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Supreme court may need to tweak its order on limitation

Narasimhan Vijayaraghavan
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Supreme court may need to tweak its order on limitation

In an unprecedented order dt.23rd March, 2020, of humongous proportions, the Supreme Court of India, has infused life into many a cause, which may have been breathing its last, as of 15th March, 2020, “till further orders of this Court in these proceedings”. Never before in the annals of any country’s judicial history, such an order of epochal dimensions ever appears to have been passed. Purists and academicians may debate on the powers exercised by the top court under Art.142 of the Constitution of India ‘to do complete justice’ and declare it to be the law of the land under Art.141. We live in extraordinary times. Such extraordinary orders seem passé.

Sitting on the lawns of a Mumbai Hotel, adjacent to Gateway of India, the late, lamented Associate of US Supreme Court Justice Antonin Scalia, wondered aloud, “In my experience, India’s Supreme Court is without doubt the most powerful institution in the world. No other institution matches the sweep of yours. That they can suo motu take up causes, is a staggering reality, we can only dream of, as we are not entitled to do so. Only those causes that get escalated to us, in the hierarchal passage, we can deal with. That is some power that even Alexander Hamilton may never have contemplated in his Federalist Papers when he said that between the Legislature, Executive and Judiciary, Judiciary with its judgment on paper, was the least powerful .Your Judges may well be the true Law Lords on the pulpit.” The recent orders dt.23rd March,2020, pretty much typifies what Scalia eulogised.

The impact of Coronavirus, on every facet of life, is huge, to say the least. There is no aspect of life, it has not impacted. The hosts did cattier of the virus is the Homo sapiens. The viral spread since that Nov, 17th in Wuhan, China, has been phenomenal that the world is struggling to flatten the curve. The economies of the world have faced nothing like this before. The 1930 depression days and 2008 subprime crisis, look like child’s play today. This Pandemic has not left any area unvisited and imperilled.

Judiciary has been an island from such viral spreads. Not this time. The litigator and his lawman cannot go to Court. The Judge cannot sit on the bench. Social distancing is the order of the day. The Supreme Court has been forced to re organise and embrace video conferencing route. Several High Courts have closed down and if at all, working to tackle ‘emergency cases’. Advocates cannot meet clients. No scope for any personal visits or conferences or exchange of physical papers. The result is that causes that need to go to Court are getting stalled.

Ordinarily, the litigants ought to be vigilant. They cannot take their own sweet time to seek reliefs, as only creaking wheels get oil or crying babies milk. The law of limitation applies to almost every other cause. There is a specific timeline imposed by law, be it by statute or as judicially mandated, as per which courts need to be moved in time, for seeking reliefs. Beyond the time line, the cause may become time-barred and incapable of fetching reliefs. In general, it is the Limitation Act, 1963, which provides the time lines for such reliefs, beyond which the causes may have lost their potency to be taken to court.

For instance, take the case of a simple borrowing by an individual on the basis of a Promissory Note. The creditor has to seek recovery from the borrower or sue for recovery within 3 years from the date of such Promissory Note, subject to variants based on the transactions between them. Beyond the specified period, imposed by the law of limitation, the creditor cannot sue the debtor, even if the due or debt may well be subsisting. That is the harsh legal reality.

While so, the apex court has suo motu come to the rescue of a whole host of litigants, who are in no position to move the courts of law, within the time stipulated by the law of limitation. Time and tide wait for no man or woman. But our Supreme Court is so powerful that it can pause time too. That is the plenary power exhibited by our top court. Never more in public interest than on this occasion. It may have soothed the jangling nerves of many a litigant, who may have lost the right to sue in time, by this deadly invisible Covid-19 enemy.

While the scientific and research world are groping for a vaccine, to handle this unique strain of virus, drawing comparisons to Black Death or Bubonic Plague or the Spanish flu, not to forget H1N1, SARS and the like, the Supreme Court has found a ready vaccine to inoculate the litigant public from losing their rights, by one comprehensive order of unimaginable vision. Someone, somewhere was worried and thinking right, and the Supreme Court quickly took note, on its own motion, and come to the rescue of possibly hundreds and thousands of litigants, who may well have lost their right to sue, but for this order, for no fault of theirs. Supreme Court has come to their rescue as Abadbandhavan in these dark, devilish climes.

