1) The writ petition seeks directions to the Union of India to prepare and implement a National Plan under the Disaster Management Act, 2005 to deal with the COVID-19 pandemic.
2) It argues that in the absence of a National Plan, harsh lockdown measures are being imposed without proper coordination between the Centre and States.
3) The petition also seeks a direction for all contributions related to COVID-19 relief to be credited to the National Disaster Response Fund instead of the PM CARES fund.
This document provides guidance for state and local governments to develop continuity of government (COG) capabilities to preserve essential functions during emergencies. It outlines seven elements for COG planning: succession, predelegation of emergency authorities, emergency operating centers, protection of vital records, and protection of personnel and facilities. The document is intended to help assess COG status and identify deficiencies to develop corrective plans. Addressing COG is important for maintaining civil government institutions and performing essential functions during emergencies.
Emmanuel Kasimbazi "Uganda Response" - Second GPN Global Webinar "COVID-19....GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Emmanuel Kasimbazi "Uganda response"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
Linda Yanti Sulistiawati "Covid19 response in Indonesia" - Second GPN Global...GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Linda Yanti Sulistiawati "Covid19 response in Indonesia"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
The document discusses the Philippines' ratification of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW). It summarizes key points of the CMW and outlines the Philippines' implementation efforts, including enacting national legislation protecting migrant workers, hosting international conferences on migration, and establishing bilateral agreements with destination countries. The main objectives of the Philippines' CMW implementation plan are also listed, focusing on information dissemination, advocacy for bilateral agreements, provision of assistance and remedies, social security, and protection measures.
Ittai Bar Siman Tov "Israeli Response" - Second GPN Global Webinar "COVID-19....GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Ittai Bar Siman Tov - "Israeli response"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
Matteo Gnes "Covid19 respone in Italy" - Second GPN Global Webinar "COVID-19...GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Matteo Gnes "Covid19 response in Italy"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
This document is the Disaster Prevention and Mitigation Act of Thailand from 2007. Some key points:
- It establishes a National Disaster Prevention and Mitigation Committee chaired by the Prime Minister to develop national disaster plans and integrate prevention efforts.
- The Department of Disaster Prevention and Mitigation is designated as the central government agency responsible for formulating national disaster plans, conducting research, and providing support to other agencies on prevention and mitigation.
- Provincial Disaster Prevention and Mitigation Centers are also established to assist with operations at the local level like training, assessments and emergency response.
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Anton Ming-Zhi Gao "Legal measures against covid 19 in Taiwan"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
This document provides guidance for state and local governments to develop continuity of government (COG) capabilities to preserve essential functions during emergencies. It outlines seven elements for COG planning: succession, predelegation of emergency authorities, emergency operating centers, protection of vital records, and protection of personnel and facilities. The document is intended to help assess COG status and identify deficiencies to develop corrective plans. Addressing COG is important for maintaining civil government institutions and performing essential functions during emergencies.
Emmanuel Kasimbazi "Uganda Response" - Second GPN Global Webinar "COVID-19....GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Emmanuel Kasimbazi "Uganda response"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
Linda Yanti Sulistiawati "Covid19 response in Indonesia" - Second GPN Global...GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Linda Yanti Sulistiawati "Covid19 response in Indonesia"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
The document discusses the Philippines' ratification of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW). It summarizes key points of the CMW and outlines the Philippines' implementation efforts, including enacting national legislation protecting migrant workers, hosting international conferences on migration, and establishing bilateral agreements with destination countries. The main objectives of the Philippines' CMW implementation plan are also listed, focusing on information dissemination, advocacy for bilateral agreements, provision of assistance and remedies, social security, and protection measures.
Ittai Bar Siman Tov "Israeli Response" - Second GPN Global Webinar "COVID-19....GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Ittai Bar Siman Tov - "Israeli response"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
Matteo Gnes "Covid19 respone in Italy" - Second GPN Global Webinar "COVID-19...GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Matteo Gnes "Covid19 response in Italy"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
This document is the Disaster Prevention and Mitigation Act of Thailand from 2007. Some key points:
- It establishes a National Disaster Prevention and Mitigation Committee chaired by the Prime Minister to develop national disaster plans and integrate prevention efforts.
- The Department of Disaster Prevention and Mitigation is designated as the central government agency responsible for formulating national disaster plans, conducting research, and providing support to other agencies on prevention and mitigation.
- Provincial Disaster Prevention and Mitigation Centers are also established to assist with operations at the local level like training, assessments and emergency response.
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Anton Ming-Zhi Gao "Legal measures against covid 19 in Taiwan"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
Uday Shankar "Indian response" - Second GPN Global Webinar "COVID-19. SUPERN...GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Uday Shankar "Indian response"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
Matteo Fermeglia and Steven Van Garsse "Covid19 response in Belgium" - Secon...GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Matteo Fermeglia and Professor Steven Van Garsse "Covid19 response in Belgium"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
Rapport minustah au conseil de securite mars 2013Stanley Lucas
The UN Secretary-General's report provides an overview of the political, security, humanitarian, and economic situation in Haiti, as well as activities of the UN Stabilization Mission in Haiti (MINUSTAH). It notes that the country faced challenges including civil unrest, a lack of political consensus, and damage from hurricanes. While security has remained relatively stable, crime increased. The humanitarian situation also deteriorated with many still displaced and food insecure. MINUSTAH supported the political process, prepared for elections, conducted security operations with the Haitian police, and aided recovery through infrastructure projects.
