicine (lAPStvl) and the lndian Association of
Epidemiologists (lAE) and are part of the Joint COVID-19 Task Force
to help the Government of lndia for containment of COVID-19
pandemicin the country.
The aforementioned joint statement, inter a/la, states that: "Ihe
engagement with expeft technocrats in the areas of epidemiology,
public heatth, preventive medicine and social sclenflsts was limited.
lndia is paying a heavy price both in terms of humanitarian crisis and
dlsease spread. The incoherent and often rapidly shifting sfrafegles

e
and policies especially at the national level are more a reflection of u
"afterthought" and "catching up" phenomenon on paft of the policy
makers rather than a well thought cogent strategy with an
epidemiologic basrs." ln light of this, it is submitted by the petitioner
herein that the Centre needs to urgently prepare a National plan in
consultation with top experts in the field of epidemiology and public
health having field training and skills, in compliance of Section 11 of
the DM Act.
Under the DM Act, there shall also be State plans (Section 23) and
District Plans (section 31) for states and districts respectively. Under
Section 22, the State Executive Committees shall have the
responsibility for implementing the National plan and state plans and
act as the coordinating and monitoring bodies for management of
disaster in the states. Further, under Section 30, the District
Authorities are required to coordinate and monitor the implementation
of the National Policy, State policy, National plan, State plan and
District Plan. lt is pertinent to mention herein that under section 31(2),
the District Plans are required to be prepared by the District Authorities
having due regard to the National plan and the state plans. Further,
under section 37, every Ministry or Department of the Government of
lndia is mandatorily require to prepare a disaster management pran
specifying the measures to be taken by it for prevention and mitigation
of disasters in accordance with the National plan.

F
By the time vaccine is developed (which experts say is atleast 9-12
months away) or herd immunity is achieved (which is achieved when
around 50-60% of the populations is infected) there needs to be a well
drawn-out National Plan to deal with the instant pindemic and the
same needs to be prepared after due consultation with the State
Governments and experts in accordance with Section 11 of the DM
Act.
The National Plan should provide inter alia proper and detailed
mechanism for any future lockdown measures, detailed coordination
mechanism between Centre and States, social distancing norms
keeping in mind the predicaments of the lower strata of the society,
least disruption of public transports and essential activities, large scale
ramping up of quarantine facilities along with rapid manufacturing of
testing and PPE kits and all this needs to be done transparently'
The centre should come up with detailed Guidelines recommending
the minimum requirements to be provided in the relief camps in
relation to shelter, food, drinking water, medical cover and sanitation,
inviewofSectionl2(i)oftheDMAct'ltissubmittedthatinabsence
of such minimum requirements being meted out, these shelter homes
andreliefcampsaresusceptibleofbecominghotbedsforthespread
ofCoVlD-lginfection.Centreshouldcomeupwithdetailedguidelines
under Section 12 (ii) & (iii) of the Dlr/ Act recommending special
provisions to be made for widows and orphans and ex gratia

Gassistance to be provided to the kith and kin of those losing life not just .-
because of coVlD-19 infection but also as a result of the harsh
lockdown restrictions. While the economy is being opened in a
staggered manner and means of livelihood of the marginal farmers,
street vendors, migrant rabourers may eventuaily be restored to some
extent, it is going to take a rong time and tiil then, it is submitted by the
Petitioner herein, there should be immediate cash ouflay for them.
ln the case of swaraj Abhiyan(r) v/s tJnion of rndia & ors. [(2016) 7
scc 4981, this Hon'ble court directed the Union of lndia to formulate a
National Plan in terms of section 11 of the Disaster Management Act,
2005 at the very earliest and with immediate concern.
Under Section 46 of the DM Act, any grant that may be made by any
person or institution for the purpose of disaster management is
mandatoriry required to be credited into the Nationar Disaster
Response Fund (NDRF). However, currenfly, NDRF is not being
utilized in fighting the ongoing covtD-19 and a pM-CARES Fund has
been constituted instead, outside the purview and ambit of DM Act, as
a public charitabre trust and ail the contributions/donations/grants with
regards to the coVrD-1g pandemic are being made to the said fund in
violation of crear statutory provisions. rt is pertinent to mention herein
that Section 72 of the DM Act provides that the provisions of the DM
Act, shall have effect, notwithstanding anything inconsistent therewith

H
- contained in any other law for the time being in force or in any
instrument having effect by virtue of any law other than the DM Act.
Vide the letter, dated 14.03.2020, addressed to the Chief Secretaries
of all States by the Ministry of Home Affairs (Disaster Management
Division), the Central Government, keeping in view the spread of
COVID-19 Virus in lndia and the declaration of COVID-19 as
pandemic by the WHO, by way of a special one time dispensation,
decided to treat it as a notified disaster for the purpose of providing
assistance under SDRF. lt is submitted by the Petitioner herein that
the Central Government could have, and should have, included NDRF
too (apart from SDRF) for the purpose of providing assistance in the
fight against the COVID-19 virus which was decided to be treated as a
notified disaster. However, the Central Government chose not to do it
so for reasons best known to it. The Petitioner herein humbly submits
that the same was apparently done by the Central Government for the
purpose of enabling it to create the PM-CARES Fund later on. lt is to
be noted that PM-CARES is not subject to mandatory CAG audit and
according to a recent RTI reply, dated 29.05.2020, PM-CARES Fund
doesn't come under the RTI Act, 2005 elther. As per the said RTI reply
received from Prime Minister's Office, PM CARES Fund is not a Public
Authority under the ambit of Section 2(h) of the RTI Act, 2005'
It is a setiled law that right to information is a facet of the right to
freedom of speech and expression under Article 19(1)(a) of the

5Constitution of lndia. lt is to be noted that Centre has been refraining
from divulging information about the specific utilization of crores of
rupees that have been contributed/donated to the PM-CARES Fund till
date. lt is submitted by the Petitioner herein that the Centre may be
directed to utilize NDRF for the purpose of providing assistance in the
fight against COVID-19 pandemic in compliance with Section 46 of the
DM Act, all the contributions/grants from indlviduals and institutions
shall be credited to the NDRF in terms of Section 46(1Xb) rather than
to PM CARES Fund and all the fund collected in the PM CARES Fund
till date may be directed to be transferred to the NDRF.
There cannot be continuous arbitrariness in the decision making
process in dealing with the current COVID-19 pandemic and
resultantly putting a disproportionate burden on the poor and other
marginal sections of the society as the same is violative of Article 14 of
the Constitution of lndia. Thus, a National plan is required to be
prepared, notified and implemented under Section 11 read with
Section '10 of the Disaster Management Act, 2005 with due
Right to health is a fundamental right under Article 2.1 of the
constitution of lndia. while the acute and unforeseen challenge in the
face of the current covrD-19 pandemic is understandable, the
statutory provisions of the Disaster Management Act, 2005 (the parent

