India legal 13 april 2020

1. NDIA EGALL STORIES THAT COUNT I April13, 2020 analreadyslowingeconomyhasbeendealtabodyblowbythepandemicas productionandemploymentarehit, severelyaffectingtheunorganisedsector.An in-depthanalysisbynotedeconomist ProfArunKumar CrashLanding:Theaviationsectorisamongtheworsthitasfleetsaregrounded andairlinecrewlaidofforsalariescut.Istherelightattheendofthetunnel? MigrantLabour:TheSupremeCourtstepsintoissueordersintendedtohelp migrantsandeasetheirfears.Isit working? LOOMING CATASTROPHE Section 144 and Police Excesses

4. 4 April 13, 2020 HIS is not the first time that India has fa- ced an apocalyptic epidemic. Among my several experiences of having had to deal as a journalist with galloping, life-threaten- ing, fast-spreading infectious diseases— among them the 1976 swine flu in America—was India’s plague epidemic of 1994. The epicentre of the scourge was Surat in Gujarat even though the origin of the disease could not be traced. Within a few weeks, the spread of disease and panic ended after it claimed (officially) nearly 60 lives and was suspected to have infected about 1,000 people in Delhi, Madhya Pradesh, Maharashtra, Uttar Pradesh and Karnataka. It caused havoc both in India and in the international community. Tourism and businesses were negatively affected, people fled cities, flights to India were cancelled and planes from the country were banned or fumigated at airports. Looking back at that horror story, analysts con- cluded that a combination of factors—woefully inad- equate medical response and infrastructure capabili- ties, ignoring the need for more social spending on hygiene and basic health, the lack of sanitation and access to clean water and soap—had exacerbated the crisis and should jolt the government into providing the Indian masses with the fundamentals that undergird their right to a life of dignity. Prime Minister Narendra Modi has at least focussed national attention on this basic tenet as a priority in his national agenda through his “Swachh Bharat” exhortations, but alas, as anybody who has travelled across India will tell you, his pleas have found few or no takers. It is tragic, absolutely pathetic that in today’s Swachh Bharat, India’s homeless and urban poor who live in thousands of slums across major cities and towns, maintaining good hygiene can be nearly impossible. About 160 million—more than the population of Russia—of India’s 1.3 billion people don’t have access to clean water. UNICEF said last week that almost 20 percent of urban Indians do not have facilities with water and soap at home. In 1994, after the “Surat Plague” I alluded to, this nation’s pathetic civic amenities and disregard for hygiene and sanitation in an article “Emperors of Garbage” was published in The New York Times. I reproduce it here from an old clipping of that piece. It looks as if nothing has changed. Nothing has been learned: “If there is any truly apocalyptic society on earth, it is here, it is here, it is here. “India plunges from one cataclysm to another with dizzying rapidity and at a terrible human cost. And realizes, always too late, that the fault lies not in our stars but smack bang within ourselves. Nothing learned, everything forgotten. The pneumonic plague that coursed through a limb of western India in October and sent shivers down the national spine is an example not only of how we are gluttons for punishment as retribution for our sins of omission and commission, but also a reminder of how cumu- lative neglect exacerbates and makes doubly calami- tous the after-effects of elemental paroxysms. “A healthy rain in the nation’s capital turns into a flood. Children are sucked mercilessly into the vor- tex of storm drains that have not been cleaned for the entire season, and adults sizzle to death in water electrified by exposed power lines. Cholera and hep- atitis, meningitis and conjunctivitis, malaria and filaria. It’s as if a medieval curse is upon us. But the hex is self-inflicted. Because we are the practitioners of filth. The emperors of garbage. “The self-exculpatory explanations for the mias- ma—pest resistance to insecticides, germ immunity to antibiotics—obfuscate the real issues. The reality is whether politicians and administrators care about how people live. “Epidemics of kala azar, an insect-borne disease, rage as life-saving drugs are sold on the black market. Water-borne diseases kill because the state has failed in its most basic mission—the provision of clean, cheaply chlorinated water. Shortage of funds is no excuse. The money has flowed in from five-year plans and international agencies. But between venal politicians and bureaucrats and the depredations of contractors this nation has created not underground sewage lines, toilet facilities, waste-treatment plants and incinerators but monuments to excrescence.” EMPERORS OF GARBAGE T Letter from the Editor Twitter: @indialegalmedia Website: www.indialegallive.com Contact: editor@indialegallive.com Inderjit Badhwar

6. 6 April 13, 2020 ContentsVOLUME XIII ISSUE22 APRIL13,2020 OWNED BY E. N. COMMUNICATIONS PVT. LTD. A -9, Sector-68, Gautam Buddh Nagar, NOIDA (U.P.) - 201309 Phone: +9 1-0120-2471400- 6127900 ; Fax: + 91- 0120-2471411 e-mail: editor@indialegalonline.com website: www.indialegallive.com MUMBAI: Arshie Complex, B-3 & B4, Yari Road, Versova, Andheri, Mumbai-400058 RANCHI: House No. 130/C, Vidyalaya Marg, Ashoknagar, Ranchi-834002. LUCKNOW: First floor, 21/32, A, West View, Tilak Marg, Hazratganj, Lucknow-226001. PATNA: Sukh Vihar Apartment, West Boring Canal Road, New Punaichak, Opposite Lalita Hotel, Patna-800023. ALLAHABAD: Leader Press, 9-A, Edmonston Road, Civil Lines, Allahabad-211 001. Chief Patron Justice MN Venkatachaliah Editor Inderjit Badhwar Senior Managing Editor Dilip Bobb Deputy Managing Editor Shobha John Executive Editor Ashok Damodaran Contributing Editor Ramesh Menon Deputy Editor Prabir Biswas Junior Sub-editor Nupur Dogra Art Director Anthony Lawrence Deputy Art Editor Amitava Sen Senior Visualiser Rajender Kumar Photo Researcher/ Kh Manglembi Devi News Coordinator Production Pawan Kumar Group Brand Adviser Richa Pandey Mishra CFO Anand Raj Singh Sales & Marketing Tim Vaughan, K L Satish Rao, James Richard, Nimish Bhattacharya, Misa Adagini Circulation Team Mobile No: 8377009652, Landline No: 0120-612-7900 email: indialegal.enc@gmail.com PublishedbyProfBaldevRajGuptaonbehalfofENCommunicationsPvtLtd andprintedatAcmeTradexIndiaPvt.Ltd.(UnitPrintingPress),B-70,Sector-80, PhaseII,Noida-201305(U.P.). Allrightsreserved.Reproductionortranslationinany languageinwholeorinpartwithoutpermissionisprohibited.Requestsfor permissionshouldbedirectedtoENCommunicationsPvtLtd.Opinionsof writersinthemagazinearenotnecessarilyendorsedby ENCommunicationsPvtLtd.ThePublisherassumesnoresponsibilityforthe returnofunsolicitedmaterialorformateriallostordamagedintransit. AllcorrespondenceshouldbeaddressedtoENCommunicationsPvtLtd. An already slowing economy in India has been dealt a body blow by the novel coronavirus outbreak as production and employment are hit, severely affecting the unorganised sector which employs 94 percent of the workforce Looming Catastrophe LEAD 10 The aviation sector will be hardest hit by the pandemic, with experts predicting a $3.3-$3.6 billion loss to India domestically in the first quarter of 2021 and a reduction of 5.75 lakh jobs Crash Landings 14 The Supreme Court has asked the centre to take care of migrant labour and provide them shelter, food, water and medicines and calm their fears A Ray of Hope 18

7. | INDIA LEGAL | April 13, 2020 7 Followuson Facebook.com/indialegalmedia Twitter:@indialegalmedia Website:www.indialegallive.com Contact:editor@indialegallive.com Cover Design: AMITAVA SEN Cover Photo: UNI REGULARS Ringside............................8 Courts ...............................9 Media Watch ..................42 Watch the Truth Unfold 40 The United States is shutting down and Americans are struggling to cope with life in the time of the coronavirus. The world’s richest and most powerful country has never looked more helpless Closed States of America 20 Battle Royale The late Rajmata Gayatri Devi’s grandchildren plan to approach the apex court against an NCLAT order that rejected their claim to the Jai Mahal Palace in Jaipur 38 New Insurance Umbrella Following directions from the Insurance Regulatory and Development Authority, various insurance companies have reached out to Covid-19 patients GLOBALTRENDS The UK’s move to live stream divorce proceedings will bring a realistic understanding of court hearings and promote transparency for quality litigation SPOTLIGHT 36 The enormous suffering and chaos unleashed by the sudden exodus of migrant workers from cities to their native places could have been averted if civil-military cooperation procedures had been followed Migrant Crisis and Civil Defence 26 HEALTH 22Draconian Measures Locking down a nation of 1.3 billion which had less than four hours to prepare for it has resulted in a humongous human crisis. Other methods could have secured better results COLUMN Can lessons to fight the coronavirus be garnered from the epic battle in the Mahabharata? Can war strategies fortify us today to defeat this vicious enemy? Winning the Mahabharata 28 30Mother Nature Breathes Again As the world comes to a halt during the lockdown, good air quality and clear skies are there for all to see. With air pollution killing 1.2 million Indians annually, this is a gain worth protecting and fighting for ENVIRONMENT 32Boost Your Health Even as WHO has started a large global trial, Solidarity, to evaluate potential treatments against Covid-19, India’s alternative health systems have a host of suggestions to boost respiratory health MYSPACE Trapped and Far From Home With classes cancelled and travel restrictions in place, thousands of students are stranded in campuses, dorms or airports around the world. A personal account from one of them stranded in Germany 37 OPINION

