“Law and order are the medicine of the politic body and when the politic body gets sick, medicine must be administered.”
Reflecting on the present scenario of global times, we have been trying to hold a shield against the deadly virus which has spiraled into what is now called the covid -19.
A virus that had caused a significant threat to life. More so, A global pandemic which has not only devastated humanity but also brought about socio-economic declines in its functionality.
Furthermore, it has created a state of tension among people which has thereby , contributed towards countries haulting their trade and commerce routes due to the world crisis - a preventive measure taken by the government to safeguard their welfare and social interest.
To lessen the multiplication of the virus, the People are asked to quarantine themselves and follow certain rules and regulations .
Conversely, India being a developing country which encompasses of people belonging to different strata of the society, this situation has proven to be a
Cause of worry to the underprivileged and those who work for the informal business sectors.
Seemingly so, India being one of the country where lockdown has been imposed with the death toll hiting it's bar in hundreds each day has hit a state of national emergency.
As per the directives of the government of India, conscious citizens are asked to abide by the government orders such as Social Distancing and self-quarantine.
A slogan that flashes on regular basis "stay home, stay safe" is circulated to weave a thread of self-awareness among people.
These restrictions are likely to easen the situation down throughout the nation. But these restrictions have also brought about significant changes in the daily life of the people, widely among the middle and lower classes of the society. People in the service sector and the business sector are finding difficulty in earning their daily bread.
The migrant labourers from different states who depend on daily wages are unable to access their basic needs which proves to be essential for survival. With no availability of their means of living, most of the labourers are migrating back to their respective states.
This state of lockdown and the imposition of the rules and regulations by the government has disrupted certain rights and liberties bestowed to the citizens, which has been drafted in constitution of india – Article 19 being one of them.
The fundamental rights are enshrined in the part(iii) of the constitution.
These fundamental rights contain the comprehensive list of justifiable rights. They are guaranteed by the constitution to all the citizens. They uphold the equality and dignity of the individual.
The right to freedom is provided to the citizens of the country under article 19 - 22.
Article 19 guarantees six fundamental freedoms to the citizens of india.
Freedom of speech and expression
Freedom to assemble peacefully and without arms
Freedom to form associations and unions
Freedom to move freely throughout the territory of india
Freedom to reside and settle in any part of the territory of india
Freedom to practice any profession or to carry on any occupation, trade or business.
During this state of pandemic, there’s political tension and panic among the people all over the country.
By and large, The government orders to stay indoors and social distancing is proving to be beneficial But parallel to these rules and restrictions, there is also a curtailment of free movement and protest.
People are barred to participate in large masses .
With the police and military forces dispersed all over the country to ensure the effectiveness of the rules and the functionality of the government, the citizens being on the receiving end are have interwoven their belief of the deprived rights and liberties granted by the constitution.
It is the first time, in the history of independent india, that the country has come to a complete standstill.
Given the grave threat posed by the COVID-19, the lockdown is undoubtedly the need of the hour.
However, many have questioned the constitutional validity of such an action.
The lockdown is constitutionally valid because the state has the power to impose such an interim If it benefits the public at large.
This is inspite of the debilitating consequences it may have in the present and the future.
Though it has caused the disruption of Article 19 which guarantees the freedom of movement of the citizens, the Right To Life guaranteed under article 21 is the most sacrosanct fundamental right.
Without life, there can be no liberty. Thus, it paves way for all other rights to exist.
As rightly quoted by erwin Schrödinger
- "The total number of minds in the universe is one. In fact, consciousness is a singularity phasing within all beings.” best summarizes his philosophical outlook towards the nature of reality which reflects on the present case.
This step towards lessening the tension is primarily affecting two of our fundamental rights
– the right to move freely throughout the territory of india and the right to practice any profession, or to carry on any occupation, trade or business. These rights have been guaranteed under Article 19 (1)(d) and (g). However a reading of Article 19(5) and (6) makes it transparent that ‘reasonable restrictions’ can be imposed on these rights in the interest of the general public provided it is done by a duly enacted law.
To quote examples from the past few weeks for the records -"Desperate migrant labourers trapped in this lockdown are now protesting against the government as they are asked not to migrate back to their respective states and stay where they are against their wills".
Few state governments have restricted to bring back the migrant labourers stranded in different states. These occurrences are taking place in various places across the country such as Ludhiana, Bihar, Maharashtra, Gujarat and Uttar Pradesh.
While one may consider this kind of restraint on our movement and profession extreme and unprecedented, it is not in excess of what is required in the current predicament. In fact, it is necessary in the interests of the general public. Thus, the guidelines issued under the Disaster Management Act, 2005 will qualify as the reasonable restriction under Article 19(5) and (6).
To epilictly draw a conclusion what better than an idiom to correspond to present structure ?
"every cloud has a silver lining".
And to this cloud it is the unification of people belonging to different strata and kin which has woven the fabric of true secularism to fight against this pandemic.
True to the quotation. " We are in this together".