Cristina Fraenkel-Haeberle and Elena Buoso "German Response" -Second GPN Glob...GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Cristina Fraenkel-Haeberle and Professor Elena Buoso "German Response"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
This document discusses disaster management in India. It begins by outlining India's vulnerability to natural disasters and the large human and economic toll they often take. It then describes India's institutional and policy framework for disaster management, including the establishment of new authorities at the national, state, district, block and village levels to shift the focus from post-disaster response to also emphasize prevention, mitigation and preparedness. Key agencies coordinate response efforts, and funding mechanisms support relief activities.
The court document discusses the COVID-19 situation in Tamil Nadu and Puducherry. It notes the current number of infected patients and available hospital beds. It also addresses concerns around oxygen supplies, availability of Remdesivir drugs and vaccines. The court expresses hope that more details on drug and vaccine supplies will be provided to the state. It emphasizes the need for all parties to adhere to Election Commission guidelines during vote counting on May 2 to prevent further spread of the virus.
Undp country programme doc. 2016 2020-en copyAndrewCheatham7
This document provides a summary of the UNDP country programme for Iraq from 2016-2020. The key points are:
1) Iraq faces ongoing challenges of weak governance, instability, violence, and poor public services due to decades of conflict and a centralized government.
2) The UNDP programme will focus on institutional reform, devolving power to governorates, and stabilization in newly liberated areas to support a transition to a functioning democracy.
3) Activities will include supporting legal reforms, anti-corruption efforts, budget execution at provincial levels, and basic services for displaced communities to promote stability and recovery across Iraq.
Covid-19 - Une pandémie prévue et un crime contre l'humanitéGuy Boulianne
This document discusses concerns about the COVID-19 pandemic being planned rather than a natural occurrence. It references pandemic simulation exercises from 2016 that discussed coronaviruses. It also analyzes weekly COVID-19 reports from early 2020 and claims cases and deaths were misclassified and influenza disappeared due to changed diagnostic coding. The document questions the legitimacy of societal lockdowns and expresses doubts about intentions of those involved in pandemic responses.
Judgment: Fita vs the president of RSA and othersSABC News
South Africa, like the rest of the world, faces an unprecedented crisis following the
invasion of the COVID-19 virus, which poses a clear and present danger to human life.
Through the Disaster Management Act1
(“the Act”), the Government has imposed various
measures in an effort to combat the virus and contain its escalation. In particular, the
second respondent, the Minister of Cooperative Governance and Traditional Affairs (“the
Minister”) promulgated regulations pursuant to section 27(2) of the Act, which, amongst
others, prohibit the sale of tobacco products, e-cigarettes and related products as part of
the measures introduced to curb the escalation of the COVID-19 virus.
This document is a judgment from the High Court of South Africa regarding a case between the Fair-Trade Independent Tobacco Association (FITA) and the President and Minister of Cooperative Governance regarding regulations prohibiting the sale of tobacco products during COVID-19 lockdown levels. FITA argues the prohibition is irrational and not rationally related to curbing the spread of COVID-19. The court discusses the rule of law and rationality requirements for the exercise of public power by the executive. The judgment examines whether the tobacco sales prohibition is rationally related to the purpose of the regulations.
This document is a Freedom of Information Act (FOIA) request sent by the Natural Resources Defense Council (NRDC) to the Council on Environmental Quality. The request seeks records from January 20, 2001 to the date of the letter related to carbon dioxide emissions and power plants, whether carbon dioxide is a pollutant, and United States policy regarding the Kyoto Protocol. The request asks for the information to be provided at no cost since NRDC is a non-profit organization intending to make the information available to the public.
This document summarizes an order from the Supreme Court of India regarding its suo motu writ petition on the distribution of essential supplies and services during the COVID-19 pandemic. The order provides context on the case, outlines relevant sections of the Disaster Management Act of 2005, and discusses the Court's directions to the central and state governments to submit additional affidavits on issues like oxygen availability, medical infrastructure, vaccines, and essential drugs. The Court aims to facilitate dialogue between stakeholders within a human rights framework, while clarifying it does not intend to usurp executive/legislative roles.
ORC, DM act and DM mechanism in Odisha Pradeep Panda
The document discusses disaster management mechanisms in Odisha, India. It outlines that primary responsibility for disaster response lies with state governments, while the central government provides supplementary support. Key guiding documents include the Odisha Relief Code, Disaster Management Act of 2005, and various plans issued by authorities at national, state and district levels. Disaster management is implemented through authorities established at each level, with responsibilities to coordinate response, prepare plans, and allocate funding for preparedness and relief. Minimum standards for relief camps and provisions are also prescribed.
This document is a bill proposed in the North Carolina General Assembly to provide aid to North Carolinians in response to the COVID-19 crisis. It establishes reserves and funds using federal COVID-19 relief money, appropriates over $1.4 billion to the state Office of State Budget and Management (OSBM) to allocate to state agencies, counties, and nonprofits for pandemic response and recovery efforts. It requires reports on use of funds and an audit of the relief programs.