8. 8 April 13, 2020 Amitava Sen RINGSIDE

9. | INDIA LEGAL | April 13, 2020 9 Courts The Supreme Court refused to stay a Kerala High court order that asked the centre to intervene and remove the blockades on the Kasaragod-Mangalore national highway that connects Kerala with Karnataka. It was a set- back of sorts for Karna- taka which had approa- ched the apex court after the Kerala High Court ordered that steps be taken to open the road for ferrying people with emergency medical care and essential goods amid the coronavirus pandemic. Seven people had died in the last few days following Karnataka’s decision to close the highway in view of the high incidence of the coronavirus pandemic in Kerala’s northern district. “We may reiterate that we expect the central government to act expeditiously in this matter, taking note of the human lives that are at stake,” a HC bench of Justices AK Jayasan- karan Nambiar and Shaji P Chaly ordered via video conferencing. In the apex court, Justices L Nageswara Rao and Deepak Gupta said that essential services’ vehicles should be allowed to use the highway and suggested that a special committee that also includes the chief secretaries of the two states and the Union health secretary be for- med to resolve the issue. The matter will next be heard on April 7. SC refuses to stay Kerala HC order The Supreme Court turned down an appeal by a hit-and-run convict against a five-year jail term awarded to him by the Gujarat High Court and asked him to surrender in jail. When the counsel for Vismay Shah, the hit-and-run driver who killed two youths in Ahmedabad when his speeding BMW knocked them down, told the Court that the families of the two victims had no grievances as they had been paid Rs 1.5 crore each, the bench comprising Jus- tices DY Chandrachud and MR Shah replied: “You can’t buy justice with money.” The apex court then dismissed Shah’s Special Leave Petition that chal- lenged the decision of the High Court upholding the Ahmedabad trial court ver- dict which held that Shah had caused the death of two students who were travelling in an autorickshaw due to his rash and negligent driving. The two were the only children of their parents. The accident took place in 2013, and two years later, the trial court had fined Shah Rs 31,000 with five years in jail, in 2015. The High Court imposed an addi- tional fine of Rs 2 lakh on him. Meanwhile, Shah had entered into a compromise with the victims’ families who did not press their demand for harsher punishment. Money can’t buy you justice: Supreme Court to killer driver All judges of the Supreme Court have donated Rs 50,000 each towards the PM-CARES Fund set up for the relief work amid the Covid-19 pandemic. A public charitable trust, the Fund has been set up by Prime Minister Narendra Modi. It invi- tes individual contributions from people from all walks of life to donate and the money shall only be used for citizens’ assistance and relief in emergency situations. The prime minister is the chairman of PM- CARES Fund and its members include Defence Minister Rajnath Singh, Home Minister Amit Shah and Finance Minister Nirmala Sitharaman. The PM was the first to take to the social media to extend his grati- tude to the apex court judges for making the contribution. “I thank the Honourable Judges of the Supreme Court for this exemplary and inspir- ing gesture. Their contribution to PM- CARES will strengthen the efforts to fight COVID-19,” he tweeted. Earlier, Justice NV Ramana (above), the next in line to become the chief justice of India, had made a contribution of Rs 1 lakh each towards the PM National Relief Fund as well as the CM relief funds of Telangana and Andhra Pradesh. The Delhi High Court judges have also donated Rs 10,000 each to the fund. SC judges give Rs 50,000 each for PM-CARES —Compiled by India Legal team

10. Lead/ Economy 10 April 13, 2020 N March 24, Prime Mi- nister Narendra Modi announced a complete lockdown for three weeks for 1.3 billion Indians. All hell broke loose for unorganised sector workers and in panic, large numbers of them started returning to their villages from towns. This put paid to the idea of isolating people to stop the community spread of the virus. The PM’s decision was correct, if the experience of other countries is any guide, but the required preparation to implement such a drastic measure was missing. For instance, how would people who have lost work and incomes survive in their crowded kholis? These people believe that in their village they would have support and basic food and if they have to die, it is better to be with their own people. So what are the implica- tions of an unprecedented situation like a lockdown? Economic activity, except the production and distribution of essentials, has come to a halt. Stock markets, reflecting the negative mood, have tanked with investors losing trillions of dollars of global wealth. In India, these losses concern largely the top 3 percent in the income ladder. But these are largely paper losses. The wealthy have their savings to spend from but will cut con- sumption and investment, leading to a fall in demand. The 97 percent are the real sufferers and need assistance. The middle classes and the poor, managers, professionals, self-employed and workers are facing the adverse impact on a wide range of businesses over the last month. Manufacturing, trade, transportation, tourism, hotels, Looming Catastrophe Analreadyslowingeconomyhasbeendealtabodyblow bythepandemicasproductionandemploymentarehit, severelyaffectingtheunorganisedsectorwhich employs94percentoftheworkforce By Prof Arun Kumar O UNI

11. | INDIA LEGAL | April 13, 2020 11 airlines and so on are impacted. Malls, cinemas and so on have been closed. Use of taxis and buses has plummeted. Demand for petroleum products has declined and so also for cars. The economy is so inter-linked that this cascades down to production and employment in other areas. Organised sector workers are being told to take unpaid leave and pay cuts. Globally, governments are appealing to businesses not to retrench workers or cut their wages. W hile those employed in the organised sector in India have some security of employment, that is not the case with unorganised sectors. Even many employed in the organised sector are contract workers who have been laid off. Workers at airports, shops, hotels, restaurants, etc., face loss of work and incomes. Many self-employed, not able to move, like those in repair and maintenance or auto drivers, are also losing work and incomes. Since the unorganised sector employs 94 percent of the workforce, the consequent fall in demand is large. In the already slowing Indian economy, data from the RBI had pointed to decline in consumer confidence. Due to the fear factor, this has declined further. People were already spending on necessities and less on discretionary items. With the lockdown, this has stopped altogether. The well-off, anticipating a lockdown, had increased their holding of cash and stocked up on essential items at home. Shelves in supermarkets across the globe have been emptied out. Payment via electronic forms and BLEEDING BUSINESS (Left) Many commercial hotspots have been shut due to the lockdown; thousands of jobless workers have walked from their work- places to their native villages in other states UNI

12. 12 April 13, 2020 internet may increase as happened during demonetisation but overall, purchas- es will decline. The poor who have little savings cannot stock up on essentials. We need to plan to provide them with the essentials of life and health services, as and when they need them (possibly free). The small sector which produces cheap products for the poor and ancil- laries for the large and medium sectors has largely shut down. The cottage sectors are also in a similar situation. Or- ders are cancelled and using force ma- jeure, payments are withheld, which puts pressure on working capital. Even when the disease is controlled, there would be no working capital to restart production. The collateral used for taking loans is in danger of being encashed by lenders and/or the debt would balloon. NPAs are likely to rise as businesses fail or close down. Globally, many governments are addressing these issues. Reports suggest that globally, health facilities are getting overwhelmed and choices are being made as to whom to treat. If this happens in India, and it can occur very quickly, given our situation of crowded living, poor hygiene and poor nutrition and weak health infrastructure, the poor will be at the tail end. Commodity prices fall as demand declines, which should raise demand in normal times but this is not going to happen as consumer confidence is down. For instance, decline in petro goods prices will lower inflation but as travel is restricted, more of diesel will not be used. Prices of essentials will rise due to shortages and hoarding and not general inflation. There is a real danger of a deflation which can have a severe impact on the financial sector. I nterest rate cut by central banks like the Fed in the US and the RBI in India will not be effective as profits are evaporating. It will also not boost investment as capacity utilisation has declined. Highly leveraged companies can collapse as profits plummet. The finance sector, highly interconnected, will totter in spite of availability of liq- uidity. Fiscal policies can help maintain some demand via some employment generation and cash transfers or supply of free essentials to the needy. Increased expenditures on health facilities, basic infrastructure, preventing business failures and public distribution are some of the things that need to be done. As production falls, government revenues will decline. But expenditures will rise due to the above mentioned requirements. The arbitrary target of keeping fiscal deficit at 3 percent of the GDP has to be jettisoned. Clearly, this is not the usual business cycle in which monetary-fiscal policies can turn things around—they can only slow the economic collapse taking place. The only hope is that the virus dissipates soon. In brief, the future is unknowable and therefore, always uncertain. One can deal with it when change is not large or too unexpected. Covid-19 has spread rapidly, creating acute uncertainty and produced both a supply shock and a demand collapse. This situation is worse than in a war with economic activity almost at a standstill and especially hurting those at the margins. They need to be taken care of if things are not to deteriorate further. —The writer is Malcolm Adiseshiah Chair Professor, Institute of Social Sciences and author of Indian Economy since Independence: Persisting Colonial Disruption “Today’smeasuresareintendedatreachingouttothepoorest ofthepoor,withfoodandmoneyinhands,sothattheydonot facedifficultiesinbuyingessentialsupplies.” —FinanceMinisterNirmalaSitharamanwhileannouncingPM GareebKalyanSchemepackageonMarch26 “Financeisthelifelineoftheeconomy,keepingitflowing istheparamountobjectiveoftheReserveBankofIndiaat thispointoftime.” —RBIGovernorShaktikantaDas,whileannouncingmeasuresto combattheeconomicimpactofthecoronavirusonMarch27 Lead/ Economy UNI PIB

14. AccordingtoAmeyaJoshi,whorunsan aviationanalysiswebsiteNetwork Thoughts,Delhiairporthasparked205 commercialplanesandevenclosedone ofitsthreerunwaysforthispurpose. Lead/ Economy/ Aviation 14 April 13, 2020 HE disastrous effect of Covid-19 has been especially hard on the aviation sector globally. In India, the 21-day lockdown led to the grounding of over 1,400 aircraft, including 674 commercial ones. This was accompanied by massive can- cellations and rebookings. Air cargo operations, flights carrying medical kits and special ones repatriating passengers were the only ones left unscathed. Alexandre de Juniac, D-G, International Air Transport Association (IATA), said in a letter to Prime Minister Narendra Modi that Indian airlines were in “grave and immediate danger” of insolvency and this could reduce about 5.75 lakh jobs in Indian aviation. “IATA estimates that Covid-19 could result in a nine percent loss in passenger volumes and $2.1 billion loss in passenger base revenues for the air transport market in India in 2020,” he said. Globally, airlines may burn through $61 billion of their cash reserves during the second quarter ending June 30, 2020, IATA said. Full-year demand would fall by 38 percent and revenues drop by $252 billion compared to 2019. “We are looking at a devastating net loss of $39 billion in the second quarter. This will be amplified by a $35-billion liability for potential ticket refunds,” said de Juniac. In addition, Sydney-based aviation consultancy CAPA forecast that India’s domestic aviation industry could incur losses of $3.3-$3.6 billion in the first quarter of 2021 if flights remain grounded till June-end. It said that domestic airlines could lose approxi- Crash Landing Thesectorwillbehardesthitbythepandemic,withexpertspredictinga$3.3-$3.6bnlossto Indiadomesticallyinthefirstquarterof2021andareductionof5.75lakhjobs By Shobha John T BELEAGUERED SECTOR Grounded flights at Delhi airport as the lockdown and passenger fears halt work