Kudos to the learned Chief Justice Arvind Sharad Bobde, to preside over the three member Bench on 23rd March, and hearing the Counsel for Union of India and the President of the Supreme Court Bar Association (SCBA), and coming up with this timely vaccine. The Originalists may complain and grieve that Art.142 was not meant for such occasions. It was meant to provide relief in a litigation between two entities to ‘do complete justice’ between them. More importantly, murmurs may be heard in the corridors of courts and seminar circuits, whether the Supreme Court was empowered to extend the period of limitation by such an omnibus order, which went against the grain of the statutes. Can Art.142 be invoked to provide redressal which was barred by statutes, which the Supreme Court had itself held impermissible, as in say the famous/infamous SCBA vs V C Mishra case? Yes, yes, yes, the legal fraternity has never been devoid of the dissenters and naysayers. Surely, if they had clients to serve, their dissent may evaporate. That would suffice to support what the top court has done thoughtfully done, keeping alive causes which may have become time-barred, with the litigants in no position to approach the courts to file their cases.

Be that as it may, just one caveat, typically, this may just not be enough or sufficient relief for all comers. The orders of the Supreme Court would ensure that claims which may have become time-barred by 15th March, 2020, will be kept alive ‘till further orders of the Court in these proceedings’. So far so good. This would mean that the claims will not become barred, by operation of the law of limitation, be it under the general law of limitation or under various statutes. But, there are causes which are unique in genre, to which this order may not serve the intended purpose.

One is compelled to bring to the notice of the Supreme Court and the Union of India and SCBA and all those who may care, that as per Art. III R.6 of Carriage of Goods By Sea Act, 1930, it is not a case of application of law of limitation. What applies is the unique and internationally uniformly accepted proposition of ‘extinguishment of liability’ of the sea carriers. It is a UN mandated protocol and India is a signatory to it as well, be it the Hague-Visby or the Hamburg Rules or whichever. The simple fact is that if the claims against such sea carriers are not lodged within one year from the date on which goods are delivered or supposed to be delivered, the ‘liability of the sea carriers will stand extinguished’. That is the statutory mandate and it is unexceptionable. Intervening holidays are immaterial is the settled law.

The law of the land vide Art.141 adverted to by the Supreme Court itself in its orders dt.23rd March, 2020, is contained in the verdict of the Supreme Court in East & West Steamship Co vs A.S.K.K. Ramalinga Chettiar reported in AIR 1960 SC 1058. This is good and binding law and is applicable even today. In the said circumstances, the orders dt.23rd March,2020 of the Supreme Court in Suo Motu Writ Petition (Civil) Nos. 3/2020 –In Re: Cognisance For Extension of Limitation- will not keep alive the claims to be filed under the Carriage of Goods by Sea Act,1930, on or after 15th March,2020. Since the liability of the sea carrier would stand ‘extinguished’ by operation of law, extension of limitation period, would be otiose or meaningless.

It is a different matter whether the Supreme Court can infuse life into such claims under the Carriage of Goods by Sea Act,1930, after the liability of the sea carrier had become ’extinguished’. It would be a huge legal issue of immense proportions that may need to be resolved. The legislation in question is based on international protocol and statutory practices. Can our Supreme Court declare – that on and from 15th March, 2020 ‘till further orders in these proceedings’ the liability of the sea carrier shall not stand ‘extinguished’. That would be a mouth watering story for another occasion. Watch this space.

For the present, one sincerely opines that it may be appropriate to bring to the notice of the Supreme Court, claims of such unique genre, where the liability of the respondent/defendant may become ‘extinguished’ so that the orders dt.23rd March, 2020, can be extended to cover them also, without prejudice to legal issues arising there from. Otherwise, these claims cannot even be brought to court, as per the law of 1960 vintage from the top court itself.

No lawyer worth his salt would ever be satisfied with even the most generous of orders from the Supreme Court. That is the nature of us, as peculiar beasts of law. While applauding the apex court for this timely and thoughtful suo motu action, it is humbly submitted that the issue of ‘extinguishment of liability’ of respondents or defendants, may also be brought within the beneficial blessing of the orders dt.23rd, March, 2020, for now, as these claims may run to not merely hundreds of thousands but even to crores, at times, from experience.