The House and Senate will be in session this week considering various bills and resolutions. The House will consider legislation redesignating NASA facilities and an academic competition resolution. It will also consider the Violence Against Women Reauthorization Act. The Senate will consider the nomination of Robert Bacharach to be a federal circuit court judge. Barring congressional action, $85 billion in automatic spending cuts (sequestration) will go into effect on March 1st, with various agency impacts. Political negotiations continue over a potential agreement to avoid or replace sequestration.
We, members of the Nigeria Governors’ Forum (NGF), at our meeting held today, deliberated on
several matters of national concern and concluded as follows:
The document discusses India's strategies and efforts around mitigation of natural disasters such as floods and earthquakes. It outlines several key initiatives:
1) The Government of India has made mitigation and prevention essential components of development planning, with states required to prepare mitigation plans and the Finance Commission providing funding for mitigation projects.
2) Measures taken for flood mitigation since 1950 include embankments protecting 15 million hectares, as well as dams and barrages, though floods remain a problem. A task force is examining long-term flood management strategies.
3) For earthquake risk mitigation, a National Core Group is working with states to update building codes and regulations to incorporate seismic standards, and
Law on natural disaster prevention and organizational structure for disaster ...UNDP Climate
High-level inter-ministerial workshop held in Hanoi June 6-7, 2017 hosted by the Ministry of Agricultural Development (MARD) of Viet Nam and supported under the Integrating Agriculture in National Adaptation Plans (NAP-Ag) Programme. The meeting was attended by over 75 national and provincial level government officials, including MONRE, MARD, MPI and the Ministry of Finance (MOF), UN and development partners, private sector representatives including insurance companies, as well as non-governmental organisations.
Where do we stand? Intended Nationally Determined Contributions (INDCs) and k...IIED
A presentation by IIED's Achala Abeysinghe and Caroline Dihl Prolo, and Mozaharul Alam, of UNEP.
The presentation was made at the Regional Forum on Climate Change held in Bangkok, Thailand in July 2015.
This presentation, 'Where do we stand? Intended Nationally Determined Contributions (INDCs) and key issues to be addressed in Paris', was given by Achala Abeysinghe, Caroline Dihl Prolo, Mozaharul Alam to the Regional Forum on Climate Change held in Bangkok on 1 July, 2015.
More details: http://www.iied.org/helping-vulnerable-countries-achieve-equitable-solutions-climate-law-policy-making-processes
Uday Shankar "Indian response" - Second GPN Global Webinar "COVID-19. SUPERN...GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Uday Shankar "Indian response"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
Matteo Fermeglia and Steven Van Garsse "Covid19 response in Belgium" - Secon...GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Matteo Fermeglia and Professor Steven Van Garsse "Covid19 response in Belgium"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
Rapport minustah au conseil de securite mars 2013Stanley Lucas
The UN Secretary-General's report provides an overview of the political, security, humanitarian, and economic situation in Haiti, as well as activities of the UN Stabilization Mission in Haiti (MINUSTAH). It notes that the country faced challenges including civil unrest, a lack of political consensus, and damage from hurricanes. While security has remained relatively stable, crime increased. The humanitarian situation also deteriorated with many still displaced and food insecure. MINUSTAH supported the political process, prepared for elections, conducted security operations with the Haitian police, and aided recovery through infrastructure projects.
Cristina Fraenkel-Haeberle and Elena Buoso "German Response" -Second GPN Glob...GLOBAL PANDEMIC NETWORK
Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021
Professor Cristina Fraenkel-Haeberle and Professor Elena Buoso "German Response"
GPN: https://www.globalpandemicnetwork.org/
Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/
This document discusses disaster management in India. It begins by outlining India's vulnerability to natural disasters and the large human and economic toll they often take. It then describes India's institutional and policy framework for disaster management, including the establishment of new authorities at the national, state, district, block and village levels to shift the focus from post-disaster response to also emphasize prevention, mitigation and preparedness. Key agencies coordinate response efforts, and funding mechanisms support relief activities.
The court document discusses the COVID-19 situation in Tamil Nadu and Puducherry. It notes the current number of infected patients and available hospital beds. It also addresses concerns around oxygen supplies, availability of Remdesivir drugs and vaccines. The court expresses hope that more details on drug and vaccine supplies will be provided to the state. It emphasizes the need for all parties to adhere to Election Commission guidelines during vote counting on May 2 to prevent further spread of the virus.
Undp country programme doc. 2016 2020-en copyAndrewCheatham7
This document provides a summary of the UNDP country programme for Iraq from 2016-2020. The key points are:
1) Iraq faces ongoing challenges of weak governance, instability, violence, and poor public services due to decades of conflict and a centralized government.
2) The UNDP programme will focus on institutional reform, devolving power to governorates, and stabilization in newly liberated areas to support a transition to a functioning democracy.
3) Activities will include supporting legal reforms, anti-corruption efforts, budget execution at provincial levels, and basic services for displaced communities to promote stability and recovery across Iraq.
Covid-19 - Une pandémie prévue et un crime contre l'humanitéGuy Boulianne
This document discusses concerns about the COVID-19 pandemic being planned rather than a natural occurrence. It references pandemic simulation exercises from 2016 that discussed coronaviruses. It also analyzes weekly COVID-19 reports from early 2020 and claims cases and deaths were misclassified and influenza disappeared due to changed diagnostic coding. The document questions the legitimacy of societal lockdowns and expresses doubts about intentions of those involved in pandemic responses.