15. | INDIA LEGAL | April 13, 2020 15 mately $1.75 billion, airports and con- cessionaries between $1.5 and $1.75 billion and ground handlers between $80-90 million despite a fall in crude oil prices. Prior to Covid-19, this sector’s economic contribution in India was estimated at $35 billion, supported 6.2 million jobs and contributed 1.5 percent to the country’s GDP, IATA said. A senior aviation professional told India Legal on condition of anonymity that discussions were going on with the government to urge it to give some reprieve to the floundering sector. The airline industry was looking for a defer- ral of statutory dues or even cutting them off, passing reduced oil prices to airlines, opening lines of credit, reduc- ing various taxes, be it on aviation tur- bine fuel (ATF) or parking at airports, and cash funding of workers (mainly daily wagers), he said. However, the sector also understood that it wasn’t completely in the hands of the aviation ministry to do this and it would need to consult with the finance and petroleum ministries to take this further, he added. Some in the sector were also disap- pointed that the government had not done enough for it, unlike other countries. (See box) Passengers too are anxious about getting a full refund on can- cellation of tickets. While the Direct- orate General of Civil Aviation has assured that this will be looked into once the situation returns to normal, the fact is that no airline has offered to refund money. Though there were reports of the centre planning a $1.6 billion relief package for the aviation sector after the Covid-19 outbreak, it is nowhere in sight. The only response was from Hardeep Puri, Union aviation minister, who tweeted: “We are locked down, but not bogged down. Our aviation officials and professionals are working round the clock with determi- nation and patience. The aircraft are crisscrossing the skies to ensure that ICMR kits for testing Covid-19 reach on time.” CAPA predicted that the April-June quarter, traditionally one of the stronger quarters for Indian airlines, is increas- ingly looking like it will be a washout. It said most Indian airlines had not structured their business models to withstand even regular shocks such as elevated fuel prices or economic down- turns, let alone once-in-a-century events. It said that if there was a three- month shutdown, IndiGo’s healthy cash reserves could get wiped out and smaller carriers forced to exit. All this would affect traffic growth, fleet expansion, pricing, costs and business models. This will naturally mean that aircraft orders will be deferred or even cancelled and leased planes returned. Low-cost carrier SpiceJet has already returned a leased Airbus A320 to Bulgarian lessor BH CRISIS MANAGEMENT Cargo charter flights with medical equipment and medicines have been operating on several routes in India CAPAhasforecastthatdomesticairlines inIndiacouldloseabout$1.75bn, airportsandconcessionaries between$1.5-$1.75bnandground handlersbetween$80-90m.

16. on outstanding payments for airports for three to six months. Lastly, it suggests bringing ATF under GST, apart from providing a waiver of three to six months on airport charges as and when services resume. In the interim, sales tax should be reduced to four percent, it said. It is obvious that waiving off taxes on ATF will be a life-saver as fuel amounts to nearly 40 percent of an airline’s oper- ational cost. In India, these taxes vary from state to state. Karnataka, for example, levies three kinds of rates on airline fuel—one percent for flights covered under the Regional Connectivity Scheme, five for airplanes weighing below 40,000 kg and 28 percent for heavier planes. If this scenario wasn’t bad enough, flight crew who were instrumental in getting passengers back to their countries were harassed and stigmatised. Such was the paranoia among the public that an Air India air hostess reportedly said that her neighbours threat- ened to evict her from her apartment 16 April 13, 2020 Air recently. Meanwhile, airlines have set in cost- cutting measures, in some cases severe ones. It was led by SpiceJet which cut salaries between 10-30 percent in March. Its chairman Ajay Singh took a 30 percent pay cut. It also announced “leave without pay” during March 25-31 when the lockdown was in progress. Angry and anguished employees took to Twitter to vent their fury showing, in some cases, paychecks around Rs 2,000 only. The airline later said that some staff who were entitled to a flying or performance allowance would be getting their salaries in two parts. At IndiGo, which has 48 percent market share domestically, senior employees have taken a pay cut of up to 25 percent, starting with CEO Ronojoy Dutta. GoAir laid off its expat pilots, initiated a short-term rotational leave without pay programme and announced a pay cut for all employees for March. Vistara implemented its compulsory leave without pay for up to three days for senior executives and line pilots took a salary cut, in some cases up to Rs 40,000. April increments were deferred to July. Air India cut 10 percent in the allowances of all employees. T he silver lining in the cloud is that some vital flights are still taking off. Air India and Alliance Air are operating cargo charter flights— mostly with medical equipment and medicines on several routes. On March 28, essential items and ICMR kits were transported from Delhi to Aizawl, Kolkata and Hyderabad and another flight took off with essential items from Mumbai to Pune, Bengaluru and Thiruvananthapuram. Air cargo was also carried from Delhi to Pune and ICMR kits from Pune to Patna. So what should the government do for the aviation sector? CAPA has recommended a three-stage support package for airlines. In the first phase, it has called for a cash infusion to support part-payment of salaries up to a certain grade for three to six months. In the second phase, it suggests a moratorium “Covid-19couldresultin aninepercentlossin passengervolumesand $2.1billionloss inpassengerbase revenuesforIndiain2020.” —AlexandredeJuniac,D-G,IATA “Wearelockeddown,butnotbogged down.Ouraviationofficialsandprofes- sionalsareworkingroundtheclockwith determinationandpatience.Theaircraft arecrisscrossingtheskiestoensurethat ICMRkitsreachontime.” —HardeepPuri,Unionaviationminister “Wehavetopaycarefulattentiontoour cashflowsothatwedonotrunoutof cash.Unfortunately,thismeansthatwe havetoreduceourcostsinlinewiththe dropinrevenues.Iampersonallytakinga 25percentpaycut...” —RonojoyDutta,CEO,IndiGo Lead/ Economy/Aviation

17. Ahelpinghand Measures taken by governments worldwide for the aviation sector which supports over 30 million jobs US: Congress gave a whopping $58 billion stimulus package for airlines, half in grants for paychecks to its 7.5 lakh employees and the rest in loans to help them keep operating. The Treasury Department, reports said, can demand stock options in return for the loans. However, Boeing is unlikely to take this aid if it comes with strings attached. The stimulus package also includes $100m for general aviation airports Australia: announced a US$430m relief package and waiver of fees including aviation fuel excise, air services charges on domestic airline operations and domestic and regional aviation security charges New Zealand: will open a US$580 million loan facility to the national carrier as well as relief for the aviation sector Singapore: undertaken relief measures at US$82 million, including rebates on airport charges, assistance to ground handling agents, and rental rebates at Changi Airport. Up to US$13.27 bn given to Singapore Airlines—the single biggest rescue for any airline UK: airlines await a rescue package. | INDIA LEGAL | April 13, 2020 17 while she was heading to the US, saying she would “infect everyone”. Her husband had to call the police. Some staff was stopped from entering their own residential premises by security guards. “We also have families and children that we leave at home to help fellow citizens ... The least we expect is for our col- leagues to not be harassed and ostracised,” said one of them reportedly. A viral video put out by a journalist one night showed chaos on Lawrence Road in Delhi at the home of an Air India cabin crew. It showed a man with a handkerchief around his face yelling into the camera, presumably held by the employee. The public has forgotten that airline personnel have worked during these trying times at great risk. Already, a first officer of SpiceJet, a cabin crew of Air India and a ground staffer of the airline have tested positive. Airline employees too became emo- tional as flights came to a halt. A Virgin Australia cabin supervisor final landing announcement brought people to tears. Cassy wished the passengers the best “during these testing times” and said to her crew: “To my crew, words don’t come close to describing the family bond we all share. The friendships, hardships, laughter and tears.” She tear- fully said she counted herself “extremely lucky to have the pleasure of working alongside you all”. Meanwhile, planes have been parked at various airports all over India. According to Ameya Joshi who runs an aviation analysis website Network Thoughts, Delhi airport has parked 205 commercial planes and even closed one of its three runways for this purpose. Mumbai airport has nearly 100 planes parked there, Bengaluru, 71, Hyder- abad, 61, Kolkata and Chennai 54 and 53 respectively. “IndiGo has parked its aircraft at 18 airports across the country, while SpiceJet and GoAir have parked at 11 airports each. Air India has parked its aircraft at seven airports in the country, while Vistara and AirAsia India have parked their aircraft at six and five airports, respectively. The top six airports—Delhi, Mumbai, Bengaluru, Hyderabad, Chennai and Kolkata account for 85 percent of all the parked aircraft, with the rest in smaller cities. All that the aviation sector can do now is wait for the pandemic clouds to part and the sun to shine through. TESTING TIMES A SpiceJet crew keeps their spirits up even with masks and protective gear

18. Lead/ Economy/ Supreme Court/ Migrant Workers 18 April 13, 2020 OLLOWING a PIL in the Supreme Court, a bench asked the centre to ensure that all those whose migration was stopped in the wake of Covid-19 be taken care of in terms of food, shelter, nourishment and medical aid. The case was being heard by a divi- sion bench of Chief Justice SA Bobde and Justice L Nageswara Rao on a plea filed by advocate Alakh Alok Srivastava. The bench said: “We want to impress upon you that the panic will destroy more lives than the virus. You need counsellors. You can have bhajan, kir- tan, namaz or whatever but you have to give strength to the people.” After the announcement of the lockdown, a large number of migrants were stranded, with no mode of transport to take them back to their villages, the plea said. Many undertook the arduous journey on foot, hungry, thirsty and penniless. The petition prayed for basic facilities for them and for a direction to be given to the centre “to immediately identify such moving/stranded migrant workers and to immediately shift them to the nearest government shelter homes/accommodations with proper food, water, medicines and under medical supervision, in a dignified manner, till the present Coronavirus Lockdown continues”. It said that the fundamental rights of these workers under Articles 14 and 21 were being violated, and that too, in the most heart-wrenching and inhuman manner. It feared that the workers would be stigmatised and face the uncertainty of not being accepted in their villages. Since the announcement of the lockdown, many migrants had also fallen victim to fake news through social media. One incident was reported in Delhi where migrants from UP and Bihar were told that they would be provided bus facilities to their hometowns. This, even as public transport was shut. Scores of people on hearing this news rushed to Anand Vihar bus terminal where it became a challenge for the administration to control the situation. The entire purpose of the lockdown thereby seemed to be failing. Left with no choice, they started walking hundreds of kilometres. Many transport operators also charged huge sums from them to send them home illegally, bypassing state borders. The petitioner further stated that the mass exodus had raised concerns that this could turn into a humanitarian crisis. During this crisis, concerned authorities seemed clueless about the large conglomeration of migrant workers at certain places. Their lack of coordina- tion left this vulnerable group in dire straits. However, later, the UP administration said it would arrange 1,000 buses to take these migrants to their native places. The home ministry then issued a notification directing all states to not allow any migration as this would defeat the very purpose of the lockdown. A detailed reply was filed by the centre on March 31 in the Court showing all the steps and details of notifications issued. The Court said the first priority was to prevent the spread of Covid-19 and then interstate migration. The Court also directed it to create a portal within 24 hours of healthcare professionals who would answer queries on Covid-19 and take steps to prevent the spread of fake news. The case will be heard on April 7. A Ray of Hope TheCourthasaskedthecentretotakecareofmigrantlabourand providethemshelter,food,waterandmedicinesandcalmtheirfears By Vedant Bhelonde F GUIDING ROLE CJI SA Bobde and Justice L Nageswara Rao said the priority was to prevent the spread of Covid-19 and then interstate migration. It also showed concern over fake news on Covid-19 UNI