a-
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statute in fighting the instant crisis) are required to be followed both in
letter and spirit.
Hence, the instant writ petition
LIST OF DATES
DATES EVENTS
28.09.2010 Government of lndia notified
National Disaster Response
Notification dated 28.09.201 0.
the constitution of the
Fund vide a Gazette
08.04.2015 A revised list of items & norms of assistance from SDRF/
NDRF was issued in pursuance to MHA's letter dated
08.04.2015.
Vide Office Memorandum, dated 30.07.2015, issued by the
Ministry of Home Affairs (Disaster Management Division),
Guidelines were framed and notified on Constitution and
Administration of the SDRF and NDRF based on the
recommendations of the 14rh Finance Commission.
30 07.2015
was first reported to the WHO Country Office in China on
31.12.2019
A pneumonia of unknown cause detected in Wuhan, China
China publically shared the genetic sequence o
type of coronavirus (novel coronavirus, nCoV).
fanew12.01.2020
WHO officials confirmed a case o
first recorded case outside of China
f nCoV in Thailand, the
13.01.2020
The first Coronavirus case was co
Thrissur district in a student who had returned home for a
vacation from Wuhan University in China'
rmed in Kerala'snfl
30.01.2020
name for thethe new coronavlrus
WHO announce d
disease: COVID-19.
11.02.2020
'Pandemic'WHO declared COVID-I9 as a
11.03.2020
I
31.12.2019
I
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14.03.2020
24.03.2020 ome Affairs of the Government of lndia
directed a nationwlde 21-day lockdown. The said order
came into force on 25.03.2020 for a period of 21 days, till
14.04.2020.Ihe Order and Guidelines were issued under
Sections 6 and 10 of the Disaster Management Act, 2005.
The Ministry of H
CARES) Fund as a public charitable trustwith the primary
objective of dealing with any kind of emergency or distress
situation, like posed by the COVID_19 pandemic, and to
provide relief to the affected.
On 28.03.2020,
Assistance and
the cOl
Relief in
constituted pM's
Emergency Situations
Citizen
(PM-
14.04.2020 Prime
an
The Hon'ble Minister of lndia made
K
Vide the letter, dated 14.03.2020, addressed to the Chief
Secretaries of all States by the tvlinistry of Home Affairs
(Disaster Management Division), the Central Government,
keeping in view the spread of COVID-19 Virus in lndia and
the declaration of COVID-19 as pandemic by the WHO, by
way of a special one time dispensation, decided to treat it
as a notified disaster for the purpose of providing
assistance under SDRF
It is submitted by the Petitioner herein that the Central
Government could have, and should have, included NDRF
too (apart from SDRF) for the purpose of providing
assistance in the fight against the COVID-19 virus which
was decided to be treated as a notified disaster. However,
the Central Government chose not to do it so for reasons
best known to it. The Petitioner herein humbly submits that
the same was apparently done by the Central Government
for the purpose of enabling it to create the pM-CARES
Fund (without mandatory CAG audit and public oversight)
later on.
28.03.2020

L
announcement that the national lockdown has been
extended till 03.05.2020. Further, vide order dated
14.04.2020, the National Disaster Management Authority
directed the Ministries/Departments of Government of
lndia, State Governments and State authorities to take
strict social distancing measures for upto 03.05.2020 so as
to prevent the spread of COVID-19 in the country.
01.05.2020 MHA, vide order and guidelines dated 01.05.2020,
extended the national lockdown lll 17.05.2020.
MHA, vide order and guidelines dated 17.05.2020,
extended the national lockdown till 31.05.2020.
17.05.2020
Prominent lndian experts in the field of epidemiology and
public health severely criticized the Central Government's
handling of the COVID-19 crisis in their joint statement
submitted to the Hon'ble Prime Minister on 25.05.2020.
They also gave various significant recommendations.
25.05.2020
Vide letter, dated 27.05.2020, addresse
Secretaries of all States by the Ministry of Home Affairs
(Disaster Management Division), it was communicated that
'locust control activities', during a notified calamity, has
been included in the list of eligible items & norms of
assistance under SDRF and NDRF. ln this regard a new
entry was added after item (13) under the revised list of
item and norms. lt is submitted by the Petitioner herein that
'locust control activities' was made eligible for funding
through SDRF and NDRF both, but COVID-19 crisis has
been unreasonably excluded from being funded through
NDRF, against the categorical statutory requirement under
Section 46 of the DM Act
d to the Chief27.05.2020
ffi
morfdce0 reU2 2092dtdareTRaot p vd nrcco g
buPatnoSdnuFSERCPMceoSr'ten c.tvler mP
29.05.2020
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11
Authority under the ambitofSection 2(h) of the RTt
2005
30.o5.2020
extended the lockdown in containment zones upto
30.06.2020 and in areas outside containment zones,
prohibited activities are being allowed to open in a phased
manner.
MHA, vide order and guidelines dated 30.05.2020
o 0 26 002 The instant writ petiti re this Hon'ble Court.on is filed befo

I
IN THE SUPREME COURT OF INDIA
(crvrL oRtctNAL JURtSDtCTtON)
wRlT PETtTtON (CtvtL) NO. oF 2020
(PUBLtC TNTEREST LITtGATtON)
IN THE MATTER OF:
CENTRE FOR PUBLIC INTEREST LITIGATION
THROUGH ITS GENERAL SECRETARY
43, LAWYERS CHAMBER
SUPRET4E COURT OF INDIA
NEW DELHI-110 OO1
E-MAIL: KAMI N I.JAISWAL@GMAtL.Cotvt
IVIOBILE NO:9810238874 ..PET|T|ONER
VERSUS
UNION OF INDIA
THROUGH ITS SECRETARY
MINISTRY OF HOIUE AFFAIRS
NORTH BLOCK, CENTRAL SECRETARIAT
NEW DELHI, 11OOO1 ... RESPONDENT
WRIT PETITION IN PUBLIC INTEREST UNDER ARTICLE 32 OF
THE CONSTITUTION OF INDIA FOR ENFORCEMENT OF
FUNDAMENTAL RIGHTSUNDER ARTICLE 14, 19 & 21 SEEKING
DIRECTIONS TO THE UNION OF INDIA TO PREPARE, NOTIFY
AND IMPLEMENT A NATIONAL PLAN UNDER SECTION 11 READ
WITH SECTION 1O OF THE DISASTER MANAGEMENT, ACT 2OO5
TO DEAL WITH THE CURRENT PANDEMIC AND TO LAY DOWN
MINIMUM STANDARDS OF RELIEF, UDER SECTION 12 O THE
DISASTER MANAGEMENT, ACT 2005, TO BE PROVIDED TO
PERSONS AFFECTED BY THE COVID-19 VIRUS AS WELL AS BY
THE RESULTANT NATIONAL LOCKDOWN, FURTHER, CENTRE
MAY BE DIRECTED TO UTILIZE NDRF TO FIGHT THE ONGOING
COVID-19 PANDEMIC AS PER SECTION 46 OF THE DM ACT; ALL
CONTRIBUTIONS/GRANTS FROM INDIVIDUALS AND
INSTITUTIONS SHALL BE CREDITED TO THE NDRF AS PER
sEcTroN 46(1)(b) OF THE DM ACT AND ALL THE FUND
COLLECTED IN THE PM CARES FUND TILL DATE MAY BE
DIRECTED TO BE TRANSFERRED TO THE NDRF.

7TO,
THEHON'BLECHIEFJUSTICEOFINDIAANDHISCOIUPANION
JUDGES OF THE HON'BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF THE
PETITIONER ABOVE-NAIVIED
MOST RESPECTFULLYSHOWETH
l.Thattheinstantwritpetitioninpublicinterestisbeingfiledunder
Article32oftheConstitutionoflndiainthewakeoftheCoVlD-19
pandemic for the enforcement of fundamental rights of the citizens as
enshrined under Articles 14, 19 and 21 0f the constitution of India
seeking directions to the Union of lndia to prepare, notify and
implement a National Plan under Section 11 read with Section 10 of
the Disaster Management Act, 2005 to deal with the current
pandemicandtolaydownminimumstandardsofrelief,under
Section 12 of the Disaster [Vlanagement Act, 2005, to be provided to
persons affected by the coVlD-19 virus, as well as by the resultant
national lockdown. Further, Centre may be directed to utilize NDRF
for the purpose of providing assistance in the fight against COVID-19
pandemic in compliance with Section 46 of the DIt/l Act, all the
contributions/grants from individuals and institutions shall be credited
to the NDRF in terms of Section 46(1)(b) rather than to PM CARES
Fund and all the fund collected in the PM CARES Fund till date may
be directed to be transferred to the NDRF.