Judgment: Fita vs the president of RSA and othersSABC News
South Africa, like the rest of the world, faces an unprecedented crisis following the
invasion of the COVID-19 virus, which poses a clear and present danger to human life.
Through the Disaster Management Act1
(“the Act”), the Government has imposed various
measures in an effort to combat the virus and contain its escalation. In particular, the
second respondent, the Minister of Cooperative Governance and Traditional Affairs (“the
Minister”) promulgated regulations pursuant to section 27(2) of the Act, which, amongst
others, prohibit the sale of tobacco products, e-cigarettes and related products as part of
the measures introduced to curb the escalation of the COVID-19 virus.
This document is a judgment from the High Court of South Africa regarding a case between the Fair-Trade Independent Tobacco Association (FITA) and the President and Minister of Cooperative Governance regarding regulations prohibiting the sale of tobacco products during COVID-19 lockdown levels. FITA argues the prohibition is irrational and not rationally related to curbing the spread of COVID-19. The court discusses the rule of law and rationality requirements for the exercise of public power by the executive. The judgment examines whether the tobacco sales prohibition is rationally related to the purpose of the regulations.
This document is a Freedom of Information Act (FOIA) request sent by the Natural Resources Defense Council (NRDC) to the Council on Environmental Quality. The request seeks records from January 20, 2001 to the date of the letter related to carbon dioxide emissions and power plants, whether carbon dioxide is a pollutant, and United States policy regarding the Kyoto Protocol. The request asks for the information to be provided at no cost since NRDC is a non-profit organization intending to make the information available to the public.
This document summarizes an order from the Supreme Court of India regarding its suo motu writ petition on the distribution of essential supplies and services during the COVID-19 pandemic. The order provides context on the case, outlines relevant sections of the Disaster Management Act of 2005, and discusses the Court's directions to the central and state governments to submit additional affidavits on issues like oxygen availability, medical infrastructure, vaccines, and essential drugs. The Court aims to facilitate dialogue between stakeholders within a human rights framework, while clarifying it does not intend to usurp executive/legislative roles.
ORC, DM act and DM mechanism in Odisha Pradeep Panda
The document discusses disaster management mechanisms in Odisha, India. It outlines that primary responsibility for disaster response lies with state governments, while the central government provides supplementary support. Key guiding documents include the Odisha Relief Code, Disaster Management Act of 2005, and various plans issued by authorities at national, state and district levels. Disaster management is implemented through authorities established at each level, with responsibilities to coordinate response, prepare plans, and allocate funding for preparedness and relief. Minimum standards for relief camps and provisions are also prescribed.
This document is a bill proposed in the North Carolina General Assembly to provide aid to North Carolinians in response to the COVID-19 crisis. It establishes reserves and funds using federal COVID-19 relief money, appropriates over $1.4 billion to the state Office of State Budget and Management (OSBM) to allocate to state agencies, counties, and nonprofits for pandemic response and recovery efforts. It requires reports on use of funds and an audit of the relief programs.
The House and Senate will be in session this week considering various bills and resolutions. The House will consider legislation redesignating NASA facilities and an academic competition resolution. It will also consider the Violence Against Women Reauthorization Act. The Senate will consider the nomination of Robert Bacharach to be a federal circuit court judge. Barring congressional action, $85 billion in automatic spending cuts (sequestration) will go into effect on March 1st, with various agency impacts. Political negotiations continue over a potential agreement to avoid or replace sequestration.
We, members of the Nigeria Governors’ Forum (NGF), at our meeting held today, deliberated on
several matters of national concern and concluded as follows:
The document discusses India's strategies and efforts around mitigation of natural disasters such as floods and earthquakes. It outlines several key initiatives:
1) The Government of India has made mitigation and prevention essential components of development planning, with states required to prepare mitigation plans and the Finance Commission providing funding for mitigation projects.
2) Measures taken for flood mitigation since 1950 include embankments protecting 15 million hectares, as well as dams and barrages, though floods remain a problem. A task force is examining long-term flood management strategies.
3) For earthquake risk mitigation, a National Core Group is working with states to update building codes and regulations to incorporate seismic standards, and
Law on natural disaster prevention and organizational structure for disaster ...UNDP Climate
High-level inter-ministerial workshop held in Hanoi June 6-7, 2017 hosted by the Ministry of Agricultural Development (MARD) of Viet Nam and supported under the Integrating Agriculture in National Adaptation Plans (NAP-Ag) Programme. The meeting was attended by over 75 national and provincial level government officials, including MONRE, MARD, MPI and the Ministry of Finance (MOF), UN and development partners, private sector representatives including insurance companies, as well as non-governmental organisations.
Where do we stand? Intended Nationally Determined Contributions (INDCs) and k...IIED
A presentation by IIED's Achala Abeysinghe and Caroline Dihl Prolo, and Mozaharul Alam, of UNEP.
The presentation was made at the Regional Forum on Climate Change held in Bangkok, Thailand in July 2015.
This presentation, 'Where do we stand? Intended Nationally Determined Contributions (INDCs) and key issues to be addressed in Paris', was given by Achala Abeysinghe, Caroline Dihl Prolo, Mozaharul Alam to the Regional Forum on Climate Change held in Bangkok on 1 July, 2015.