The financial and economic impact on the affected lot may be significant and avoidable. Who would bring this issue to the notice of the Supreme Court, as the most powerful institution in the world or there would need to be another suo motu action, if this piece happens to catch the eyes of the Judges or reaches the ears of the Judges. In these digital times, when anything and everything can go viral, why not this prayerful piece, for justice?

(Author- Narasimhan Vijayaraghavan- is practising advocate in the Madras High Court)

Understanding the menace of Coronavirus

Udit Tripathi
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Understanding the menace of Coronavirus

Who would have imagined that a virus would be the most talked, most searched and the most feared topic in the whole world? But unfortunately yes, it is the Coronavirus disease 2019 (COVID-19), a communicable disease spread by droplet infection caused by Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2). Coronaviruses (CoV) are a large family of viruses that cause illness ranging from the common cold to more severe diseases such as Middle East Respiratory Syndrome (MERS-CoV) and Severe Acute Respiratory Syndrome (SARS-CoV). The disease was first identified in Wuhan, China.

Origin of Covid-19:
The virus evolved to its current pathogenic state through natural selection in a non-human host (bats) and then jumped to humans. Bats are the most likely reservoir for SARS-CoV-2 as it is very similar to a bat coronavirus. It is a matter of debate that the weird eating habits of Chinese led to the exposure of bat coronavirus to humans. Similarly, the previous coronavirus outbreaks have emerged after direct exposure to civets (SARS) and camels (MERS).

How Covid-19 became Pandemic?
On 17 November 2019, the Chinese govt received the first reports of a previously-unknown virus behind number of pneumonia cases in Wuuhan. From 17 November to 15 December 2019, daily 1-5 cases appeared, only after 180 cases appeared in Wuhan till 29 November 2019, the Chinese Govt first informed the whole world about the virus. The Chinese authorities also played a role in destroying the test samples at many labs till December 2019. Even the voice of Dr. Li Wenliang, the COVID-19 whistle blower was suppressed who later died of it. By the time the world realized the seriousness of the situation it had already been declared pandemic on March 11 by the WHO.

Sign & Symptoms:
Common symptoms are flu like such as fever, cough, sore throat, runny nose with shortness of breath.
‌Varying percentages of diarrhoea, nausea, vomiting can also be seen.
‌Emergency symptoms include difficulty in breathing & walking, persistent chest pain, bluish face/lips.
‌Severe symptoms include pneumonia, kidney failure or multi organ failure.

Risk factors:
As per United State’s Covid-19 task force coordinator Deborah Birx’s study on Italian cases, coronavirus COVID-19 is twice as fatal in males as compared to females. Also, the less immune paediatric and geriatric patients are at greater risk and have far higher mortality rate than the middle aged patients.

Diagnosis:
The standard testing method is real-time reverse transcription polymerase chain reaction (rRT-PCR) on respiratory samples obtained by nasopharyngeal swab or sputum sample.
Blood tests can also be used which require two blood samples taken two weeks apart and the results have little immediate value.
Recently, Indian Institute of Delhi have developed “probe-free detection assay” method, to detect COVID-19 which is significantly cheaper than the current tests by rRT-PCR method. Currently, the National Institute of Virology (NIV), Pune is in the process of validating this test on clinical samples. If validated, this can be a game changer method for the Indian health industry.

What Needs to be done?

Prevention is better than Cure:
Since our childhood, we have been taught that cleanliness is next to Godliness. It’s high time to follow it strictly. Simple steps like maintaining personal hygiene, washing hands frequently, use of sanitizer when outdoors, using flexed elbows/tissues/handkerchiefs/masks while coughing are the most effective ones. Social distancing is the need of the hour. Indian PM Modi’s call of ‘Janta curfew’ and subsequently 21 days lockdown for mass isolation is a part of the same strategy to break the chain of spreading the virus . Working from home, staying indoors unless it is absolutely necessary to go outside, for buying essential commodities must be strictly adhered to.