3INTRODUCTION OF THE PETITIONER
1A The petitioner Organization does not have an Aadhar Number
and does not have any income. PAN Card No. of petitioner
Organization is 4,,A4TT9641 G
The Petitioner herein has no personal interest, or private/oblique
motive in filing the instant petition. There is no civil, criminal,
revenue or any litigation involving the Petitioner, which has or could
have a legal nexus with the issues involved in the PIL
The Petitioner herein has not sent any representation to the
Respondents herein
That the instant writ petition is based on the information and/or
documents which are in public domain
2. That the Centre, vide Order and Guidelines dated 30.05.2020, has
extended the lockdown in containment zones upto 30.06 2020 and in
areas outside containment zones, prohibited activities are being
allowed to open in a phased manner. lt is pertinent to mention herein
that the initial National Lockdown has been extended on 14.04.2020,
01 05.2020 and 17 05 2020 with variance in the measures each time
A copy of the Order and Guidelines, dated 30.05.2020, issued by the
Ministry of Home Affairs of the Government of lndia is annexed
hereto and marked as ANNEXURE P-1(Pg. 4s,5L
THE CASE IN BRIEF:

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3.Thaton24.O3.2O20,theCentreimposedaNationalLockdownwitha
mere 4-hours notice which resulted in huge chaos amongst thepoor
public& small businesses in general and migrant labourers in
particular. The migrant labourers were left to fend for themselves
after being suddenly rendered without any work and pay Their heart-
wrenching distress is a continuing phenomenon, with lakhs of
migrantlabourersstillontheirwaybacktotheirhomestateswith
negligible help from Centre and states'
4. Since the issuance of the first lockdown by the Centre on
24.03.2020, there have been thousands of orders, rules and
guidelines from the centre and states and because of the utter lack
of coordination between the said entities, publicare the
ultimatesufferers. while the coVlD-19 pandemic is undeniably an
unpredictable catastrophe that has wreaked havoc across the world,
it is submitted that the centre's handling of the situation has raised
numerous issues of deep concern. The Petitioner herein submits that
the Central Government has been ignoring various important
provisions of the Disaster management Act, 2005. lt is pertinent to
note that the said Act is the parent and guiding statute under which
various orders and guidelines are being issued by the Central
Government during the instant pandemic.

55. That the first lockdown was lmposed by the Central Government on
24.03.2020 without any consultation with the State Governments and
that too with a 4-hours notice. Till date, no explanation has been
given by the Central Government as to why the said lockdown was
required to be imposed across the country rn a sudden, unprepared
and unilateral manner. The issue is of concern because that has
resulted in a chain of sufferings across different sections of citizens
The migrant labourers have been particularly undergoing a traumatic
experience because of the utter lack of coordination among the
Centre and the States. lt is pertinent to mention herein that while
imposing the first national lockdown, the Centre Government
absolutely ignored the possible effect of the lockdown on this section
of the society. Even thereafter, amid numerous media reportage
about their sufferings, there was no concrete plan to resolve the
issue of migrant labourers and lakhs of migrant labourers continued
to walk on roads for thousands of kilometers in order to go back to
their home states. with many dying on their way
6. That it was only on 29.04.2020 that the Central Government allowed
the movement of migrant workers, pilgrims, tourists, students and
and the opening of Shramik Special trains (numerous reports have
come of no food and water being provided in the trains leading to
dead bodies of some migrant labourers reaching the destination
other persons who were stranded at different places. Even after that

b
stations), the sufferings of migrant labourers have not ceased till date
and oneof the main reasons for it is the utter lack of coordination
between the Centre and the states, besides Centre's sheer lack of
empathy for this section of society The migrant issue'as well as
imminent concerns of other vulnerable sections of the society'isbeing
tackledpurelyonanadhocbasisandwithknee-jerkreactions.While
the issuance of ad hoc and emergent orders are understandable
owing to the largely unpredictable crisis being faced by the entire
world, however, atleast now, i.e. after passing of more than two
monthssincetheissuanceofthefirstnationallockdown'thereneeds
tobeinplaceabroaderandwellthoughtoutNationalPlanoutlining
inter alia a detailed coordination mechanism between centre and
states.ThesaidNationalPlanneedstobepreparedafterdue
consultation with the State Governments and experts'
7. lt is submitted by the Petitioner herein that there is no specific
National Plan in place to deal with the problems & issues arising out
of the current pandemicand no Guidelines have been set out
recommending the minimum standards of relief to be provided to the
persons affected by the ongoing pandemic and the resultant
lockdown. Further, National Disaster Response Fund is not being
utilized for providing necessary assistance in the ongoing COVID-19
pandemic.

q
REQUIREMENT OF A NATIONAL PLAN TO BE FRAMED UNDER
THE DISASTER MANAGEMENT ACT, 2OO5
8. That the latest National Plan uploaded on the website of National
Disaster lVlanagement Authority is of the year 201g and the same
doesn't deal comprehensively with situations arising out of the
current pandemic and has no mention of measures like lockdown,
National Plan which deals with 'Biological and Public Health
unduly harsh disruptions are being caused in enforcing the same. A
copy of relevant pages of the National Disaster Management Plan,
2019, a publication of the National Disaster [/anagement Authority,
Government of lndia., November 2019, New Delhi is annexed hereto
and marked as ANNEXURE P-2 (Pg. 53-e0 )
9. That the Central Government has notified COVID-19 as a "disastel',
bringing into play the provisions of the Disaster Management Act,
2005 (hereinafter referred to as the "DM Act") and has been issuing a
series of notifications to contain the instant pandemic under the
provisions of the DM Act. Section 2(l) of the Dtt/ Act defines a
"Natronal Plan" to mean a plan for disaster management for the
whole of the country prepared under Section 11. Section 11 of the
DM Act makes it mandatory for a National Plan to be drawn up for

o
the disaster management for the whole of the country'section 'l 1 of
the Dtvl Act is provided hereinbelow:
n with the State Governments and expeft bodiesin consultatio
ororqanisations in the field of dlsaster manaqement to be
approved by the National Authority.
(3) The National Plan shall include-
(a) measures to be taken for the prevention of dlsasters' or the
mitigation of their effects;
(b) measures to be taken for the integration of mitigation
measures in the develoPment Plans;
(c) measure's fo be taken for preparedness and capacity
building to effectivety respond to any threatening dlsasler
sltuafions or dlsaster,
(d) roles and responsibilities of different Ministries or
Departments of the Government of lndia in respect of measures
splcified in clauses (a), (b) and (c).
(4) The National Plan shall be reviewed and updated annuallv'
(5) Appropriate provisio ns sha// be made bv the Central
Government for financinq the measures to be carried out under
the National Plan
(6) Copies of the National Plan referred to ln sub-sections (2)
and (4) shalt be made available to the Ministries or
Depaftments of the Government of lndia and such Ministries or
Departments shall draw up their own plans in accordance with
the National Plan."
"11. National Plan.-(l) There shatl be drawn up a plan for
dlsaster management for the whole of the country to be called
the NationalPlan.
(2) The National Plan shall be prepared bv the National
Executive Committee having regard to the National Policy and

[emphasis supplied]
"6 Powers and functions of National Authority.-(1) Subject
to the provisions of this Act, the National Authority shall have
the responsibility for laying down the policies, plans and
guidelines for disaster management for ensuring timely and
effective response to disaster.
(2) Without prejudice to generality of the provisions contained
in sub-section (1), the National Authoritv may
-
(a) lay down policies on disaster management;
(b) approve the National Plan;
(c) approve plans prepared bv the Ministries or
Deparlments of the Government of lndia in accordance
with the NationalPlan
(d) lay down guidelines fo be followed by the State
Authorities in drawing up the State Plan;
(e) lay down guidelines to be followed by the different
Ministries or Depaftments of the Government of lndia for
1
10. That the National Authority, which consists of a maximum of g
members with the Hon'ble Prime Minister of lndia as its ex offrcio
Chairperson, has the responsibility for laying down the policies, plans
and guidelines for disaster management for ensuring timely and
effective response to disaster. Under Section 6(2) of the DM Act,
2005, it has the power, inter alia, to approve the National plan and
thereafter to approve the plans prepared by the Ministries or
Departments of the Government of lndia in accordance with the
National Plan. Section 6 of the DM Act, 2005 is provided herein-
below:

o
the purpose of integrating the measures for prevention
of dlsaster or the mitigation of its effects in their
develoPment Plans and Proiects;
(f) coordinate the enforcement and implementation of
the poticy and plan for disaster management;
(g) recommend provision of funds for the purpose of
mitigation;
(h) provide such support to other countries affected by
maior disasters as rnay be determined by the Central
Government;
(i) take such other measures for the prevention of
dlsasfer, or the mitigation, or preparedness and capacity
building for dealing with the threatening dlsasfer
situation or dlsasfer as it may consider necessary;
0 lay down broad policies and guidelines for the
functioning of the National lnstitute of Drsaster
Management.
(3) The Chairperson of the National Authority shall' in lhe case
of emergency, have power to exercise all or any of the powers
of the National Authority but exercise of such powers shall be
subject to ex post facto ratification by the National Authority "
[emphasis supplied]
11. That there is a National Executive committee which assists the
National Authority in discharge of its functions and has the
responsibility for implementing the policies and plans of the National
Authority and ensure the compliance of directions issued by the
Central Government for the purpose of disaster management in the
country. Under Section 10(2) of the DM Act, 2005, the National