More details: http://www.iied.org/helping-vulnerable-countries-achieve-equitable-solutions-climate-law-policy-making-processes
The document discusses potential short-term and long-term consequences of the Covid-19 pandemic on international trade. In the short-term, supply and demand have been disrupted, leading to a decline in trade volumes. Countries have also imposed some export controls on medical goods. In the long-term, countries may seek to shorten and diversify supply chains in order to reduce dependence on single sources and increase resilience during crises. This could lead to profound changes in global supply chains and a partial reversal of globalization trends.
Cambodia DRR Position Paper 1A Disaster Management RegulationsThành Nguyễn
Research showed that “countries that develop policy, legislative, and institutional frameworks for disaster risk reduction… have greater capacity to manage risk and to achieve widespread consensus for, engagement in, and compliance with disaster risk reduction measures across all sectors of society.” Cambodia is a member of the ASEAN Agreement on Disaster Management and Emergency Response (AADMER), therefore Cambodia is legally committed to develop legislation. In July 2015 Cambodia passed the Law on Disaster Risk Management, which was a big step forward. The next step is its implementation. The Joint Action Group on Disaster Risk Reduction (JAG) presented the following recommendations to help further clarify and guide the implementation process:
• Develop and share plans and programs for improving public awareness and for identifying disaster risks as noted in the DM Law
• Draft legal instruments to facilitate implementation of the DM Law
• Draft legal instruments that allocate national finances to the entire disaster cycle from preparation to rehabilitation
Each one of these recommendations is divided into more detailed and specific measurements to improve clarity and to improve the implementation process.
So close yet so distant: evidence from Lombardy and Veneto to plan COVID-19 r...About Silvia Ussai
Silvia Ussai1*, Marzia Calvi1, Benedetta Armocida1, Beatrice
Formenti1, Francesca Palestra1 and Eduardo Missoni1,2
1Saluteglobale.it Associazione di Promozione Sociale, Brescia 25127, Italy
2Centre for Research on Health and Social Care Management, Bocconi University, Milano,
This chapter provides the first assessment by the IPCC dedicated to investment and financing issues related to climate change mitigation and adaptation. It finds that while knowledge in this area is limited by a lack of agreed definitions and incomplete data, total annual climate finance is estimated to be $343-385 billion based on 2010-2012 data. Most funds support mitigation, and flows are split roughly evenly between developed and developing countries. Meeting the 2°C target would require substantial increases in low-carbon investments, with estimates of additional annual costs of $147-360 billion for technologies like renewables and energy efficiency. Mobilizing $100 billion per year by 2020 for climate action in developing countries, as pledged by developed countries, is seen
This document provides a toolkit for identifying key indicators of accessibility and universal design. It summarizes reporting obligations under the UN Convention on the Rights of Persons with Disabilities (CRPD) and defines universal design. The toolkit analyzed 19 country reports to identify over 110 key indicators across topics like universal design, legislation, transportation, education, and housing. The indicators aim to help evaluate programs and monitor progress in implementing the CRPD. The document provides context on using indicators and discusses developing indicators that consider social context.
COVID-19. THE KEY INSTITUTIONS IN THE PANDEMICtelosaes
Italy was one of the first Countries to impose a lockdown to cope with the spread of Covid-19. Today, with Phase 2 in full swing we can retrace the Coronavirus milestones in order to take stock of ‘who did what and why’.
EU geeft 5 miljoen euro aan Turks Statistisch InstituutThierry Debels
De EU wil de kwaliteit van statistische gegevens vanuit Turkije omhoog krijgen. Daarom wordt een subsidie van 5 miljoen euro aan het Turks Statistisch Instituut gegeven.
Containing the COVID 19 Pandemic in Nigeria A Reflection on Government Action...ijtsrd
The outbreak of the COVID 19 pandemic led to the lockdown of the global economy in the early part of the year 2020. In line with the measures recommended by the World Health Organization WHO , countries also introduced further mechanisms based on their respective unique environment to contain the virus. This paper reflected on the citizens’ reactions to government measures in containing the COVID 19 pandemic in Nigeria. Specifically, it reviewed the government’s actions towards containing the virus and how they influenced the citizens’ response. The study was qualitative and focused between March and September 2020. Relying on secondary data that were analyzed through content analysis, we triangulated the Persuasive Communication Theory and Resistance Theory to interrogate the governments actions and the citizens’ reactions. We argued that the governments approach towards containing the virus contributed to i the doubt on the existence of the virus in the country held by some of the citizens, ii the lack of strict observation of precautionary measures and safety regulations, iii the seeming non co operation between the government and the citizens in containing the virus. The implications of this relationship pose challenges for future epidemics, pandemics, and development in the country and could serve as a premise for further research. Vincent Chukwukadibia Onwughalu "Containing the COVID-19 Pandemic in Nigeria: A Reflection on Government Actions and Citizens Reactions" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-6 , October 2020, URL: https://www.ijtsrd.com/papers/ijtsrd35701.pdf Paper Url: https://www.ijtsrd.com/management/other/35701/containing-the-covid19-pandemic-in-nigeria-a-reflection-on-government-actions-and-citizens-reactions/vincent-chukwukadibia-onwughalu
Un nouveau rapport de l'ONU résume les plans d'action climat nationaux Fatoumata Chérif
La réponse mondiale au changement climatique garde la porte ouverte à la limite de température de 2 degrés Celsius
(Berlin, le 30 octobre 2015) - Un effort mondial sans précédent est en cours pour lutter contre le changement climatique, ce qui renforce la confiance dans le fait que les pays peuvent atteindre l'objectif annoncé de maintenir la hausse des températures mondiales en dessous de 2 degrés Celsius, et ce, de façon rentable.