19. NDIA EGALEEL STORIES THAT COUNT NI March2, 2020 TheIronFistIncreasingly,Section144isbeenusedbypoliticiansandbureaucratsto deprivecitizensoftheirfundamentalrights.Nowthecourtshavesteppedin tostemthemisuse,butisitenough? Justice Chandrachud: “Dissent not anti-national” NO HOLDS BARRED Don’t miss a single issue of this independent, scintillating new weekly magazine and get special discounts for yourself and your friends For advertising & subscription queries editor@indialegalonline.com SUBSCRIBE TO INDIA LEGAL GET FABULOUS DISCOUNTS ` ` ` ` ` GAL an ou ? NDIA EGALEEL STORIES THAT COUNT NI March9, 2020 Judiciary’sRoleina ChangingWorld TheInternationalJudicialConference2020wasthefirstofitskindorganisedbytheSupreme Courttodiscusscontemporarychallengestothejudiciary.Therangeofspeakers,fromthe chiefjusticeofIndiaandotherseniorjudges,gavevaluableinsightsontohowthecourtsview theirresponsibilitiesinrapidlychangingtimes Coronavirus: How prepared is India? GAL eee o or nge so es NDIA EGALEEL STORIES THAT COUNT NI March16, 2020 LawandDisorderCrucialmattersthatcameupintheSupremeCourtandDelhiHighCourtindicateacrisisinIndia’s basicgovernance.TheCrPCandPoliceActsclearlylaydownthatitisthejobofDMsandSDMsto maintainlawandorder,buttheirrolehasbeentakenoverbythepolicewithquestionableresults Fast Track Courts: New scheme GAL oturt sth ce NDIA EGALEL STORIES THAT COUNT NI March23, 2020 JusticeVenkatachaliah,whoservedaschiefjusticeofIndia,isoneofIndia’smostrespectedjurists.Anavid championofhumanvaluesandrights,hespoketo RAJSHRIRAI,MD,INDIALEGALonthejudiciary,religion, Ayodhya,upbringingofchildrenandwhytheSupremeCourtshouldbetrustedtodotherightthing JusticeVenkatachaliah ‘‘KeepFaithin theJudiciary’’ Coronavirus: India’s opportunity Exclusive Interview DIAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA EEEEEE sm LE GAL tru a n y NDIA EGALEEL STORIES THAT COUNT NI March30, 2020 Judgesandlawyersincourtsarestrugglingtodispensejusticeevenasthefearoftransmissionof thevirustakeshold.IndiaLegal’sspecialpackagelooksat measuresbeingtakenbytheSupreme CourtandHighCourtsacrossthecountryandhowitaffectsthejusticesystem CoronavirusPlagues TheCourtSystem Special Supplement: The Idea of Citizenship Analysing SC’s Annual Report: Prof Upendra Baxi tast bee thh GAL a tt NDIA EGALEEL STORIES THAT COUNT NI April6, 2020 dolegalprovisionsortheConstitutionallowthegovernmenttotakemore seriousmeasuresthana21-daytotallockdownifthepandemicworsens? howKeralaisshowingtheway doesstampingofforearmsandpastingofquarantinenoticeson residencesviolatehumanrights? thecurse oftheblackmarket theSAARCinitiativeonCOVID-19andwhyPakistanisplayingspoilsport TheCOVID-19Emergency Bank Failures: Scope for scams

20. Health/ Covid-19/ Insurance 20 April 13, 2020 N the time of Covid-19, a key concern of the public has been the expenses that will be incurred if they get infected. Will their health insurance policies cover the expenses and if they are denied, is the government equipped to intervene? Some health insurance policies are HDFC Ergo Health Insurance, SBI Health Insurance, Religare Health Insurance, Reliance General Health Insurance, etc. But does India have laws to regulate them? The Parliament passed the Insurance Regulatory and Development Act, 1999 (IRD Act) with the aim “to provide for the establishment of an Authority, to protect the interests of the policy holders, to regulate, promote and ensure orderly growth of the insurance industry, and to establish the Insurance Reg- ulatory and Development Authority (IRDA) as a statutory authority responsible to regulate and promote the insurance industry in India and protect the interests of insurance policy holders”. The main aim of the health industry is not just to sell insurance policies but also provide timely and efficient claims when their requirement arises. In order to avoid misunderstanding and ambigu- ity, IRDA has defined guidelines to stan- dardise health insurance through the Insurance Regulatory and Development Authority of India (Health Insurance) Regulations, 2016. In the wake of the Covid-19 outbreak, IRDA took immediate measures through a circular on March 4, 2020, and issued guidelines for health insurers asking them to expe- dite coronavirus-related claims in case of hospitalisation. The circular stated: “Where hospitalisation is covered in a product, costs of admissible medical expenses during the course of treatment including the treatment during quarantine period are settled per applicable norms.” The regulator emphasised that insurers shall review the claims thor- oughly before clearing them. So insurers are now mandated to cover hospitalisation as well as quarantine expenses if the insured tests positive for Covid-19. IRDA issued instructions to life insurance companies on March 23 with reference to Covid-19 death claims and insurers were directed to settle the claims expeditiously. Any health insurance contracts already issued regarding admissibility of Covid-19 claims should be put up on the website, it said. On March 30, IRDA again issued instructions and encouraged insurance companies to devise insurance products that would provide protection from the risks of Covid-19, and to fast-track such cases. Despite these directions, there was panic among the public regarding the coverage of coronavirus in health insurance policies. These were due to the following reasons: pandemics or epidemics are often excluded under many health insurance policies health insurance claims are payable after hospitalisation of at least 24 hours and most policies in India don’t cover outpatient treatment if the insured is already under treatment for any respiratory-related disease, claims under a regular indemnity type health insurance policy or a specific coronavirus insurance policy might not get settled refusal of a claim in case the insured contracts the disease within the policy waiting period. Even though insurance companies stated that they would do the needful for their policyholders, the pandemic New Insurance Umbrella FollowingdirectionsfromIRDA,variousinsurancecompanieshavereachedouttoCovid-19patients By Srishti Ojha I HOSPITAL TREATMENTS A Covid-19 patient undergoes treatment in ICU and in isolation UNI

21. | INDIA LEGAL | April 13, 2020 21 aspect was expected to change the equa- tion. With over 1,18,000 cases of Covid- 19 in 114 countries, WHO declared it a pandemic on March 11. With an increas- ing number of such cases and the possi- bility of a rise in deaths, insurance companies may deny claims as the cost of tests and treatments could rise too. Digit Insurance launched a health policy for coronavirus patients, covering both positive and quarantined cases. Under it, if the insured is tested positive and files a claim, he would be eligible for 100 percent of the sum insured. And in case he is quarantined, which could lead to a loss of income, he would be eligible for 50 percent. The policy imposed certain conditions such as the insured should not be in contact with someone with a suspected history of coronavirus till the policy ends, should not be suffering from any Covid-19 related symptoms for the last six weeks and he or immediate family members should not have travelled to China, Japan, etc., since December 1, 2019. Future Generali India Insurance Co- mpany announced a group insurance policy for coronavirus whereby a lump sum benefit will be given in case the insured is diagnosed with it and is confirmed by a medical practitioner along with a government/WHO-approved lab or quarantined for suspected symptoms. It will cover all, from a day-old infant to a senior citizen up to 75 years of age. Edelweiss General Insurance will cover hospitalisation for not only those who have a confirmed diagnosis but also those who have been quarantined in facilities identified by the government. For the quarantined, it will also cover the entire period with up to 100 percent of the claim amount being paid. S tar Health and Allied Insurance launched the Star Novel Corona- virus Insurance Policy which will cover all those testing positive and requiring hospitalisation. It will provide a lump sum payment to any insured aged 18 to 65 years who are declared positive by a government accredited test and is hospitalised for coronavirus and has no international travel history. ICICI Lombard introduced a “Covid- 19 Protection Cover” in group insurance mode that covers those in the 18-75 age bracket. The policy is priced at a premi- um of Rs 149 per employee and provides a sum of Rs 25,000, including value- added benefits such as health assistance, chat/virtual assistance, tele-consultation and ambulance assistance. Religare’s coronavirus health insurance plan covers hospitalisation and includes in-patient care, ICU charges and quarantine period at a registered facility. The cover will not be provided if the insured is quarantined at home or has undergone quarantine at any non- recognised facility. Reliance General Health Insurance will cover coronavirus from the day the insured is diagnosed with the infection, irrespective of the type of policy or how dangerous the infection is. It will be covered under the base policy of the insured as Covid-19 is a new disease and does not come under pre-existing diseases. The insured will be provided with all the covers, including in-patient treatment, pre- and post-hospitalisation and other tests and diagnosis. Aditya Birla Health Insurance under the existing cover of the insured will take care of the cost of admissible medical expenses during the hospitalisation. Treatment during quarantine inside a hospital will be also be settled. Other than these private insurance companies, the public sector New India Assurance has also introduced a policy of Rs 50 lakh per person for 22.12 lakh healthcare providers who are spearhead- ing the battle against coronavirus. This three-month insurance scheme was part of the Pradhan Mantri Garib Kalyan package announced by the finance minister in March. The policy will provide comprehensive personal accident cover, including accidental loss of life on account of Covid-19. The scheme takes effect from March 30 and will continue till June 2020. Those insured will be both public healthcare providers and private healthcare staff who may have to be in direct care of Covid-19 patients and risk being affected by it. One wonders how many people will go in for such specific policies when there are certain exclusions in them. Also, those already having a standard health insurance plan, which covers corona, may not need extra policies especially after IRDA directed all insurers to cover these cases. Nonetheless, IRDA’s constant attempts to bring Covid-19 patients under its umbrella are reassuring. TheIRDAissuedacircularon March4,2020withspecificguidelines forhealthinsurersaskingthemto expediteCovid-19relatedclaimsin caseofhospitalisation. IRDA