t,Executive Committee has the responsibility to prepare a National
Plan and to monitor its implementation. lt is to be noted that under
Section 11(2), a National Plan is mandatorily required to be prepared
by the National Executive Committee having regard to the National
Policy and in consultation with the State Governments and expert
bodies or organisations in the field of disaster management to be
approved by the National Authority. Section '10 of the DM Act is
provided herein-below:
"10. Powers and functions of National Executive Committee.-
(1) The National Executive Committee sha// asslst fhe
National Authority in the discharge of its functions and have
the responsibilitv for implementinq the p olicies and plans of
the National Authoritv and ensure the co m pl i a nce of d i rection s
issued by the Central Government for the purpose of disaster
management in the country.
(2) Without prejudice to the generality of the provisions
contained in sub-section (1), the National Executive
Committee ma
(a) act as fhe coordinating and monitoring body for disaster
management;
(b) DreDare the National Plan to be approved bv the National
Authoritv,
(c) coordinate and monitor the implementation of the National
Policy,
(d) lay down guidelines for preparing disaster management
plans by different Ministries or Departments of the
Government of lndia and the State Authorities;
(e) provide necessary technical assisfance to fhe State
Governments and the State Authorities for preparing their

L
dlsasfer management plans in accordance with the guidelines
laid down by the National Authority;
(fl monitor the implementation of the National Plan and the
ared bv the Ministries or Depaftments of theplans pre
Governme nt of lndia
(g) monitor the implementation of the guidelines laid down by
the National Authority for integrating of measures for
prevention of dlsasters and mitigation by the Ministries or
Departments in their development plans and proiects;
(h) monitor, coordinate and give directions regarding the
mitigation and preparedness measures to be taken by
different Ministries or Departments and agencies of the
Government;
(i) evatuate the preparedness at all governmental levels for
the purpose of responding to any threatening dlsaster
situation or disaster and give directions, where necessary, for
e nh a nci ng su ch Pre Paredness;
fi plan and coordinate specialised training programme for
disaster management for different levels of officers,
employees and voluntary rescue workers;
(k) coordinate response in the event of any threatening
disaster slfuation or disaster;
(l) lay down guidetines for, or give directions to, the concerned
Ministries or Depaftments of the Government of lndia, the
Sfate Governments and the State Authorities regarding
measures to be taken by them in response to any threatening
disaster slfuation or disaster;
(m) require any department or agency of the Government to
make available to the National Authority or State Authorities
such men or material resources as are available with it for the
purposes of emergency response, rescue and relief;

t3
(n) advise, assrst and coordinate the activities of the Ministries
or Deparlments of the Government of lndia, State Authorities,
statutory bodies, other governmental or non-governmental
organisations and others engaged in disaster management;
(o) provide necessary technical assistance or give advice to
the State Authorities and District Authorities for carrying out
their functions under this Act:
(p) promote general education and awareness in relation to
disaster management; and
(q) peiorm such other functions as the National Authority may
require it to perlorm
12. That under the DM Act, 2005, there shall also be State Plans
(Section 23) and District Plans (Section 31) for States and districts
respectively. Under Section 22, lhe State Executive Committees
shall have the responsibility for implementing the National Plan and
State Plans and act as the coordinating and monitoring bodies for
District Authorities are required to coordinate and monitor the
implementation of the National Policy, State Policy, National Plan,
State Plan and District Plan. lt is pertinent to mention herein that
under Section 31(2), the District Plans are required to be prepared by
the District Authorities having due regard to the National Plan and
the State Plans. Further. under Section 3t every Ministry or
Department of the Government of lndia is mandatorily require to
management of disaster in the States. Further, under Section 30, the
prepare a disaster management plan specifying the measures to be

li
taken by it for prevention and mitigation of disasters in accordance
with the National Plan
13. That even though vide the notification dated 30 05 2020,
lockdown has been extended only in the containment zones and
prohibited activities are to being allowed to open in a phased
manner,thefactofthematteristhatasofdatethenumberof
covlD-19 infections across the country has crossed 2 lakhs and
number of COVID-19 deaths has crossed over 5,800 |n almost
every possibility, the COVID-19 infection is here to stay for months
and may be even for years to come. By the time vaccine is
developed (which experts say is atleast 9-1 2 months away) or herd
immunity is achieved (which is achieved when around 50-60% of the
populations is infected) there needs to be a well drawn-out National
Plan to deal with the instant pandemic and the same needs to be
prepared after due consultation with the State Governments and
experts in accordance with Section 11 of the DM Act. The gradual
opening up of the lockdown is keeping in mind the economic
concerns and the rising loss of livelihoods across the country. That
by no means is an indication that the threat of the instant pandemic
has faded in any manner whatsoever.
'14. That the ongoing chaos amongst the migrant labourers would
have been averted if a buffer time had been given to them as well as

'Sto other stranded people to go back to their homes. Such a buffer
time was given in most of the other countries. Had they been allowed
to travel before the lockdown was imposed, the risk of carrying
COVID-19 infections would have been lowered to a high degree. But
all this was not done and the national lockdown was imposed with a
4-hours notice without duly consulting all the state governments.
15. That there have been various evidences that whlle taking
various critical measures the central Government ignored the advice
of experts.The Print, in its article dated 28.05.2020, tifled ,,Expefts
are leading Covid fight globally. But not in tndia, the bureaucrats
won't allow il' reported lhal. "similarly, with Covid, public heatth
expefts have lamented to us their inability to be heard during this
moment of crlsis, especially when the current phase of managing the
virus requires c/assic epidemiology - policies catering to specific
locations and populations. /t is not only public heatth
expefts, even civil sociefy's input is not valued. A senior bureaucrat
reportedly told a gathering of experts not to share heatth data with
NGOs, presumably because NGOs have vested interests." As per a
report, dated 24.04.2020, titled "Frustration ln National Covid-19
Task Force", published by Article 14 (whose advisory board includes
Supreme Court Justice (Retd) tr/adan B. Lokur, DHC Chief Justice
(Retd) A.P. Shah, among others), the Central Government delayed
acting on the warnings from its scientists to begin preparation for a

lb
coming Covid-19 pandemic. lt has been reported that: "Our review of
therecordsofthatmeetingrevealhow,havingimposedan
unplanned lockdown, the government was not prepared even with
testing protocols to track down those infected with the Coronavirus'
which causes covid-19. Confusion apparently prevailed, and experts
expressgd their frustration at the lack of action' despife prior advice'"
A copy of the report, daled 24.O4'2020, titled "Frustration ln National
Covid-19 Task Force", published by Article 14' is annexed hereto
and marked as ANNEXURE P-3 (Ps. tel'lO I
l6. That in its report, dated23.04'2020, titled "Govt Knew Lockdown
Would Detay, Not Control Pandemic", published by Article l4' it has
been reported that according to ICMR's assessment' without a
lockdown, daily infections would peak between 100-150 days from
the first reported infection and with a lockdown' the peak would come
within'150-200days.lthasbeenfurtherreportedlhal'""TheCMR
scienflsts recommended controlling virus transmission by ,,a
community-based test-and-quarantin e strategy"' They recomme n ded
quarantine for every second symptomatic person within 48 hours and
forthreeofeveryfoursymptomaticpersons,withinfourdaysof
showing symptoms. So far, the government had only attempted to
quarantine those who tested posltive for Covid-l9 or those who
voluntarily reached hospitals with the symptoms' The ICMR
sclentlstsWererecommendinglarge-scalesurveillanceand