Un nouveau rapport publié aujourd'hui évalue l'impact collectif de plus de 140 plans d'action climat nationaux. Il indique qu'ensemble, ils peuvent ralentir les émissions mondiales entrant dans l'atmosphère de façon considérable.
Une autre conclusion clé révèle que l'impact conjoint des contributions prévues déterminées au niveau national (INDC) mènera à une chute des émissions par personne au cours des 15 prochaines années.
The document summarizes key provisions of Republic Act 10121, also known as the Philippine Disaster Risk Reduction and Management Act of 2010. Some of the main points covered include:
- It established the National Disaster Risk Reduction and Management Council to administer the country's disaster risk reduction and management program.
- It defines the Office of Civil Defense as having the primary role in developing and implementing the national civil defense and disaster risk reduction program.
- It created the National Disaster Risk Reduction and Management Fund to be used for disaster prevention, mitigation and preparedness activities as well as post-disaster response, relief and rehabilitation.
This document is a bill from the General Assembly of North Carolina proposing to appropriate $1.635 billion in federal COVID-19 relief funds. The bill would allocate funds to various state agencies and programs to address needs arising from the pandemic, including $80 million for school nutrition programs, $299,000 to improve student internet connectivity and digital learning, and $70 million for supplemental summer learning programs for students impacted by COVID-19 school closures. The bill establishes requirements for state agencies to maximize use of federal funds, provide reports on use of funds, and be subject to audits.
This document is an amendment in the nature of a substitute for H.R. 933, making appropriations for the Department of Defense, the Department of Veterans Affairs, and other departments and agencies for fiscal year 2013. It provides funding and establishes accounts across multiple divisions, including Agriculture, Commerce/Justice/Science, Defense, Homeland Security, Military Construction and Veterans Affairs, and continuing appropriations. The amendment strikes the original bill and replaces it with new appropriations language and accounts.
The document provides an overview and summary of the Post-Disaster Needs Assessment (PDNA) conducted in Haiti following the 2010 earthquake. Some key points:
- The earthquake caused massive damage across Haiti, killing over 220,000 people, injuring 300,000, and leaving 1.5 million people homeless. Infrastructure like housing, hospitals, and schools were heavily damaged.
- The PDNA estimated total damage and losses at $7.8 billion, equivalent to Haiti's entire GDP. Private sector losses accounted for 70% of the total. Housing suffered the most with $2.3 billion in damage alone.
- Beyond reconstruction, Haiti's needs over the next 3 years were estimated
1. The families of prisoners held in Taloja Central Prison and Byculla Women's Prison wrote a letter regarding the discontinuation of weekly telephone interviews for family members when physical visits resume.
2. They expressed concern that discontinuing phone calls would cause problems for out-of-town family members who cannot easily travel to Mumbai for physical visits, as well as economically weak and elderly relatives.
3. The letter requested that phone interviews be allowed to continue in a hybrid model, where Mumbai-based relatives could choose a physical or phone visit, to ensure prisoners' right to communicate with family and advocates as guaranteed by the Indian Constitution.
The High Court of Tripura issued an order directing the State of Tripura Aids Control Society to be impleaded as a respondent. The State and Union of India were directed to issue guidelines to conduct a thorough research of all persons in State prisons to ascertain if any are infected with HIV. If any infected persons are found, necessary action must be taken for their treatment and care in accordance with law to prevent an epidemic. A report on the matter must be submitted to the court by November 9, 2021. The court also requested an Amicus Curiae to assist and oversee the matter.
Report vigilantism and attack on the freedom of religion in meerutZahidManiyar
This document summarizes an incident of communal violence and vigilantism in Meerut, Uttar Pradesh, India. It discusses the history of communal tensions and riots in Meerut dating back to the 1930s. On September 20, 2017, two members of the Jehovah's Witnesses religious group were invited into a Hindu man's home but then detained against their will for over an hour, assaulted, and handed over to the police with false allegations of forced conversion efforts. The police refused to register a complaint about the assault and illegally detained the victims overnight without medical treatment. The document analyzes this incident as an example of the shift in India to smaller scale vigilantism targeting religious minorities, with the tacit support
Christians under attack_in_india_reportZahidManiyar
The document provides a summary of attacks on Christians in India, including two specific incidents in Roorkee and Mau, Uttar Pradesh:
1) In Roorkee, a mob of 250-300 people attacked a church, injuring several attendees. Police did not provide security despite prior complaints.
2) In Mau, a mob accused Christians of conversion during a prayer meeting. Seven people including the pastor were arrested under anti-conversion laws.
It also lists other incidents of threats, violence and false accusations against Christians in various parts of Uttar Pradesh, Madhya Pradesh and other states, indicating growing targeted attacks against the Christian minority in India.
The document discusses an application for bail filed by Sharjeel Imam. It summarizes the key details of the case, including the charges against Imam related to speeches he delivered on December 13th and 15th, 2019 regarding protests against the Citizenship Amendment Act. While the prosecution argues Imam's speeches incited violence, the judge found the evidence linking Imam's speeches to subsequent acts of violence by co-accused to be scanty and inconclusive. The judge granted Imam bail for offenses related to inciting violence but will further examine charges of sedition against Imam.