22. Column/ Lockdown MG Devasahayam 22 April 13, 2020 HE clangs and claps of the March 22 Janata Curfew had hardly died down than Prime Minister Narendra Modi appeared on national TV at 8 pm on March 24 to declare a nationwide “sarkari curfew” of 21 days with effect from midnight. By then, about 21 states had already announced lockdowns of different durations and were enforcing them in various degrees. The prime minister’s draconian declaration is intriguing because only the previous day the cabinet secretary and principal secretary to the PM had in consultation with state chief secretaries announced measures to contain the corona pandemic. This included complete shutdown of 78 districts/cities across the country, identified as hotspots of Covid-19 and where only essential services were allowed to operate. State governments were allowed to expand the list depending on their assessment of the situation. In the meantime, all interstate bus services were to be suspended till March 31. This is called risk-based management which is in line with the advice given by leading experts on the subject. They advocate “cocooning” for countries like India with high population density, where mass-scale quarantine and a nationwide lockdown are near impossible to implement. Cocooning is a measure to protect those over 70 years or those medically vulnerable by minimising interaction between them and others. This means that these people should not leave their homes. Even within their homes, they should min- imise all non-essential contact with other members of their household. This is to protect those who are at high risk of severe illness from coming into contact with the virus. The other variation of cocooning is Draconian Measures Lockingdownanationof1.3billionwhichhadlessthanfourhourstoprepareforithas resultedinahumongoushumancrisis.Othermethodscouldhavesecuredbetterresults T HARD DECISIONS Prime Minister Modi announcing the 21-day lockdown in a televised address

23. | INDIA LEGAL | April 13, 2020 23 to identify city/district/region-wise hotspots with these measures being practised by all sections of people. Such a strategy could have been effectively implemented and scaled up if need be with the help of our highly competent armed forces. India was probably moving in this direction when Modi jumped the gun and clamped the curfew throughout the country at one go. He finished his speech at 8.30 pm and a nation of 1.3 billion—rich, poor, old, infirm, disabled, women, youth, children and infants—constituting one- sixth of the human race had just over three hours to shut down everything, provide for their livelihood and move to a place of safety to spend the next 21 days in “solitary confinement”. As if in response, Dr Tedros Adhanom Ghebreyesus, D-G of WHO, took to the media and said: “Asking people to stay at home and shutting down population movement is buying time...But on their own, these measures will not extinguish epidemics.” Then he went on to suggest six measures to combat the deadly virus: first, expand, train and deploy your healthcare and public health workforce implement a system to find every suspected case at the community level ramp up the production, capacity and availability of testing UNI India’scorona chronology January 1: India’s first travel advi- sory was issued. It kept evolving January 30: WHO declared the outbreak a “Public Health Emergency of International Concern” February 3: A Group of Ministers chaired by the Union health minister was constituted to monitor the situation February 12: Rahul Gandhi warns in his tweet: “The Corona Virus is an extremely serious threat to our people and our economy. My sense is the government is not taking this threat seriously. Timely action is critical” February 28: WHO raised the level of risk to “very high” March 4: Rahul repeats his cau- tion and is trolled by the BJP IT cell March 5: The PM is personally monitoring the preparedness and response on a regular basis, states the health minister in Parliament March 11: WHO labels the coronavirus outbreak a pandemic March 22: Janata Curfew March 24: Lockdown with less than four hours’ notice. DIFFICULT TIMES People buy groceries while maintaining a distance in Hyderabad; (left) Migrant workers sprayed with disinfectants in Bareilly Youtube

24. 24 April 13, 2020 identify, adapt and equip facilities you will use to treat and isolate patients fifth, develop a clear plan and process to quarantine contacts lastly, refocus on suppressing and controlling Covid-19. According to him, aggressive measures to “Track, Trace, Test, and Treat” (T4) is the best way to prevent and contain the pandemic. None of these measures found men- tion in Modi’s speech which ad nause- aum repeated “social distancing” as the only panacea. As per industry experts, the complete 21-day shutdown would cause a severe, disruptive impact on both demand and supply across sectors. They estimate the cost of the lockdown at around $120 billion (Rs 9 lakh crore) or 4 percent of the GDP. Further, with 94 percent of India’s workforce employed in the unorganised sector, this lockdown would effectively put over 45 million migrants out of work. India’s economy, already on dialysis because of demonetisation and other economic excesses, could go into coma. With standing crops awaiting harvesting, far- ming has already gone into a tailspin. R endered jobless and wageless overnight, millions of migrant labour became paupers. With all forms of transportation suspended and police resorting to brutality, the heart-rending scenes that followed and the pathetic exodus from major cities are to be seen to be believed. The hor- rendous part of it happened six days down the line. On an executive fiat issued by the home ministry, these les miserables inching their way home were halted in UP, crowded together and sprayed with “disinfectant chemicals” as if they were the corona virus itself. In neighbouring Haryana, migrant labour was ordered to be herded together and locked inside “indoor stadiums” converted into “tem- porary jails”. These humans were deprived of their last vestiges of dignity. And an individual sans dignity is nothing but “meat-on-feet”. This is reminis- cent of Nazi Germany’s Holocaust days. It is pertinent to note here that the prime minister of New Zealand which has a population of less than 50 lakh gave 48 hours’ notice and South Africa with less than six crore gave 72 hours’ notice for lockdowns. But India with 1.3 billion people had less than four hours. Such was the rank unprepared- ness of the government. In the event, even after a week, with masses of jobless, homeless and cash- less people moving like herds, the very fundamentals of “social distancing” stood abandoned. Yet, tongue-in-cheek, the government described this response to Covid-19 as “pre-emptive, pro-active and graded”. Such perversion is not without reason. As Covid-19 was spreading worldwide, India had ade- quate advance notice. (See box) Such dismal planning and preparedness was due to the political leadership being busy elsewhere. Instead of expanding and strengthening the healthcare infrastructure and testing facilities, it was engaged with the ven- omous Delhi state election campaign O n March 30, 2020, I came to know about abuse of power by the police personnel in Challera village, Gali No 3, PS- Noida Sector 39, Dist- Gautam Buddh Nagar. At around 9.45 am, two vehicles, with more than six police personnel, were making an announcement to not to come out of homes, and under the guise of Section 144, never gave a second thought before hurling sticks at any person seen outside home. The victim was standing on the ter- race of his rented house with his mobile phone and when the police personnel saw the victim, they started to hurl abus- es and kept banging the gate of his house. When the victim asked for the reason of doing so, they started to threaten him, and when he opened the gate, four-five police personnel held him by the neck, dragged him inside the police vehicle and started thrashing him mercilessly. He was beaten continuously for an hour. The victim stated that in the vehicle he saw bricks and stones and the police personnel pinned him down with their legs and beat him as if he were a terror- ist. When the victim started to bleed from the mouth, the police personnel stopped the beating. Neither was he informed why he was detained or beaten, nor was his family informed about his whereabouts, and therefore on the face of it, the police personnel arrogantly violated the guidelines of DK Basu vs State of West Bengal (1997) 6 SCC 642 observed by the Hon’ble Supreme Court of India. The policemen alleged that he was making a video of the cops beating citizens on the street, but when on search the police didn’t find anything in the victim’s mobile, they deleted everything from it. SHO Neeraj Malik told the constables: “He’s got enough thrashing, just leave him.” The constables and SI Devendra Rathi then said: “Today Yogi ji (CM of UP) is coming to Noida. Since there are no cases in Noida Sector 44, we will reg- ister an FIR against him under Section 188 (Disobedience of order duly promul- gated by public servant) of the Indian Penal Code (IPC) so that Yogi ji will come to know we are showing strictness on the streets and this police station will get an appreciation.” The SHO said that they didn’t have any evidence against him, and so he directed the constables to record a video of the victim forcing him to state that he was causing obstruction to police work. When the victim denied this, they Eyewitnessreport Supreme Court advocate Simanta Kumar took up the case of an incident of police brutality under the garb of Section 144. His report: Column/ Lockdown/ MG Devasahayam

25. down was imposed under the Epidemic Diseases Act, 1897, on the ground of containing a suspected outbreak of epidemic. In the present case, neither a riot nor “unlawful assembly” are involved. Yet Section 144 was imposed, subjecting individuals going about to procure essential supplies or medicines, and migrant labourers on their arduous walk to reach their villages, to indignity and police brutality. As of now, as many as 22 migrant workers have died in their attempt to return home. Locking down 1.3 billion with the resultant mayhem, chaos and conges- tion is the worst way to contain the contagion. By adopting the T4 method- ology, Asian countries such as Japan, South Korea, Taiwan and Singapore have successfully contained the spread of the virus. This meant the government taking responsibility instead of burdening the people with it. Practising this approach would have gone a long way in coping with Covid-19. A humongous human crisis has been dealt with in the most inhuman manner. Now experts are advising extension of curfew due to contagion dangers caused by the migrant exodus. But the cabinet secretary has said no to it. Extended or not, with such dismal governance, India’s future appears bleak. — The writer is a former Army & IAS officer. He has served as SDM and DM in Haryana and Chandigarh | INDIA LEGAL | April 13, 2020 25 and the Rs 20,000 crore Central Vista, a fancy real estate project. As Covid-19 was spreading, the BJP national leadership was busy with “Namaste Trump” and purchasing MLAs to form a government in MP. There was little response to the expert’s call to adopt the T4 solution to deal with the virus. O ver the weeks preceding the national lockdown, four central laws—the Epidemic Diseases Act, CrPC, Disaster Management Act and Essential Services Act—were invoked with stringent clauses. All these laws, except the CrPC, are meant to facilitate planning, preparing and managing natural and man-made dis- asters in a systematic manner without panic and causing least inconvenience to the public. But in the case of coronavirus, though there was enough warn- ing, the centre and some state governments miserably failed in this critical aspect of management. To cover this unpardonable failure of governance, the centre resorted to the lockdown, thereby unleashing pandemonium to contain a pandemic. A lockdown, according to the Oxford Dictionary, means confining prisoners to their cells, typically in order to gain control during a riot. As a corollary, restrictions under Section 144, CrPC are imposed whenever there is an imminent threat to human life due to rioting, communal clashes or distur- bance to public order. But the lock- slapped him and asked him from which state he belonged to and how much he earned? The victim stated that he was from Jharkhand, and then the SHO started hurling racial abuse at him: “Saale Bihari 5,000-6,000 kamaane ke liye poora Delhi and Noida ko gandaa kar dia he, tum saalon ka encounter kar dena chahiye…maaro saale ko (These Biharis come to earn Rs 5,000-6,000 and then go about violating Delhi and Noida. These people should just be killed in encounter, beat him up).” The constables again started thrashing the victim and demanded ransom. The victim said he won’t pay a single penny to them. After that, the SHO transferred the victim to IO Raghvender Singh of PS Sector 39 and there, Constable Sanjay Singh registered an FIR under Section 188 of the IPC. The victim was detained in the police station of Sector 39, Noida, and forced to undergo a medical test as a criminal procedure. The victim requested them to give him a shirt, a mask and gloves as he was only wearing a trouser and a vest. The police personnel again started to abuse him and said: “Mar saale Bihaari Corona se. (You Bihari, go die of Corona).” The wife of the victim called around 11 am to the Police Helpline 112 and told them of all the facts of the case. She was assured that police will come to her within a short time. However, no one came and after an hour, she was told that her husband was detained in Sector 39 police station and she was asked to visit the police station with a shirt. The wife of the victim called me and I immediately accompanied her to the Sector 39 police station. They told us they won’t release him. I incessantly requested them, and after a few hours, the victim was released on bail. I requested for the FIR and medical copies, but they refused to hand them over. "Askingpeopletostay athomeandshutting downpopulation movementisbuying time...Butontheir own,thesemeasures willnotextinguish epidemics.” —DrTedros AdhanomGhebreyesus, D-GofWHO