,+
increased testing through a door-to-door campaign and quarantine
for all those found symptomatic". A report, dated 23.04.2020, titled
"Govt Knew Lockdown Would Delay, Not Control Pandemic",
published by Article 14, is annexed hereto and marked as
ANNExURE P-4 (Ps. a
17. That prominent lndian experts in the field of epidemiology and
public health have severely criticized the Central Government's
handling of the COVID-19 crisls in their joint statement submitted to
the Hon'ble Prime Minister on 25.05.2020. They have also given
various significant recommendations. The signatories of the joint
statement include former advisors to the health ministry, current and
former professors at the All lndia lnstitute for Medical Sciences,
Benaras Hindu University, Jawaharlal Nehru University,
Postgraduate lnstitute of lVledical Education and Research, among
others. All the said signatories are members of the lndian Public
Health Associatlon (IPHA), the lndian Association of Preventive and
Social Medicine (lAPSlU) and the lndian Association of
Epidemiologists (lAE) and are part of the Joint COVID-19 Task Force
to help the Government of lndia for containment of COVID-19
pandemicin the country One of the signatories is Dr DCS Reddy,
former professor at lnstitute of Medical Sciences at BHU, who was
appointed as the head of the research group on epidemiology and
surveillance constituted by the lndian government's National Task

)0
Force for covid-19 0n 06.04.2020. Another member of the research
group, Dr Shashi Kant, professor and head of the Centre for
Community Medicine at AllMS, New Delhi, is also a signatory of the
saidjointstatement.Acopyofthe..SecondJointStatementon
CoVtD.lgPandemicintndia_PubticHeatthApproachforCoVlDl9
Control',dated25.05.2020,issuedbytheJointCOV|D-19Task
Force is annexed hereto and marked as ANNEXURE P-5 (Pg'
tot.lDl )
1g. ln the joint statement of the experts referred to hereinabove,
arguing that the draconian lockdown imposed by the Centre is
presumably in response to a modeling exercise from an influential
institution which was a .worst-case simulation,, the experts have
stated that subsequent events have proved that the predictions of
this model were way off the mark. The experts have significantly
stated that "Had the Government of lndia consulted e idemioloqists
who had better qras? of disease transmrssion dy namics compared to
bureaucrats. The enqaqemen t with experl technocrats in the areas of
modelers, it would have perhaps been better served " Adding further,
thejointstatementgoesontostateslhal.,.Fromthelimited
information avaitable in the pubtic domain, it seems that the
government was primarily advised by clinicians and academic
epidemiotogists with timited field training and skills. Policy makers
apparently relied overwhetmingty on general administrative

tq
epidemioloqv, public health. preventive medicine and social
sclenflsls was limited.lndia is pavinq a heavv price both in terms of
humanitarian crisis and drsease spread. The incoherent and often
rapidlv shiftinq slraleqies and policies especiallv at the national level
are more a reflection of "aftefthouqht" and "catchinq up"
BlEOaUeAalt on part of the policv makers rather than a well thouqht
coqent strateqv with an epidemioloqic basrs." [emphasis supplied] ln
light of this, it is submitted by the Petitioner herein that the Centre
needs to urgentlyprepare a National Plan in consultation with top
experts in the field of epidemiology and public health having field
19. That there needs to be in place a National Plan which would
provide proper and detailed mechanism for any future lockdown
measures, detailed coordination mechanism between Centre and
States, social distancing norms keeping in mind the predicaments of
the lower strata of the society, least disruption of public transports
and essential activities, large scale ramping up of quarantine facilities
along with rapid manufacturing of testing and PPE kits and all this
needs to be done transParentlY.
GUIDELINES FOR MINIMUM STANDARD OF RELIEF FOR
PERSONS AFFECTED BY COVID-lg AND THE RESULTANT
LOCKDOWN
training and skills, in compliance of Section 1 1 of the DM Act

1o
20. That in view of Section ,12 of the DIt/l Act, the Centre shall
recommend statutory guidelines specifying the minimum standards
of relief for persons affected by coVlD-19 and the resultant
lockdown measures. Section 12 of the DM Act is provided herein-
below:
"12. Guidetines for minimum standards of relief
-The
National
Auth oritv shall recommend quidelines for the minimum
standards of relief to be rovided to ersons affected b
disaster, which shall include,-
(i) the minimum requirements to be provided in the relief
camps in relation to shelter, food, drinking water, medical cover
and sanitation;
(ii) the special provisions to be made for widows and orphans;
(iii) ex grafra asslsfa nce on account of /oss of life as also
asslstance on account of damage fo houses and for restoration
of means of livelihood;
(iv) such other relief as may be necessary."
[emphasis supplied]
21 . That lakhs of destitute people have been moved in shelter
homes and relief camps as a result of loss of their livelihoods and
means of income. While few of the them have been doing well in
providing relief to the people sheltered therein, numerous reports
have been coming about the lack of hygiene and sanitation, non-
availability of edible food and clean drinking water in the shelter
homes and relief camps. lt is submitted by the Petrtioner herern that
the Centre should come up with detailed Guidelines recommending

elthe minimum requirements to be provided in the relief camps in
relation to shelter, food, drinking water, medical cover and sanitation,
in view of Section 12 (i) of the DtVl Act. lt is submitted that in
absence of such minimum requirements being meted out, these
shelter homes and relief camps are susceptible of becoming hotbeds
for the spread of COVID-19 infection.
22. That the Centre's 20 Lakhs Crores of economic stimulus is
case, the said package is dealing mostly with the medium and long
term concerns of farmers, poor and other marginal sections of the
society. There has been lack of short-term measures and guidelines
for providing immediate relief to the worst affected sections of
people lt is submitted by the Petitioner herein that Centre should
come up with detailed guidelines under Section 12 (ii) & (iii) of the
orphans and ex gratia assistance to be provided to the kith and kin of
those losing life not just because of COVID-19 infection but also as a
result of the harsh lockdown restrictions. Such guidelines need to be
accompanied with sufficient funds and monetary relief coming from
the Centre. lt is pertinent to mention herein that numerous migrant
labourers have died on their ways back to their homes because of
hunger and sheer lack of assistance provided by Centre and States.
lVlost of those who have died were the earning members of their
mostly counting on the old (i.e. pre- COVID-19) schemes. ln any
DM Act recommending special provisions to be made for widows and

a,respective families and with them dead their whole families are likely v
to enter destituteness. Further, crores of migrant labourers have lost
their livelihoods, source of income and have been left with no
backup. The lndian agricultural sector has also been severely hit
depriving it of buyers and migrant labourers. Thus, while the
economy is being opened in a staggered manner and means of
livelihood of the marginal farmers, street vendors, migrant labourers
may eventually be restored to some extent, it is going to take a long
time and till then, it is submitted, there should be immediate cash
outlay for them. A copy of the report, dated 15.05.2020, titled "How
much wilt Sitharaman's Plan for Migrant Workers and Farmers Really
Help", published by The Wire is annexed hereto and marked as
ANNEXURE P-6 (Pg.
23. That poor healthcare system has been an issue of concern tn
lndia since long with only a marginal share of GDP being spent on
healthcare. As a result of it, not just the marginal sections of the
society but also the doctors and hospital staff are bearing the brunt of
the current COVID-19 pandemic, with reports coming of lack of PPE
kits to doctors, nurses and hospital staff putting them under high
risks. There have been reports about hospital staff being forced to
work in hazardous circumstances without adequate PPE kits.
Although now, funding (though not sufficient) is being done in order
to ramp up the facilities and manufacturing of the PPE kits, still there
lB.ll5 I

13
GRANTS BY INDIVIDUALS AND INSTITUTIONS SHALL BE
CREDITED INTO THE NATIONAL DISASTER RESPONSE FUND
(NDRF) UNDER SECTION46 OF THE DM ACT AND NDRF
SHALL BE UTILIZED FOR MEETING THE ONGOING COVID-19
CRISIS INSTEAD OF PM-CARES FUND
24. That Section 46 of the DIr/ Act provides for a National Disaster
Response Fund as follows
"46. National Disasfer Response Fund.-(1) The Centrat
Government may, by notification in the Officiat Gazette,
constitute a fund to be called the Nationat Disasler
Response Fund for meeting any threatening disaster
situation or disaster and there shall be credited thereto-
(a) an amount which the Central Government may, after due
appropriation made by Parliament by law in this behalf
provide;
(b) anv qrants that ma V be made bv anv person or institution
for the purpose of disaster manaqement.
(2) The National Disaster Res nse Fund shall be made
available to the National Executive Committee to be applied
are no specific Guidelines dealing with such grievances and
specifying the minimum standards of facilities to be provided to
doctors, nurses and other hospital staff. While there is ',Novel
coronavirus Dlsease 2019 (covtD 19): Guidelines on rational use of
Personal Protective Equipment' in place issued by the Ministry of
Health and Family Welfare, it is submitted that the same doesn,t deal
with the concerns referred to hereinabove.