An article brought to you by -
Roktim Borah
Saakshi Iyer
Reflecting on the present scenario of global times, we have been trying to hold a shield against the deadly virus which has spiraled into what is now called the covid -19.
A virus that had caused a significant threat to life. More so, A global pandemic which has not only devastated humanity but also brought about socio-economic declines in its functionality.
Furthermore, it has created a state of tension among people which has thereby , contributed towards countries haulting their trade and commerce routes due to the world crisis - a preventive measure taken by the government to safeguard their welfare and social interest.
To lessen the multiplication of the virus, the People are asked to quarantine themselves and follow certain rules and regulations .
Conversely, India being a developing country which encompasses of people belonging to different strata of the society, this situation has proven to be a
Cause of worry to the underprivileged and those who work for the informal business sectors.
Seemingly so, India being one of the country where lockdown has been imposed with the death toll hiting it's bar in hundreds each day has hit a state of national emergency.
As per the directives of the government of India, conscious citizens are asked to abide by the government orders such as Social Distancing and self-quarantine.
A slogan that flashes on regular basis "stay home, stay safe" is circulated to weave a thread of self-awareness among people.
These restrictions are likely to easen the situation down throughout the nation. But these restrictions have also brought about significant changes in the daily life of the people, widely among the middle and lower classes of the society. People in the service sector and the business sector are finding difficulty in earning their daily bread.
The migrant labourers from different states who depend on daily wages are unable to access their basic needs which proves to be essential for survival. With no availability of their means of living, most of the labourers are migrating back to their respective states.
This state of lockdown and the imposition of the rules and regulations by the government has disrupted certain rights and liberties bestowed to the citizens, which has been drafted in constitution of india – Article 19 being one of them.
The fundamental rights are enshrined in the part(iii) of the constitution.
These fundamental rights contain the comprehensive list of justifiable rights. They are guaranteed by the constitution to all the citizens. They uphold the equality and dignity of the individual.
The right to freedom is provided to the citizens of the country under article 19 - 22.
Article 19 guarantees six fundamental freedoms to the citizens of india.
Freedom of speech and expression
Freedom to assemble peacefully and without arms
Freedom to form associations and unions
Freedom to move freely throughout the territory of india
Freedom to reside and settle in any part of the territory of india
Freedom to practice any profession or to carry on any occupation, trade or business.
During this state of pandemic, there’s political tension and panic among the people all over the country.
By and large, The government orders to stay indoors and social distancing is proving to be beneficial But parallel to these rules and restrictions, there is also a curtailment of free movement and protest.
People are barred to participate in large masses .
With the police and military forces dispersed all over the country to ensure the effectiveness of the rules and the functionality of the government, the citizens being on the receiving end are have interwoven their belief of the deprived rights and liberties granted by the constitution.
It is the first time, in the history of independent india, that the country has come to a complete standstill.
Given the grave threat posed by the COVID-19, the lockdown is undoubtedly the need of the hour.
However, many have questioned the constitutional validity of such an action.
The lockdown is constitutionally valid because the state has the power to impose such an interim If it benefits the public at large.
This is inspite of the debilitating consequences it may have in the present and the future.
Though it has caused the disruption of Article 19 which guarantees the freedom of movement of the citizens, the Right To Life guaranteed under article 21 is the most sacrosanct fundamental right.
Without life, there can be no liberty. Thus, it paves way for all other rights to exist.
As rightly quoted by erwin Schrödinger
- "The total number of minds in the universe is one. In fact, consciousness is a singularity phasing within all beings.” best summarizes his philosophical outlook towards the nature of reality which reflects on the present case.
This step towards lessening the tension is primarily affecting two of our fundamental rights
– the right to move freely throughout the territory of india and the right to practice any profession, or to carry on any occupation, trade or business. These rights have been guaranteed under Article 19 (1)(d) and (g). However a reading of Article 19(5) and (6) makes it transparent that ‘reasonable restrictions’ can be imposed on these rights in the interest of the general public provided it is done by a duly enacted law.
To quote examples from the past few weeks for the records -"Desperate migrant labourers trapped in this lockdown are now protesting against the government as they are asked not to migrate back to their respective states and stay where they are against their wills".
Few state governments have restricted to bring back the migrant labourers stranded in different states. These occurrences are taking place in various places across the country such as Ludhiana, Bihar, Maharashtra, Gujarat and Uttar Pradesh.
While one may consider this kind of restraint on our movement and profession extreme and unprecedented, it is not in excess of what is required in the current predicament. In fact, it is necessary in the interests of the general public. Thus, the guidelines issued under the Disaster Management Act, 2005 will qualify as the reasonable restriction under Article 19(5) and (6).
To epilictly draw a conclusion what better than an idiom to correspond to present structure ?
"every cloud has a silver lining".
And to this cloud it is the unification of people belonging to different strata and kin which has woven the fabric of true secularism to fight against this pandemic.
True to the quotation. " We are in this together".
An article brought to you by -
Roktim Borah
Saakshi Iyer