26. 26 April 13, 2020 HE sight of a vast multitude of migrants attempt- ing to leave the capital for their villages at any cost was a humanitarian ni- ghtmare. Was it inept mishandling by the state machinery or deliberate misinformation regarding availability of public transport which led this vast multitude of now homeless and jobless people to violate all precautions against the spread of the deadly coronavirus? This desperate multitude is putting not only the capital but also villages they are heading for under the grave threat of community spread of the virus. One could not have imagined that a day such as this would arrive for people within their own land and in a democracy. However, we must also realise that for a nation like India with such a huge population and equally large state machinery, a situation such as this is not uncommon and has happened earlier on many occasions for different reasons in the last eight decades. In the present case, the state machinery should have had a plan in place. If proper civil defence and safety procedures had been worked out following SOPs (Standard Operating Procedures), this tragedy could have been avoided. In normal circumstances, the state machinery should have had plans to accommodate this mass of people in proper camps with civic and medicinal facilities. However, in the absence of such a system, the CIMIC (Civil Military Co- operation) procedures by the state should have been in place, planned and documented in SOPs written decades Migrant Crisis and Civil Defence Theenormoussufferingandchaosunleashedbythesuddenexodusofworkersfromcitiescould havebeenavertedifpropercivildefenceandsafetyprocedureshadbeenworkedout Column/ Covid-19/ Army’s Role Wg Cdr Praful Bakshi READY TO TAKE ON COVID-19 Medics at the Army wellness centre, Jodhpur, examining Indians who landed from Iran T

27. | INDIA LEGAL | April 13, 2020 27 back. The CIMIC operations would have directly involved the military, assisted by paramilitary units and helped by the home ministry. The affected migrants could have been diverted to proper camps or in acquired buildings like schools and stadiums with medical and other requirements till the crisis was over. The last resort would have been to escort the people involved back to their native places. However, the only catch in this entire process is that this huge mass of humanity could have a large number of coronavirus-infected people amongst them who would carry the virus to their native places. Consequently, all of them need to be quarantined for the required period and the infected ones separated from the rest. I n the absence of alternative accom- modation, the Army and the paramilitary units can create large tent- ed camp areas with field accommoda- tion, including kitchen and toilet arr- angements, along with medical and isolation facilities. This team can be supported by experts from the Red Cross and St John’s Ambulance. This process has to be a part of the civil defence operations which should have come into play when the emergency operations started. This process is a part of the internal security doctrine which spells out the necessary policies and SOPs. After the period of quarantine is over but the emergency situation—the epidemic—continues and the workers have nowhere to work or live and still want to go back home, there would be no other choice but to transport the non-affected populace to their respective districts/ state capitals by rail or road. So what should the process of trans- porting people back to their home districts have been? Call an immediate meeting of the Chief of the Defence Staff (CDS), Chair- man, Railway Board, and a senior secretary from the home ministry. The CDS should ask the Army to form a joint Operation Room in the form of NEEOC (National Emergency Evacuation Ops Centre), manned by personnel with appropriate seniority from Services, the Railways and the home ministry. The home ministry must ascertain the total number of people involved in the crisis and requirement of transportation along with the destinations involved. This would help the Army to calculate the number of units needed to help build the camps in the first place and thereafter be available to escort the migrants to the places earmarked. The Army must provide the required number of units to escort the migrants to their destinations. The units must have the necessary medical support. Also, if any camp is required at the destination then the closest military/Air Force station be asked to take charge along with local administration and medical department. The Railways must, as per home ministry projections, calculate and provide the required number of trains which would transfer the people with the Army escorts to the destinations. Stations en route must be informed and asked to prepare for any eventuality. The home ministry, along with the destination state, will ensure that proper camps to receive the transferred people are made ready along with quarantine facilities. Here the local police and paramilitary units can be put in aid of army and the administration. Most impor- tantly, paramilitary forces like BSF and ITBP should be made ready if required to assist the army in any way. The Air Force, too, should be involved with at least one unit of medium lift hel- icopters and medical evacuation heli- copters to be ready with emergency medical teams. All the above mentioned organisa- tions must be kept in direct contact with the NEEOC at Delhi. As the saying goes, the more we sweat in peace, the less we bleed in war. —The writer is a military analyst and air accident investigator PREPARING FOR BATTLE Defence Minister Rajnath Singh discussing the action plan of his ministry regarding Covid-19 Thecivil-militarycooperationwouldhave involvedtheArmy,assistedbyparamili- taryunitsandhelpedbythehomemin- istry.Themigrantscouldhavebeen divertedtocampsoracquiredbuildings. UNI

28. Column/ Covid-19/ Vivek K Agnihotri 28 April 13, 2020 N March 24, while announcing the unprecedented 21-day lockdown, the prime minister compared it to the war of Mahabharata which last- ed all of 18 days. The insinuation was that if it took 18 days to finish off the ruinous war of Mahabharata, the leeway of 21 days should be more than suffi- cient to decimate and drive away the evil of Covid-19. India’s battle against the coronavirus started on a war footing thereafter. The lockdown was an extension of the Janata curfew, which had preceded it on March 22. Doordarshan, the bouquet of 21 TV channels promoted by the government, decided to make its own contribution to the war effort. In its endeavour to keep lovers of soap operas and cinema enthralled at home, it decided to repeat two of its most popular TV serials, the Ramayana (1987-88) and the Maha- bharata (1988-90), with two episodes per day, seven days a week. A hypnotic dispensation, indeed. As I watched them, apart from the longer duration of each episode compared to the current crop, three things stood out in contrast. The fast pace of story execution: in six episodes, the Mahabharata serial covered four gener- ations of the Kurus; Bhishma (born as Devavrat in the second episode, as the eighth child of the Ganga) had become the uncle of two grown-up princes (Dhritarashtra and Pandu) by the sixth episode and Pandu had been crowned. Second was the near absence of breaks unlike today, which make you lose the thread of the storyline. There is no attempt to make do with very little new content by using devices such as “what has gone before” and “what is coming up” and many flashbacks, repeated ad nauseam. These interruptions, coupled with advertisements and previews of other serials of the channel, take up almost two-thirds of the serial’s half-an- hour slot. Finally, earlier there was smooth and uninterrupted conversation. No unhar- monious, and occasionally jarring background scores which drown the niceties of nuanced dialogue today. Again, in the Mahabharata, there are spells of silence when you can hear water being poured into a vessel; occasionally, there is no sound. What I also like are the subtle ways of depicting immaculate conception and how the mental state of the mother impacts the child. The corona pandemic is being tackled on a war footing. The two armies, comprising the authorities ostensibly backed by civil society on the one hand and the corona (sounding suspiciously like the Kauravas) on the other, are face to face on the battlefield of human car- nage. Each day, the enemy employs new tactics, forcing humanity to devise new strategies to meet the “novel’’ challenges. Arjuna is in doubt because of the irre- sponsible behaviour of some of his own tribe. How are we going to win this war? The central theme of the Mahabha- rata war strategy, in a sense, is trickery. The war had to be won at any cost. Fair was foul and foul was fair, to rephrase Macbeth’s witches. Of the two warring sides, the Pandavas made the maximum use of foul means, though some of them Winning the Mahabharata CanlessonstofightthevirusbegarneredfromtheepicbattlebetweenthePandavasandthe Kauravas?Canwarstrategiesfortifyustodaytodefeatthisviciousenemy? O Isittimetogetreadytofacethe worldbeyondcorona:therestructuring oftheglobaleconomicorder?Arewe headingforapyrrhicvictoryinthe waragainstCovid-19?

29. | INDIA LEGAL | April 13, 2020 29 look fair, with Lord Krishna playing the stellar partisan role. It all began with the Pandavas realis- ing that Bhishma, the commander-in- chief of the Kaurava army, should be eli- minated if they had to win the war. Ar- juna placed Shikhandi (a transgender) in front of him on his chariot. As Bhish- ma had vowed never to strike women, he laid his bow down on seeing Shi- khandi. Arjuna then pierced him with 25 arrows and Bhishma fell from his chariot on the bed of arrows and remai- ned there till he decided to call it a day. On the 13th day of the war, Abhi- manyu, the underage son of Arjuna, was trapped in the chakravyuha by the Kau- ravas; technically, it was not an unfair warfare tactic. But what followed till the end were a series of blatantly foul and ingenious tricks used by the Pandavas, aided and abetted by Krishna. Jayadratha, who killed Abhimanyu, was tricked by Krishna into believing that the sun had set, thus giving an opportunity to Arjuna to kill him as he had put down his weapons, thinking it was the end of the day’s battle. Dronacharya was killed when he felt distraught on account of Yudhisthira telling a white lie about the death of his son, Ashwatt- hama. Upon the death of an eponymous elephant, Yudhisthira announced: “Ash- watthama is dead.” Against the back- drop of the beating of war drums by his army to celebrate the achievement, he added: “May be a man or an elephant.” What he said later was inaudible, much like the nuanced dialogues against the cacophonous background music in TV serials today. Karna, the next commander-in-chief of the Kauravas, was killed when Arju- na, instigated by Krishna and in viola- tion of the rules of the battle, struck him as he bent down to disengage the mired wheel of his chariot. Then, on the final day, Bhima struck Duryodhana below the belt with his mace on a signal from Krishna via Arjuna. The war was over and the Kauravas lost in spite of the scheming Shakuni on their side; but the acrimony created by it led to mayhem and more devastation in due course. It was indeed a pyrrhic victory. Only two things came out unscathed: Bhishma Pitamaha and Gita, the scripture. A re there any lessons in these ma- noeuvres and shenanigans on how to win the war against corona, humanity’s enemy number one today? Will the advice of Krishna to the Pandava army to duck (comparable to a lockdown) in order to avoid the harmful effects of Narayanastra launched by Ashwatthama work today? Are the Kau- ravas comparable to community transmission? Will our inherent shortcom- ings lead to devastation or will the Gito- padesh rescue us? While we debate and discuss various strategies to fortify and arm ourselves to the teeth to defeat the enemy, some good news has started to trickle in. A new, controlled clinical study conducted by doctors in France shows that a combo of hydroxychloroquine (HCQ) and (Z-Pak) completely cures coronavirus patients within six days of treatment. Can Covid-19 be tricked into mutating as a malarial mos- quito variant? The government has allowed the use of hydroxychloroquine in combination with azithromycin under close monitoring for serious patients. In the meanwhile, Italian doctors said that Tocilizumab, a drug used to treat mod- erate to severe rheumatoid arthritis, has shown more promise than HCQ, the anti-malaria drug. Or will some other trick or a combination of tricks be able to mutate foul into fair? Is that the way to win the corona war? Only time will tell. Finally, could the Mahabharata or the corona disaster have been avoided? The compulsive obsession with finding an heir to the throne of Hastinapura, from time to time, followed by an all- consuming desire to wrest power by hook or crook led to devastation in the Mahabharata. Is similar uncontrolled greed, coupled with a flawed value system, at the root of the Covid-19 catastrophe? Is it time to get ready to face the world beyond corona: the restructuring of the global economic order? Are we heading for a pyrrhic victory in the war against Covid-19? —The writer is a former Secretary- General, Rajya Sabha, and a retired IAS officer of the AP cadre ENTERTAINMENT ON OFFER Doordarshan is re-telecasting popular serials Ramayana (left) and Mahabharata

