CENTRE FOR PUBLIC INTEREST LITIGATION versus UNION OF INDIA

Citation: [2020] 11 S.C.R. 425 · Decided: 18-08-2020 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Dismissed

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Judgment (excerpt)

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CENTRE FOR PUBLIC INTEREST LITIGATION
v.
UNION OF INDIA
(Writ Petition (Civil) No. 546 of 2020)
AUGUST 18, 2020
[ASHOK BHUSHAN, R. SUBHASH REDDY AND
M. R. SHAH, JJ. ]
Disaster Management Act, 2005 – s.11 – National Plan –
COVID-19 – Pandemic – A Public Interest Litigation filed in the
wake of COVID-19 pandemic seeking direction to the Union of
India to prepare, notify and implement a National Plan u/s. 11 r/w.
s.10 of the Act, 2005 to deal with current pandemic (COVID-19) –
Petitioner submitted that National Plan uploaded on the website of
National Disaster Management Authority of the year 2019 does
not deal with situations arising out of the current pandemic and
has no mention of measures like lockdown, containment zones, social
distancing etc. –  Held: The first National Plan u/s. 11 was framed
in the year 2016, which was revised and the National Plan was
prepared and notified in November, 2019 – National Plan and
guidelines as contemplated by the statute for Disaster Management
is by its very nature prior to the occurrence of any disaster and as
a measure of preparedness – It is not conceivable that a National
Plan would be framed after the disaster has occurred – A National
Plan encompasses and contemplate all kinds of disasters – The
Biological and Public health emergencies has already been
contemplated in the National Plan, 2019, which as notified in table
1-1 under paragraph 1.13.1 specifically includes epidemics: Viral,
Bacterial, Parasitic, Fungal and prior infections – Novel
Coronavirus is an epidemic which has become pandemic – Plan-
2019 is complemented by several plans, Standard Operating
Procedures (SOPs), manuals, Guidelines at all levels of the
Government – Further, the National Disaster Management Authority
had issued guidelines in the year 2008 itself which has been further
detailed in Plan-2019 – All aspects of the epidemics, all measures
to contain an epidemic, preparedness, response, mitigation have
been elaborately dealt in Plan-2019 – The Disaster Management
Act, 2005 contain ample powers and measures, which can be taken
[2020] 11 S.C.R. 425
425
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SUPREME COURT REPORTS
[2020] 11 S.C.R.
by the National Disaster Management Authority, National Executive
Committee and Central Government to prepare further plans,
guidelines and Standard Operating Procedure (SOPs), which in
respect to COVID-19 have done from time to time – Containment
Plan for COVID-19 was also issued – There are no lack of guidelines,
SOPs and Plan to contain COVID-19 — Nodal Ministry has brought
on record updated containment plan for large outbreaks of COVID-
19 – Guidelines and orders have been issued from time to time to
regulate all measures to contain COVID-19 – Thus, there is no merit
in the submission of the petitioner that there is no sufficient plan to
deal with COVID-19 pandemic – National Plan, 2019 have been
there in place supplemented by various orders and measures taken
by competent authorities under Disaster Management Act, 2005,
there is no occasion or need to issue any direction to Union of
India to prepare a fresh National Plan for COVID-19.
Disaster Management Act, 2005 – s.12 – Guidelines for
Minimum Standards of Relief – COVID-19 – Pandemic – A public
interest litigation filed in wake of COVID-19 pandemic, seeking
direction to the Union of India to lay down minimum standards of
relief u/s. 12 of the Act, 2005 to be provided to persons affected
with COVID-19 – The petitioner pleaded that Centre should come
up with detailed guidelines recommending the minimum standards
of relief to be provided in the relief camps in relation to shelter,
food, drinking water, medical cover and sanitation, in absence of
which, shelter homes and relief camps are susceptible of becoming
hotbeds for the spread of COVID-19 infection – It was further
pleaded that the Centre should come up with detailed guidelines
under s.12(ii) and (iii) of Act, 2005 for widows and orphans and
ex-gratia assistance to be provided to the kith and kin of those
losing life because of COVID-19 infections but also as a result of
harsh lockdown restrictions – It was also submitted that there are
no guidelines providing for minimum standards of relief for COVID-
19 – Held: The respondent has brought on record the guidelines
which were in existence before declaration of COVID-19 pandemic
and it covers all statutory requirement as enumerated in s.12 – The
uniform guidelines are contemplated so that persons affected by
disaster

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