a.+
towards meetin the ex enses for A fiAft enc onseres
relief and rehabilitation in accordance with the qu idelines laid
down bv the Central Government in consulta tion with the
National Authoritv." [emphasis suPPlied]
25.ThatSection48(1)(a)providesthattheStateGovernmentsshall'
immediatelyafternotificationsissuedforconstitutingtheState
Authority and the District Authorities, establish for the purposes of
thisActafundtobecalledtheStateDisasterResponseFund,
26,ThattheGovernmentoflndia(hereinafterreferredtoas..Gol,,)
notified lhe constitution of the National Disaster Response Fund vide
a Gazette Notification dated 28.09.20'10. Further, keeping in view of
the provisions of DM Act and the recommendations of 13th Finance
Commission,Golalsoframedguidelinesforadministrationof
National Disaster Response Fund (NDRF) at the National Level and
for State Disaster Response Fund (SDRF) at the State level' A copy
of the office Memorandum, dated 28.10.2010 issued by the tIinistry
ofHomeAffairs(DisasterManagementDivision),alongwithGazette
NotificationandGuidelinesforadministrationofNDRFandSDRFis
annexed hereto and marked as ANNEXURE P-7 (PS'
e

as' 27 - That a revrsed rist of items & norms of assistance from SDRF/
NDRF was issued in pursuance to tVIHA's letter dated 0g.04.20.1 5. A
copy of the revised list of items & norms of assistance from SDRF/
NDRF issued in pursuance to IMHA's letter dated 0g.04.2015 is
annexed hereto and marked as ANNEXURE p-g (pS.
28. That vide Office tVemorandum, dated 30.07 20.15, issued by the
Ministry of Home Affairs (Disaster [Vlanagement Division), Guidelines
were framed and notified on constitution and Administration of the
SDRF and NDRF based on the recommendations of the 14th Finance
Commission. Para 3(r) of the Guidelines on Constitution and
Administration of the SDRF is provided herein-below:
"Calamities covered under the SDRF
3 (i) The SDRF sha// be used only for meeting the expenditure
for providing immediate relief to the victims of cyclone,
drought, eafthquake, fire, flood, tsunami, . hailstorm,
landslide, avalanche, cloud burst, pest attack and frost & cotd
wave."
Paras 2.1, 3.1, 4.1, 13 1, 14 1, 14 2 and 15 1 Operational Guidelines
for Constitution and Administration of the NDRF is provided herein-
below
"Period of operation
2.1 The guidelines shall come into force with effect from the
financialyear 2015-11 after notification of NDRF and wilt
continue till further orders.
Calamities covered under NDRF
-13!:,3Lr

eb
3.1 Natural calamities of cyclone, drought, eafthquake' fire'
flood, tsunami, hailstorm, tandslide, avalanche, cloud burst' pest
attackand cold wave & frost considered to be of severe nature
by Government of tndia and requiringexpenditure by a State
Government in excess of the balances available ln itsown State
Disaster Response Fund (SDRF), witl qualify for immediate
reliefasslslan ce from NDRF.
N ation al Dlsaster Re sPon se F u nd
4.1 NDRF witl be operated by the Government of lndia for the
purpose of providing immediate relief to people affected by the
above mentionedcalamities which are assessed as being of
'severe nature', following theprocedure described in para 7 of
theseguidelines.NDRFlsc/asslfledinthePublicAccountinthe
sub-section (b) 'Reserve Funds not bearing lnterest' ofthe
Government of lndia under the maior head 8235- 'General and
otherReserve Funds' - 1 1 9- National Disaster Response Fund''
Unspent balance in NDRF
13.1 Government of lndia will communicate the modalities for
handlingany balances available at the end of 2019-20 in NDRF'
Accounts and Audit
14.1 The detailed accounts of NDRF shall be maintained by
thecontrotter General of Accounts through the chief controller
of Accounts, Ministry of Finance.
142 The accounts of the NDRF shall be audited annually
byComptroller & Auditor General. The State Government shall
furnish a copyof the audit Report of CAG to Ministry of Finance
and Ministry of HomeAffairs.
Saving
15.1 The Ministry of Home Affairs with the concurrence of
Ministry ofFinance may amend these guidelines, ln such manner
as may be required tofacilitate smooth operation of immediate
relief effotls."
A copy of the Office Memorandum, dated 30.07.2015' issued by the
Ministry of Home Affairs (Disaster tt/lanagement Division) along with

a?
the Guidelines framed and notified on Constitution and Administration
of the SDRF and NDRF is annexed hereto and marked as
29. That vide the letter, dated 14.03.2020, addressed to the Chief
Secretaries of all States by the Ministry of Home Affairs (Disaster
Management Division), the Central Government, keeping in view the
spread of COVID-19 Virus in lndia and the declaration of COVID-19
as pandemic by the WHO, by way of a special one{ime
dispensation, decided to treat it as a notified disaster for the purpose
of providing assistance under SDRF. A list of items and norms of
assistance for containment of COVID-19 Virus in lndia, eligible from
SDRF was annexed to the said letter. lt is submitted by the Petitioner
herein that the Central Government could have, and should have,
included NDRF too (apart from SDRF) for the purpose of providing
assistance in the fight against the COVID-19 virus which was
decided to be treated as a notified disaster. However, the Central
Government chose not to do it so for reasons best known to it The
Petitioner herein humbly submits that the same was apparently done
by the central Government for the purpose of enabling it to create
the PM-CARES Fund (without mandatory CAG audit and public
oversight) later on. A copy of the letter, dated 14.03.2020, addressed
to the chief Secretaries of all states by the Ministry of Home Affairs
ANNExuRE P-e (Ps. 192- lSiS l.

18(Disaster tVlanagement Division) is annexed hereto and marked as
ANNExuRE P-10 (Ps.l59 I
30. That vide letter dated 03.04.2020, addressed to the Chief
Secretaries of all States by the l4inistry of Home Affairs (Disaster
Management Division), it was decided to recommend release of the
1't installment of Central share of SDRMF, in advance, for the
current finance year 2020-21 to all the State governments as per
details given at annexure attached with the said letter and further, the
Department of Expenditure was requested to release the said
installment of current financial year 2020-21 in advance to all the
State governments. A copy of the letter, dated 03 04 2020,
addressed to the Chief Secretaries of all States by the Ministry of
Home Affairs (Disaster Management Division), is annexed hereto
and marked as ANNEXURE P-11 (Pg. I 50- l6 I
31 . That in the last week of I'liay 2020 some states of the country
were attacked by locusts. That vide letter, dated 27.05.2020,
addressed to the Chief Secretaries of all States by the fi/inistry of
Home Affairs (Disaster lVlanagement Division), it was communicated
that 'locust control activities', during a notified calamity, has been
included in the list of eligible items & norms of assistance under
SDRF and NDRF. ln this regard a new entry was added after item
(13) under the revised list of item and norms. lt is submitted by the
Petitioner herein that 'locust control activities' was made eligible for

e1fund ing through SDRF and NDRF both, but COVID-19 crisis has
been unreasonably excluded from being funded through NDRF,
against the categorical statutory requirement under Section 46 of the
DttI Act. A copy of the letter, dated 27.05.2020, addressed to the
Chief Secretaries of all States by the Ministry of Home Affairs
(Disaster Management Division) is annexed hereto and marked as
ANNExuRE P-12 (Ps. lbL I
32. That meanwhile, on 28.03.2020, the GOI constituted PM's
Citizen Assistance and Relief in Emergency Situations (PIU-CARES)
Fund as a public charitable trustwith the primary objective of dealing
with any kind of emergency or distress situation, like posed by the
COVID-19 pandemic, and to provide relief to the affected. lt is
pertinent to mention herein that the Hon'ble Prime lVlinister is the ex-
officio Chairman of the PM CARES Fund and ltlinister of Defence,
Minister of Home Affairs and Minister of Finance, Government of
lndra are ex-officio Trustees of the Fund. lt is to ne noted that
donations to PM CARES Fund qualify for 80G benefits for 100%
exemption under the lncome Tax Act, 1961 and such donations also
qualify to be counted as CSR expenditure under the Companies Act,
20'13. A copy of the details of PM CARES Fund as provided in its
official website is annexed hereto and marked as ANNEXURE P-13
(Ps. rb .16