30. Environment/ Covid-19/ Air Pollution 30 April 13, 2020 HE corona lockdown in India has had many delete- rious effects on society which suddenly finds itself coming to a grinding halt. But the one positive effect it has had is on the environment which has found a new awakening. Clear blue skies, birds chirping sonorously and bright sunshine are testimony to this. Within a week of the lockdown, the air quality index (AQI) showed a drastic improvement across the country. Cer- tain areas in Delhi-NCR climbed to “green” category, indicating good air quality—a rare feature during the spring months. Compare this to a week before the lockdown—then the AQI in Delhi ranged from moderately polluted to the poor category. Typically, the Central Pollution Con- trol Board categorises AQI under 50 as good; 51-100, satisfactory; 101-200, moderately polluted; 201-300, poor; 301- 400, very poor and 401-500, severe. An analysis done by the Centre for Science and Environment (CSE) showed a dramatic declining trend in daily peak-hour pollution in six major cities (Delhi, Mumbai, Kolkata, Bengaluru, Hyderabad and Chennai). Air with a concentration of PM 2.5 and PM 10 fell by 60 percent in several cities after the lockdown. Hourly NO2 levels associated with vehicles dropped more sharply. Hourly PM 2.5 levels associated with other sources of pollution also reduced. It is well-established that vehicles are a major contributor to air pollution. As employers were forced to provide the option of “work from home” and almost all vehicles were pulled off the roads, the effect on the air was evident. “Overall, air pollution levels dropped sharply after the lockdown because vehicles, facto- ries and construction stopped. Of course, we don’t want this kind of emergency to bring this change,” said Anumita Roy- chowdhury, Executive Director, Res- earch and Advocacy and head of the Clean Air Campaign at CSE. “This crisis has proved that if a health risk percep- tion can provoke an emergency response, it can galvanise far-reaching changes. Collective community action during this pandemic has forced us to reinvent solutions to reduce our vulner- ability to toxic risk.” Over the years, research has shown that air pollution is one of the biggest Mother Nature Breathes Again Astheworldcomestoahalt,goodairqualityandclearskies arethereforalltosee.Withairpollutionkilling1.2million Indiansannually,thisisagainworthprotectingandfightingfor By Papia Samajdar T UNI

31. | INDIA LEGAL | April 13, 2020 31 causes of deaths across the globe. Acc- ording to WHO, an estimated 4.2 million deaths occur annually due to bad ambient air quality, globally. Of the 30 most polluted cities in the world, 22 are in India. This puts a large section of the Indian population at risk. Being exposed to poor air quality for a long duration also increases the risk of death from diseases like Covid-19 and SARS. The European Public Health All- iance warned that there is a link between deaths due to Covid-19 of patients with illnesses linked to air pollution. Doctors had found that the risk of death among SARS patients exposed to mod- erate air pollution was 84 percent high- er compared to patients exposed to low air pollution. Despite these numbers and multiple warnings by researchers, public percep- tion of poor air quality is low. With the global lockdown, companies are forced to change the ways they operate. As governments emphasise social distancing as the best precaution, along with periodic washing of hands, the world adjusts to new ways of functioning. Schools and colleges have taken education online and so have big grocery outlets. Fitness regimes move into people’s living rooms and chatting with friends is through social media and online apps. C an this crisis-induced change give long-term solutions for air pollution? Roychowdhury said: “If we can make systemic changes to institu- tionalise some of the emergency responses and maximise the potential of the digital world to alter the workplace, it can work in the environment sphere too. We can scale up public transport options to reduce vehicles, roll out elec- tric mobility to move towards zero emis- sions and ensure zero tolerance for non- compliance with emission control regulations and standards. Only then can we see a different post-pandemic period.” Ravi Kumar, a senior executive at Anil Agarwal Environmental Training Institute, foresees a change in operations after the lockdown is over. “Post- pandemic, we are expecting many changes in the way companies and businesses operate. We cannot entirely gauge what these will be or at what scale, but change will definitely be seen,” he said. “We will be putting systems and processes in place, ensure that lack of physical presence in designated spaces does not hinder operations and offer online courses.” The coronavirus pandemic has definitely made us realise how quickly we must adapt to the new normal and how we can be more productive using technology, said Gaurav Singh, Regional Head, No Brokers Technology Solutions, a software firm. “As a service provider, we have to ensure that we remain com- petitive. We can function effectively even if we deviate from the way we used to operate. We will design our systems to build on this learning,” he said. When asked if the reduced air pollution would influence his decision, he said: “That is a bonus as it also leads to reduced transport bills. The management has made a note of the benefits of work from home and is willing to con- sider it in future.” Rijit Sengupta, CEO at Centre for Responsible Business, remembers how a few months back in Davos, where rich business leaders were hosted by the World Economic Forum, a manifesto was released underscoring the impor- tance of “Business with Purpose”. “As businesses and society pass through these difficult times, we must reflect on how to design and promote businesses with a purpose in India. If there is one time when we can begin some thinking and dialogue on this subject, it is now,” he added. There are concerns that in the post- pandemic period, it will be business as usual and pollution will go out of control once again. But the air pollution crisis that kills 1.2 million Indians and makes many more ill requires a similar emergency response and public support for strong action. “It is important to deepen awareness and public understanding of this connection and the overall health risk associated with air pollution. We need hard action for this,” said Roychowdhury. BREATHING EASY The clear blue skies in Delhi (far left) show a drastic improvement in the AQI index as compared to pre-lockdown days “Thiscrisishasprovedthatifahealthriskperception canprovokeanemergencyresponse,itcangalvanise far-reachingchanges.” —AnumitaRoychowdhury,ExecutiveDirector,Research andAdvocacyandheadoftheCleanAirCampaignatCSE Sumit Roy Dutta @wikimedia.org

32. 32 April 13, 2020 HE number of people infected with Covid-19 continues to skyrocket, with nearly one million cases worldwide. But there’s no vaccine or cure for it, though human trials have started in the US based on their earlier research on the Middle East Respiratory Syndrome (MERS) and the Severe Acute Respiratory Syndrome (SARS). This means that doctors can do little more than offer supportive treatment to the very sick and hope their bodies can survive the infection. With about 15 percent of Covid-19 patients suffering from severe disease and hospitals being overwhelmed, treatments are desperately needed. Now a coalition of researchers says that already approved drugs might hold the key to treatment. This includes a drug combo used against HIV, a malaria treatment first tested during World War II and a new antiviral whose promise against Ebola fizzled out last year. WHO is looking for such drugs which have already been approved for other diseases and known to be largely Boost Your Health EvenasWHOhasstartedalargeglobaltrialcalledSolidaritytoevaluatepotential treatmentsagainstthisdeadlyvirus,India’salternativehealthsystemshaveahostof suggestionstoboostrespiratoryhealth My Space/ Covid-19 Dr KK Aggarwal T RESEARCH AND TRIALS Treatments are needed fast in view of the alarming march of the Covid-19 pandemic Representative Picture: UNI

33. | INDIA LEGAL | April 13, 2020 33 safe. It is also looking at unapproved drugs that have performed well in ani- mal studies to treat SARS and MERS. It is also looking for treatments to be given prophylactically to protect healthcare workers and others at high risk of infection. Treatments may also reduce the time patients spend in intensive care units, freeing critical hospital beds. W HO has announced a large global trial called Solidarity to evaluate whether potential treatments are effective against Covid- 19. Already, Argentina, Bahrain, Canada, France, Iran, Norway, South Africa, Spain, Switzerland and Thailand have joined this effort. The Solidarity trial will test four different drugs or combi- nations and compare their effectiveness to fight the virus. The trial is an unprecedented effort—an all-out, coor- dinated push to collect robust, scientific data rapidly during this pandemic. The study, which could include thousands of patients in a dozen countries has been designed to be as simple as possible so that even hospitals overwhelmed by Covid-19 patients can participate. Even as the Nizamuddin catastrophe unfolds in Delhi, the spread of Covid-19 can be linked to cult practices in South Korea, Malaysia, Indonesia and Paki- stan. In March, a Muslim congregation of over 2,000 people was organised in Nizamuddin, Delhi, by Tablighi Jamaat, a global Islamic missionary movement, leading to the spread of the virus all over India. In South Korea, most Covid-19 cases can be traced back to the myste- rious Shincheonji Church of Jesus where one person spread it to the others. Almost 63.5 percent of all confirmed cases in the country were related to Shincheonji. Some of its practices included secrecy, banning of health masks, praying in close proximity, kiss- ing each other’s hands, singing hymns, not caring about worldly things and focusing on conversions even when someone is sick. They feel that getting sick is a sin as it prevents them from doing God’s work. Such behaviour defies physical distancing principles. Tablighi Jamaat attendees believe only in their leader, that getting sick is a gift from Allah and dying in a mosque grants them heaven. The organisation urges Muslims to practise their religion as it was during Prophet Muhammad’s time. This is particularly so in matters of ritual, dress and behaviour. It has an estimated 150-250 million adherents, with the majority living in South Asia. Between February 27 and March 1, the movement organised an international religious gathering at Sri Petaling Mosque in Kuala Lumpur, Malaysia. This was linked to more than 600 Covid-19 cases, making it the largest known centre of transmission in Southeast Asia. A second gathering was scheduled on March 18 in South Sulawesi, Indon- esia. Though the organisers initially rebuffed official directives to cancel the gathering, they subsequently complied. Yet another gathering was organised in Pakistan near Lahore for 1.5 lakh people. Despite officials’ requests, the par- ticipants communed together, leading to the spread of the virus overseas. Meanwhile, the Nizamuddin faction of the Tablighi Jamaat held a congregation there every week of last month till March 21. There were reportedly other violations by foreign speakers here, including misuse of their tourist visas for missionary activities and not observing the 14-day home quarantine. It is believed the sources of infection were prea- chers from Indonesia. Many returned to their states in India and provided refuge to foreign speakers without the knowl- edge of local governments and eventu- ally spread it in Tamil Nadu, Telangana, Karnataka, J&K and Assam. Clinical experience suggests that certain situational or developmental fea- tures appear to make people more receptive to cults. These include high stress levels or dissatisfaction, lack of self-confidence, gullibility, desire to belong to a group and frustrated spiritu- al searching. Most cult leaders have a narcissistic personality disorder, an excessive need for admiration, disregard for others’ feelings, an inability to handle any criticism and a sense of entitlement. As for the followers, most would be going through a mental crisis and the cult seems to offer relief. Many ex-followers have issues readjusting to society. EPICENTRE SCENARIO Covid-19 symptomatic patients being taken to hospital from Nizamuddin, Delhi Cultpractices &Covid-19 UNI