The document discusses a bail application hearing for Sharjeel Imam. It summarizes the key details of the case, including the charges against Imam related to speeches he delivered on December 13th and 15th, 2019 regarding protests against the Citizenship Amendment Act. It notes that while the prosecution argues Imam's speeches incited violence, the defense argues there is no evidence linking Imam's words to any criminal acts. In its ruling, the court finds the evidence against Imam for abetting offenses to be insufficient and scanty.
This document summarizes a court case revision petition hearing. The judge stayed the operation of the previous court order from October 12, 2021 until the next hearing date of November 12, 2021. The revision petition notice was ordered to be issued to the respondents. The trial court record was reviewed and the special public prosecutor and police inspector were present to provide submissions.
This document is a court order from a case involving multiple accused persons. It summarizes proceedings from a hearing where the prosecution requested more time for further investigation into the case. The court allowed more time but imposed a cost of Rs. 25,000 to be split among the accused, noting delays in the investigation. It also ordered the Secretary of Home Affairs to inquire about responsibility for the costs being imposed and deducting the amount from the responsible officer's salary. The case was adjourned to a future date for further proceedings.
The Archbishop of Bangalore expresses concern over the Karnataka government's plan to survey Christian missionaries and places of worship. He argues that such surveys could unfairly target and endanger the Christian community. The Archbishop questions why only Christians are being surveyed, noting that Christians constitute a small percentage of the population. He calls on the government to respect constitutional protections of religious freedom and consider the educational and social services provided by Christian institutions instead of pursuing anti-conversion policies.
For website 211014 cjp-ncm complaint over muslim family in indore chairperson...ZahidManiyar
The complaint alleges that a Muslim family in Indore, Madhya Pradesh was attacked by a mob of 150 people associated with the RSS on October 9, 2021. The family was threatened and told to leave the village. Family members sustained head injuries and their house was ransacked. The police delayed registering an FIR and instead filed a counter-complaint against the family. The complaint cites other recent incidents of violence and harassment against Muslims in Indore and calls on the National Commission for Minorities to investigate and take action to prevent further attacks.
For website 211013 cjp ncm complaint over nun attacks to vice chairman (1)ZahidManiyar
The complaint alleges that on October 10, 2021 in Mau, Uttar Pradesh, two incidents occurred where Christian religious gatherings were disrupted by Hindu nationalist mobs. In one incident, two nuns were attacked, dragged to the police station and detained for hours on baseless allegations of religious conversion. In another incident, a Christian prayer service was raided and the pastor and congregants were taken to the police station. The complaint urges the National Commission for Minorities to investigate these attacks, ensure protection for religious minorities, condemn the attacks and pressure authorities to take swift action. It notes a pattern of increasing attacks on Christians in India by Hindu nationalist groups.
For website 21103 cjp ncm complaint over nun attacks to chairperson (1)ZahidManiyar
1. Citizens for Justice and Peace wrote to the National Commission for Minorities regarding two attacks on Christians in Mau, Uttar Pradesh on October 10, 2021. In the first incident, a mob attacked two nuns and their driver at a bus stand and took them to the police station. In the second incident, a mob disrupted a Christian prayer service and took the pastor and worshippers to the police station.
2. The letter requests that the Commission conduct an inquiry into the attacks, ensure protection for religious minorities, condemn the attacks and urge police to take action, and issue guidelines for dealing with communally motivated attacks. It argues that such attacks violate constitutional rights and aim to subjugate minority communities through fear.
The document is a response letter from the All India Union of Forest Working People (AIUFWP) regarding the draft EIA Notification 2020. The key points made in the letter are:
1) The AIUFWP demands a complete withdrawal of the draft EIA Notification 2020 as it weakens environmental protections and public participation in decision making.
2) The draft was released during a national lockdown without proper accessibility or consideration of forest communities who will be most impacted.
3) Weakening environmental regulations could exacerbate future pandemics by further damaging nature.
4) The draft favors industries and projects over environmental protection by reducing scrutiny and exempting many from public hearings and consent requirements.
The applicant Maulana Fazlul Karim Qasimi was arrested in August 2021 for a Facebook post expressing the view that the Taliban in Afghanistan are not terrorists. The applicant's lawyer argued that the court had granted bail to someone in a similar case for expressing such an opinion. While reviewing the case diary, the court found nothing incriminating against the applicant beyond the Facebook post. Given the lack of other evidence, the court doubted if the post alone constituted a cognizable offense. Therefore, the court directed that the applicant be released on bail on furnishing a bond, finding further custody unnecessary in this case.
The document is a 3-page court order from the Gauhati High Court regarding a bail application filed by Maqbool Alam, who was charged with several offenses including praising a terrorist organization on Facebook. The court heard arguments from Alam's lawyer and the public prosecutor. Upon reviewing the Facebook posts and finding that they did not require further custodial interrogation, the court granted bail to Alam subject to furnishing a bond and ensuring he does not interfere with the investigation.