3o
33.ThateventhoughthereisaprovisionforNationalDisaster
ResponseFund(NDRF)underSection46oftheDtVlAct'2005'the
central .Government has come up with a Ptvl-cARES Fund. All the
contribution being made by individuals and institutions in relation to
CoVID-lgcrisisarebeingcreditedintothePtvlCARESFundand
not to the NDRF, in clear violation of section 46 0f the DM Act.lt is
highlypertinenttomentionhereinthatwhereastheNDRFissubject
to CAG audit and RTI Act 2005, the PM-CARES Fund is not subject
to CAG audit and according to a recent RTI reply, dated
2}.O5.2O2O,PM-CARESFunddoesn'tcomeundertheRTlAct,2005
either' As per the said RT| reply received from Prime Minister,s
office, PM CARES Fund is not a Public Authority under the ambit of
Section 2(h) of the RTI Act, 2005. lt is to be noted that Centre has
been refraining from divulging information about the specific
utilization of crores of rupees that have been contributed to the PM-
CARES Fund till date. lt is humbly submitted by the Petitioner herein
that the Centre may be directed to utilize NDRF for the purpose of
providing assistance in the fight against COVID-19 pandemic in
compliance with Section 46 of the DM Act, all the
contributions/grants from individuals and institutions shall be credited
to the NDRF in terms of Section 46(1)(b) rather than to PttI CARES
Fund and all the fund collected in the PlVl CARES Fund till date may
be directed to transferred to the NDRF. A copy of the RTI reply,

dated 29.05 2020, received from the PtvlO, is annexed hereto and
34. That the Petitioner herein has not filed any other petition seeking
the same relief before this Hon'ble Court or before any other court
A. Because the latest National Plan uploaded on the website of National
Disaster lVlanagement Authority is of the year 2019 and the same
doesn't deal comprehensively with situations arising out of the
current pandemic and has no mention of measures like lockdown,
National Plan which deals with 'Biological and Public Health
unduly harsh disruptions are being caused rn enforcing the same
B. Because the Section 11 of the DttI Act makes it mandatory for a
National Plan to be drawn up for disaster management for whole of
the country but currently, there is no such National Plan in place to
deal with the ongoing COVID-19 pandemic even though the same
has been notified as a 'disaster' and numerous notifications are
being issued to contain the same under the DM Act.
?t
marked as ANNEXUREP-14fpg 165-/66 I
GROUNDS

7L
c. Because under Section 10(2) of the Dltll Act, 2005, the National
Executive Committee has the responsibility to prepare a National
Planandtomonitoritsimplementation'ltistobenotedthatunder
Sectionll(2),aNationalPlanismandatorilyrequiredtobeprepared
by the National Executive committee having regard to the National
Policy and in consultation with the State Governments and expert
bodies or organisations in the field of disaster management to be
approved by the National Authority.
D. Because under the DM Act, 2005, there shall also be State Plans
(Section 23) and District Plans (section 31)for States and districts
respectively. Under Section 22, lhe state Executive committees
shall have the responsibility for implementing the National Plan and
state Plans and act as the coordinating and monitoring bodies for
management of disaster in the States Further, under Section 30, the
District Authorities are required to coordinate and monitor the
implementation of the National Policy, State Policy, National Plan,
state Plan and District Plan. lt is pertinent to mention herein that
under Section 31(2), the District Plans are required to be prepared by
the District Authorities having due regard to the National Plan and
the State Plans. Further, under Section 37, every Ministry or
Department of the Government of lndia is mandatorily require to
prepare a disaster management plan specifying the measures to be

73
taken by it for prevention and mitigation of disasters in accordance
with the National Plan
E. Because while the issuance of ad hoc and emergent orders are
understandable owing to the largely unpredictable crisis being faced
by the entire world, however, atleast now, i.e. after passing of more
than two months since the issuance of the first national lockdown,
there needs to be in place a broader and well thought out National
Plan outlining inter alia a detailed coordination mechanism between
Centre and states. The said National Plan needs to be prepared after
due consultation with the State Governments and experts.
F. Because by the time vaccine is developed (which experts say is
atleast 9-12 months away) or herd immunity is achieved (which is
achieved when around 50-60% of the populations is infected) there
needs to be a well drawn-out National Plan to deal with the instant
pandemic and the same needs to be prepared after due consultation
with the State Governments and experts in accordance with Section
1 1 of the DIV Act
G. Because there needs to be in place a National Plan which would
provide proper and detailed mechanism for any future lockdown
measures, detailed coordination mechanism between Centre and
States, social distancing norms keeping in mind the predicaments of
the lower strata of the society, least disruption of public transports

3tl
and essential activities, large scale ramping up of quarantine facilities
along with rapid manufacturing of testing and PPE kits and all this
needs to be done transParentlY
H'BecauseinthecaseofswarajAbhiyan(l)V/sl.)nionoflndia&ors.
tGO16) 7 SCC 498l, which dealt with the then prevailing drought
situationsinsomeoftheStates,videjudgmentdatedll.05.2016,
this Hon'ble Court observed and directed as follows:
"28. Section 11 of the DM Act provides for the drawing up of
a dlsaster management plan for the whole country to be
calted the National Plan. The National Plan is required to be
prepared by NEC and is expected to include measures to be
taken for the prevention of dlsasters or the mitigation of their
effects, measures to be taken for preparedness and capacity
buitding to effectively respond to any threatening dlsaster
situation or disaster.
33. We are quite surprised at beino informed bv the learned
Additional Solicitor General that a National Plan has not vet
been drawn up under section 11 of the DMAct for disaster
manaqement. Evidentl v, anticipatinq a disasfer such as a
and ad hoc mea sures and knee-ierk reactlons are the order
of the dav and will continue to be so until the Provisions of the
Disaster Manaoement Act are faithfull implemented. We areV
also quite surprised that the National Drsaster Mitigation Fund
has not yet been set up even after 10 years of the
enforcement of the DM Act. Rlsk assessment and risk
drouqht is not vet in the "thinos to do" list of the Union of lndia

3s
management also appear to have litile or no priority as far as
the Union of lndia and the State Governments are concerned.
90. ln liqht of this, the question that we had raised earlier
remains to be answered where does the buck stop? The
Dlsasler Manaqement Act, 2005 places considerable
responsibilitv on the Union of lnd,ia in matters peftaininq to
disasters This beqins with the formulation of a National Plan
The Union of lndia is expected to make available lls yasl
expeftise and database in leadino (and not merelv ouidinq)
the Sfale Governments in the riqht direction. The final
decision to declare a drought is of the State Government but
the resources available with the Union of lndia can be
effectively used to assrst fhe State Governments in having a
fresh look into the data and information and to arrive at the
correct decision in the interest of the affected people of the
Slate /l cannot totallv wash its hands off on lssues pertaininq
to Arlicle 21 of the Con stitution but at the same time, we do
nol suggest that the authority of the State Government to
declare a drought or any other similar power is dituted. Ihe
Union of lndia has cerlainlv to maintain a delicate and fine
balance between federalism and ils constitutional
responsibilitv, and that it must do. othervvise it is ultimatelv
the common person who will suffer and be rn dis/ress
because of a situation not of his or her makinq. "
94. We have been informed by the learned Additionat
Solicitor General that on its paft, the Government of lndia
does issue regular advisories fo fhe Sfafe Governments but
that they have to take the final decision in the declaration of a
drought Maybe the issuance of advisories is an adequate
response to an impendrng crlsls but maybe it is not. That is a

36
catl that the Government of lndia witl have to take' but
whatever view is taken by the Government of lndia' it must
appreciate that as far as a response to a dlsaster ls
concerned the approach of the lJnion of lndia should be
small-minded in ceftain respecfs but financially liberal lt is
true that provision for finances has been made in the National
Disasfer Response Fund' but whether that is adequate and
releases are timely is not an issue before us ln anv event' in
of the Dtsaster Mana qement AcL 2005
view of the Drovlslon s
the buck will eventuall v stop with the Governme nt of lndia
97.3 Sectlon 11 of the D isaster Man aqement Act. 2005
reouires the formulation of a National Plan relatinq to risk
ment, risk manaoement and crlsls manaqement in
assess
respect of a drsaster. Such a National Plan has not been
formulated over the last ten years, although a policy
document has been prepared. We can appreciate that the
formulation of a National Plan witl take some time but surely
i"n yeurs is far too long for such an exercise Accordinqlv.we
direct the Union of lndia to formulate a NationaI Plan in terms
of Section 1 1 of the Disaster Mana qement Act, 2005 at the
verv earliest and with immediate concern."
[emPhasis suPPlied]
l. Because in view of Section 12 of the DM Act, the Centre shall
recommend statutory Guidelines specifying the minimum standards
of relief for persons affected by COVID-19 and the resultant
lockdown measures.