34. My Space/ Covid-19/ Dr KK Aggarwal 34 April 13, 2020 WHO is focusing on four most promising therapies: an experimental antiviral compound called remdesevir; malaria medications chloroquine and hydroxychloroquine; a combination of two HIV drugs, lopinavir and ritonavir, and the same combination plus interfer- on-beta, an immune system messenger. Some data on their use in Covid-19 patients has already emerged—the HIV combo failed in a small study in China— but WHO believes a large trial with a greater variety of patients is warranted. In India, the Drug Controller Gene- ral of India approved the two anti-HIV drugs for restrictive use for Covid-19 and ICMR cleared the prophylactic use of hydroxychloroquine for close contacts. The health ministry has approved use of the anti-flu drug oseltamivir (Ta- miflu group) for the treatment protocol. Meanwhile, the Confederation of Medi- cal Associations in Asia and Oceania has recommended a hydroxychloroquine and azithromycin combination. Hydro- xychloroquine has been reported to inhibit SARS-CoV-2 in vitro. C hloroquine is included in treatment guidelines from China’s National Health Commission and was associated with reduced progression of the disease. Treatment guidelines from the Commission include the inter- leukin (IL)-6 receptor inhibitor, tocilizumab, for patients with severe Covid-19. In the US, the FDA is accept- ing emergency investigational new drug applications for use of convalescent plasma for patients with severe Covid- 19. A case series described the administration of plasma from donors who had completely recovered from Covid-19 to five patients who were on mechanical ventilation and had persistently high viral titters despite antiviral treatment. Twelve days later, they were found to have decreased disease severity, but these findings do not establish a causal effect. Enhancing the body’s immunity plays an important role in maintaining opti- mum health. The ministry of AYUSH recommends the following self-care guidelines for boosting immunity with special reference to respiratory health. Drink warm water throughout the day. Daily practice of Yogasana, Pranayama and meditation for at least 30 minutes Spices such as turmeric, cumin, coriander and garlic are recommended in cooking Meanwhile, ayurveda suggests the following measures for better immunity: Take 10 gm Chyavanprash in the morning. Diabetics should take sugar- free Chyavanprash Drink herbal tea/decoction made from basil, cinnamon, black pepper, dry gin- ger and raisins once or twice a day. Add jaggery and/or fresh lemon juice Have golden milk—half teaspoon turmeric powder in 150 ml hot milk once or twice a day Nasal application—apply sesame oil/coconut oil/ghee in both nostrils morning and evening Oil-pulling therapy—put a tablespoon of sesame/coconut oil in the mouth, swirl it for 2-3 minutes and spit it out, followed by a warm water rinse To tackle dry cough/sore throat, take steam inhalation with fresh mint leaves or caraway seeds daily. In addition, clove powder mixed with honey can be taken 2-3 times a day for throat irritation. A stitch in time saves nine. —The writer is President, Confederation of Medical Associations in Asia and Oceania and former National President, IMA WHOisfocusingonfourmost promisingtherapies:anexperimen- talantiviralcompoundcalled remdesevir;malariamedications chloroquineandhydroxychloro- quine;acombinationoftwo HIVdrugs,lopinavirandritonavir, andthesamecombination plusinterferon-beta,animmune systemmessenger. HELPING IMMUNITY Herbal preparations come to the rescue

36. Global Trends/ US/ Corona Effect 36 April 13, 2020 LL across the US, in cities, big and small, at the beaches and lakefronts, in mountain resorts, everywhere, there are empty hotels and airports because of the government-ordered shut- downs, social distancing and a fear level approaching paranoia. The economic impact is wide and deeply felt and any return will be to a “new normal” and not the way things were before the outbreak of the pandemic. While most public schools remain closed, millions of students are dependent on the internet for distance-learning classes, instead of the ubiquitous yellow school buses. This leaves thousands of school bus drivers without jobs, and in many cases, unpaid. Stonington, in Connecticut, a collec- tion of small villages along the shore on Long Island Sound, became a summer getaway when the train line was built in the mid-19th century between Boston and New York City. Its two largest tourist attractions have now laid off many workers. The Mystic Aquarium has kept only the staff needed to care for its ani- mals. It plans to keep paying the staff but the length of the shutdown may be a factor. The nearby Mystic Seaport Mu- seum is closed for visitors. Its large col- lection of old wooden ships and whaling artifacts is a big draw. Spokesman Don McFadden said: “The closure and layoffs are disappointing because they come just after the blockbuster JMW Turner paintings’ exhibition that attracted 95,000 visitors this winter, a stunning 89 percent increase over the same time period last winter.” The Seaport has become one of the main engines of local hospitality growth in the last decade, along with two gam- bling casinos, nearby. They are closing just as Las Vegas closed its hotels and casinos when giant conventions, that bring hundreds of thousands of visitors, were cancelled. It is difficult to believe that special financial support from the federal government can do much more than keep people breathing desperately. Ironically, a big reduction in the use of fossil fuels for industry and transport can clean up the globe’s atmosphere. Inter-state life and travel have always been unfettered across America’s 50 states, but that, too, can change. Rhode Island, the smallest state, is sandwiched between Boston and New York. Rhode Island’s governor has ordered all out-of- staters coming there to self-quarantine for 14 days with police checkpoints stop- ping out-of-state cars. This is unprecedented in the US. Elements of these situations are playing out across America and the globe. The impact on cultural institutions that depend financially on visitors who now cannot travel is difficult to calculate. The US hospitality sectors seek hundreds of billions in federal support. Thousands of Indian families immigrat- ed to America, buying and operating moderately-priced motels in smaller cities and towns. Where they come in a bailout plan is unclear. Big city hotel occupancy rates have cratered from 80 percent six weeks ago to barely 20 percent now. Without federal aid, the travel and lodging trade organisation claims that the US could lose as many as four million jobs in 2020. The irony is that the Russian-Saudi Arabian oil price war has brought the cost of a litre of petrol down to about 52 US cents (Rs 40), approximately half the cost of a litre in India. But the problem is whatever the price of fuel, there is no place to go. — The writer has worked in senior positions at The Washington Post, NBC, ABC and CNN and also consults for several Indian channels Closed States of America TheUnitedStatesisshuttingdownandAmericansarestrugglingtocopewithlifeinthetimeof thecoronavirus.Theworld’srichestandmostpowerfulcountryhasneverlookedmorehelpless By Kenneth Tiven in Connecticut A WREAKING HAVOC Miami Beach in the US has been shut down in an effort to contain the coronavirus Highsmith, Carol M/loc.gov.

37. | INDIA LEGAL | April 13, 2020 37 Global Trends/ Covid-19/ Indian Students Abroad/ Personal Account OR those of us from India who travelled abroad for pursuing graduate studies in the hopes of better job prospects, things seem to have backfired during this pandemic attack. Unable to now return home, these students are now confronting the adversity in a foreign land away from the safety and solace of family for their immediate support. Students like me in isolation must abide by the restrictions in our respective countries and keep a close eye on the news about our homeland and families that we are so anxious about. This only adds to the uncertainty in the minds of many young students. Given the trying circumstances, what does this mean for those in need of visa extensions? When would the gates back into India be open again? Where does one go to seek support? Are there across the board testing facilities for Indian students quarantined abroad? The Indian consulate in Germany, where I am pursuing my studies, has limited information online to offer in this re- gard. This ripple effect of a lack of information thereof needs to be tackled from a centralised source. Students face many challenges in a foreign land, not the least of which is the financial angle. They engage in part-time jobs to help soften some of the burden on their families. But with the current restrictions, job loss and hiring freeze, how do students manage their livelihood? One student, who doesn’t want to be named, says: “Job loss after graduating from a Canadian university was a shock. But I’m glad for the employment insurance and personal savings which help me get by. I’m grateful for the rent support scheme offered by the Canadian government.” But not all are so lucky. EBS Universität für Wirtschaft und Recht, Germany, where I study, offers counsellors and contacts of qualified mental health specialists who have made themselves available to international students. Recognising the challenges that many international students face is a commendable action taken by the university. But for graduate students such as myself, the future—in the short and the long term—remains hazy as re- cruiters state that the coronavirus has now become an influential cause in their hiring process. This, in turn, has left students puzzled, besides contributing to the rising levels of anxiety among well-qualified students who simply cannot begin their professional careers. “This uncertainty triggering anxiety remains a primary source of burn-out among students,” says a counsellor. The reasons for the anxiety can pri- marily be divided into two: How do I support myself emotionally in times like these? What do I do next? Given the unprecedented times we are now going through, students like me are struggling to decipher what the future is going to be like. We are rest- less, unable to fathom what all this means for our future. Does this mean, all those years of effort and time put towards making that vision was all for nothing? Questions, questions, but as of now, answers are elusive. —The writer is a student at EBS Universität für Wirtschaft und Recht, Germany Trapped and Far from Home Withclassescancelledandtravelrestrictionsinplace,thousandsofthemarestranded incampuses,dormsorairportsaroundtheworld.Oneofthem,VVarunThomasin Germany,sendsusthisreport F RESCUE US Hundreds of Indian students are still stranded in several countries due to the pandemic thenewsminute.com

India legal 13 april 2020

India legal 13 april 2020

India legal 13 april 2020

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