Kerala hc order d rajagopal-v-ayyappan-anr-402210ZahidManiyar
This document summarizes two criminal revision petitions filed in the High Court of Kerala against judgments from lower courts. The lower courts had found police officers guilty of assaulting a complainant while he was in custody. The police officers argue on appeal that the lower courts erred in not requiring sanction from the state government before prosecuting public servants. The High Court examines the evidence and finds that the injuries occurred while the complainant was in police custody, supporting his allegation that police assaulted him at the police station lockup. Medical evidence also supports the complainant's version of events. The High Court dismisses the criminal revision petitions filed by the police officers.
The Kashmiri Pandit Sangarash Samiti (KPSS) wrote a letter to the Lieutenant Governor of Jammu and Kashmir regarding the security of non-migrant Kashmiri Pandits and Hindus living in the Kashmir Valley. KPSS has submitted communications over the past year requesting a meeting about this issue, but their requests have been ignored. Over the past 10 days, intelligence reports indicate prominent Kashmiri Pandit/Hindu businessmen will be targeted, and one was killed on October 5th. KPSS warns that if another Pandit/Hindu is killed due to administrative and security failures, they will file a petition with the International Human Rights Commission and launch a signature campaign against the administration for neglect
Lakhimpur kheri press statement from ct_us_06102021ZahidManiyar
The Central Trade Unions strongly condemned the killing of farmers protesting in Lakhimpur Kheri, Uttar Pradesh. They demanded the resignation of the Minister of State for Home and stringent punishment for the culprits. The trade unions also condemned the police for preventing opposition leaders and union leaders from visiting the families of the deceased. They reiterated their support for farmers in their struggle against the farm laws.
This document summarizes a court order from a Public Interest Litigation case in the State of Uttar Pradesh, India. The order lists several related cases to be heard together on October 22nd. It notes that two specific cases were not listed as directed in a previous order and threatens action against the responsible registry officer. It also directs the respondents to provide the petitioner's counsel a copy of the counter affidavit filed in connected writ petitions.
The document discusses two writ petitions related to prison overcrowding and conditions in Madhya Pradesh. It summarizes the suggestions provided by an amicus curiae to improve prison conditions, which include establishing women's prisons, borstal schools for youth offenders, mental health services, vocational training programs, healthcare facilities, sanitation infrastructure, educational opportunities, and recreational activities for inmates. The court acknowledges the urgent need for prison reforms and decongesting the prisons in the state.
The Biggest Threat to Western Civilization _ Andy Blumenthal _ The Blogs.pdfAndy (Avraham) Blumenthal
Article in The Times of Israel by Andy Blumenthal: China and Russia are commonly considered the biggest military threats to Western civilization, but I believe that is incorrect. The biggest strategic threat is a terrorist Jihadi Caliphate.
Acolyte Episodes review (TV series) The Acolyte. Learn about the influence of the program on the Star Wars world, as well as new characters and story twists.
Your Go-To Press Release Newswire for Maximum Visibility and Impact.pdfPressReleasePower4
This downloadable guide explains why press releases are still important for businesses today and the challenges you might face with traditional distribution methods. Learn how [Your Website Name] offers a comprehensive solution for crafting compelling press releases, targeting the right media outlets, and maximizing visibility.
Essential Tools for Modern PR Business .pptxPragencyuk
Discover the essential tools and strategies for modern PR business success. Learn how to craft compelling news releases, leverage press release sites and news wires, stay updated with PR news, and integrate effective PR practices to enhance your brand's visibility and credibility. Elevate your PR efforts with our comprehensive guide.
Here is Gabe Whitley's response to my defamation lawsuit for him calling me a rapist and perjurer in court documents.
You have to read it to believe it, but after you read it, you won't believe it. And I included eight examples of defamatory statements/
Youngest c m in India- Pema Khandu BiographyVoterMood
Pema Khandu, born on August 21, 1979, is an Indian politician and the Chief Minister of Arunachal Pradesh. He is the son of former Chief Minister of Arunachal Pradesh, Dorjee Khandu. Pema Khandu assumed office as the Chief Minister in July 2016, making him one of the youngest Chief Ministers in India at that time.
El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
1. 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
2. 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
3. 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
4. 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,
dated 03.04.2020, addressed to the
Chief Secretaries of all States by the
Ministry of Home Affairs (Disaster
Management Division).
r6z20. ANNEXURE-P-12: 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).
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
I
I
I
I
I
5. 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
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
7. ?
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
8. 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
9. 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
10. 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.
11. 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
12. 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
13. 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
14. 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
consultation with the State Governments and experts.
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
15. a-
J
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
I
16. 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
17. 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
I
1
l
I
18. 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
19. 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.
20. 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.
21. 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:
22. t+
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.
23. 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
24. 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.
25. 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,
containment zones, social distancing etc. in it. The part of the said
National Plan which deals with 'Biological and Public Health
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. 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
26. 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
27. [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:
28. 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
29. 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
30. 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;
31. 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
32. 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
33. '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
34. 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
35. ,+
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
36. )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
37. 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
38. 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
39. 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
40. 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
41. 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.
42. 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
43. 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
44. 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
45. 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.
46. 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
47. 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
48. 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,
49. 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,
containment zones, social distancing etc. in it. The part of the said
National Plan which deals with 'Biological and Public Health
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 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
50. 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
51. 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
52. 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
53. 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
54. 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.
55. 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-
56. 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
57. 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
58. 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.
59. 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
consultation with the State Governments and experts.
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
60. 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