3?J. Because Centre should come up with detailed Guidelines
recommending the minimum requirements to be provided in the relief
camps in relation to shelter, food, drinking water, medical cover and
sanitation, in view of Section 12 (i) of the DM Act. lt is submitted that
in absence of such minimum requirements being meted out, these
shelter homes and relief camps are susceptible of becoming hotbeds
for the spread of COVID-1 9 infection. Centre should come up with
detailed guidelines under Section 12 (ii) & (iii) of the DM Act
recommending special provisions to be made for widows and
orphans and ex gratia assistance to be provided to the kith and kin of
those losing life not just because of COVID-19 infection but also as a
result of the harsh lockdown restrictions. While the economy is being
opened in a staggered manner and means of livelihood of the
marginal farmers, street vendors, migrant labourers may eventually
be restored to some extent, it is going to take a long time and till
then, it is submitted by the Petitioner herein, there should be
immediate cash outlay for them.
K. Because Section 46 of the DlVl Act provides for a National Disaster
Response Fund as follows
"46. National Disaster Response Fund.-(l) The Centrat
Government may, by notification in the Officiat Gazette,
constitute a fund to be called the National Disaster
Response Fund for meeting any threatening disaster
situation or disaster and there shall be credited thereto-

38
(a) an amount which the Central Government may' after due
appropriation made by Parliament by law in this behalf
provide;
(b) anv orants that mav be madebV ANV person or institution
for the purpose of disaster manaqement
(2) The National Disaster Response Fund shall be made
the National Executive Committe eto be applied
available to
towards meetin the ex e nses for eme enc res onse
rehabilitatio n in accordance with thequidelines laid
relief and
v the Central Government ln consultatio n with the
down b
National A uthoritv." [emphasis suPPlied]
L. Because vide the letter, dated 14'03'2020, addressed to the Chief
Secretaries of all States by the Ministry of Home Affairs (Disaster
Management Division), the Central Government' keeping in view the
spreadofCoVlD-lgVirusinlndiaandthedeclarationofCoVlD-,19
as pandemic by the WHO, by way of a special one time
dispensation,decidedtotreatitasanotifieddisasterforthepurpose
of providing assistance under SDRF It is submitted by the Petitioner
herein that the Central Government could have' and should have'
included NDRF too (apart from SDRF) for the purpose of providing
assistance in the fight against the COVID-I9 virus which was
decidedtobetreatedasanotifieddisaster.However,theCentra|
Government chose not to do it so for reasons best known to it The
Petitioner herein humbly submits that the same was apparently done
by the Central Government for the purpose of enabling it to create

31the PM-CARES Fund (without mandatory CAG audit and pubtic
oversight) later on.
M.Because vide letter, dated 27.05.2020, addressed to the Chief
secretaries of all states by the Ministry of Home Affairs (Disaster
Management Division), it was communicated that ,locust control
activities', during a notified calamity, has been included in the list of
eligible items & norms of assistance under SDRF and NDRF. ln this
regard a new entry was added after item (13) under the revised list of
item and norms. lt is submitted by the petitioner herein that ,locust
control activities' was made eligible for funding through SDRF and
NDRF both, but COVID-19 crisis has been unreasonably excluded
from being funded through NDRF, against the categorical statutory
requirement under Section 46 of the DM Act.
N. Because even though there is a provision for National Disaster
Response Fund (NDRF) under Section 46 of the DM Act, 2005, the
Central Government has come up with a pM-CARES Fund. All the
contribution being made by individuals and institutions in relation to
COVID-19 crisis are being credited into the pM CARES Fund and
not to the NDRF, in clear violation of Section 46 of the DM Act. lt is
highly pertinent to mention herein that whereas the NDRF is subject
to CAG audit and RTI Act 2005, the ptvl-CARES Fund is not subject
to CAG audit and as a recent RTI reply, dated 29.05.2020, revealed
PM-CARES Fund doesn't come under the RTI Act, 2005 either. As

4o
per the said RTI reply received from Prime tVlinister's Office' PII
CARES Fund is not a Public Authority under the ambit of Section
2(h) of the RTI Act, 2005. lt is pertinent to mention herein that
Section 72 of lhe DM Act provides that the provisions of the DM Act'
shall have effect, notwithstanding anything inconsistent therewlth
contained in any other law for the time being in force or in any
instrument having effect by virtue of any law other than the DM Act'
O. Because Centre has been refraining from divulging information about
the specific utilization of crores of rupees that have been contributed
tothePM-CAREsFundtilldate.ltisasettled|awthatrightto
information is a facet of the right to freedom of speech and
expression under Article 19(1)(a) of the Constitution of lndia The
information asked for about the PM CARE Fund has been denied
citing it not to be a Public Authority under Section 2(h) of the RTI Act
2005.lnlightofthis,itissubmittedbythePetitionerhereinthat
centre may be directed to utilize NDRF for the purpose of providing
assistance in the fight against COVID-19 pandemic in compliance
with Section 46 of the DttI Act, all the contributions/grants from
individualsandinstitutionsshallbecreditedtotheNDRFintermsof
Section 46(1)(b) rather than to Ptvl CARES Fund and all the fund
collected in the PM CARES Fund till date may be directed to
transferred to the NDRF.

4P' Because there cannot be continuous arbitrariness in the decision
making process in dearing with the current covrD-1g pandemic and
resultantly puttrng a disproportionate burden on the poor and other
marginal sections of the society as the same is violative of Article 14
of the constitution of lndia. Thus, a National plan is required to be
prepared, notified and implemented under Section 11 read with
Section 10 of the Disaster Management Act, 2005 with due
Q. Because right to health is a fundamental right under Article 21 of the
constitution of lndia. while the acute and unforeseen challenge in
the face of the current covrD-19 pandemic is understandable, the
statutory provisions of the Disaster Management Act, 2005 (the
parent statute in fighting the instant crisis) are required to be followed
both in letter and spirit.
PRAYERS
ln view of the above facts and circumstances, it is most respectfuily
prayed that this Hon'ble Court may be pleased to:
a. lssue a writ, order or direction to the Union of lndia to
prepare, notify and implement a National plan under Section
11 read with Section 10 of the Disaster Management Act,
2005 to dealwith the ongoing COVID_19 pandemic;
I

4tb. lssue a writ, order or direction to the Union of lndia to lay
down minimum standards of relief, under Section 12 of the
Disaster Management Act, 2005, to be provided to persons
affected by the COVID-19 virus, as well as by the resultant
national lockdown;
c. lssue a writ, order or direction to the Union of lndia toutilize
NDRF for the purpose of providing assistance in the fight
against COVID-19 pandemic in compliance with Section 46 of
the DM Act, all the contributions/grants from individuals and
institutions shall be credited to the NDRF in terms of Section
46(1Xb) rather than to PM CARES Fund and all the fund
collected in the PM CARES Fund till date may be directed to
be transferred to the NDRF;
d.PasssuchotherorderasthisHon,bleCourtmaydeemfitand
proper in the facts and circumstances of the instant case'
PETITIONER THROUGH:
PRASHAN
COUNSEL FOR THE
DRAWN BY: NEHA RATHI & JATIN BHARDWAJ, AdVS
DRAWN AND FILED ON. 06.06.2020
NEW DELHI
Krulf,lr1,1
T BHUSHAN)
PETITIONER

Cpil vs uoi__dm_actndrfand_pm_cares_fund_

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