Strict action against COVID-19 Facilitators:
The 31st case of COVID-19 in South Korea who was later termed as the ‘Super Spreader’ had spread COVID-19 infection to about 4800 people. Similarly, Indian singer Kanika Kapoor who was tested positive for COVID-19 attended different parties and gatherings despite having a travel history to COVID-19 affected country. Unfortunately, like Kanika Kapoor, there is a large section of the society who don’t understand the graveness of the situation. When the PM and respective State Governments have appealed for staying indoors, the ignorance and rebellious nature of such people poses a great risk. Even few religious clerics have appealed against the PM and State Government’s appeal to stay indoor. This rebellious nature of people should be dealt strictly by the authorities in accordance to the Epidemic Diseases Act 1897 so that the disease transmission can be reduced.

Need of Social Media Warriors:
While the social media has connected us much better with the whole world, there is also a large section of pseudo-intellectuals, media persons, bloggers and people with vested interests who are continuously spreading misinformation such as encouraging hoarding, panic buying etc. Though the World Health Organisation (WHO) and the Government of India’s Press Information Bureau (PIB) have joined hands together to counter fake information across various social media platforms, still there is a need of a large no. of social media warriors across the country who need to counter this fake news ecosystem in order to reduce panic among the common man.

Sanctions:
While North Korea and Iran have been imposed with sanctions for nuclear proliferation by US along with many countries, similarly after controlling the COVID-19 pandemic, the whole world must take a strong action probably by means of sanctions by isolating China who suppressed COVID-19 information, destroyed test samples, even tried to silence the whistle blower which resulted in worldwide transmission of this deadly virus. Had the Chinese government acted timely with a proactive approach, the number of corona-virus cases could have been reduced by 95% and its geographic spread could have been limited.

Hence, it’s high time to show collective solidarity, to maintain social distancing, to adhere to the guidelines strictly provided by WHO, Government of India and the respective State Governments, to stay away from the misinformation and to provide awareness to as much people as possible because TOGETHER WE CAN AND WE WILL!

What did we achieve through Janata Curfew?

Ajay Sudame
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What did we achieve through Janata Curfew?

Modi has seized on to the opportunity to make India Vishwa Guru

On 20th March, PM Modi appealed to the country to enforce a Janata Curfew on 22nd March for 14 hours. He wanted people to stay home for 14 hours, starting from 7 AM to 9 PM and clap for individuals & institutions(Doctors, Police etc.) who are providing essential services to us. From several reports emerging out of China and Europe it was clear that any effective medication was at least a few weeks away. And Social Distancing was the only way to reduce the speed of spread of Covid 19.

22nd being a Sunday, I think it was assumed that it would be slightly easier to enforce this self-imposed curfew than normal working day. But knowing our disdain for law & order and overall dislike for discipline this looked an uphill task. However public habits were not the biggest impediment in implementing this novel exercise in Social Distancing. The number one obstruction to Janata Curfew were politicians who owe their existence to opposing Narendra Modi and Left Liberal Establishment which hates Conservative Hindus.

To understand what I mean, just sample some of this social media response of few individuals and efforts by some of the politicians to undermine the Janata Curfew. Rahul Gandhi, instead of supporting it attacked PM Modi and chose to highlight the impending economic plight. Shashi Tharoor went one step and shared dubious claim, praising Kerala CM Pinarayi Vijayan. Later when found out, refused to delete the tweet, saying its gone viral now. Tehseen Poonawala, famous Third page socialist used this opportunity to bring demonetisation in and blame Modi for the slowdown.

Not to forget, Islamists with the help of Congress and Left were continuing with their agitation at Shaheen Bagh. They were ready to overlook the potent infection risk to Muslim women and kids.

Amongst all these, the worst response came from Bengal. Modi’s bête noire, Mamata Banerjee issued a diktat that the Government would like to distribute Rice and Potato to students in schools on 22nd March. The same day, Modi wanted the public to implement Janata Curfew. This was cynical, petty politics at its best. Bengal CM, to dent Modi’s noble initiative, was ready to endanger the lives of ordinary people. To settle political scores, she was ready to risk the spread of the extremely dangerous Covid 19 virus amongst citizens of her own state.

Notwithstanding these overt and covert oppositions, it’s the credibility of Narendra Modi and his unflinching governance record that Janata Curfew was a roaring success! People had responded magnificently to this appeal of self-imposed lockdown. And not only that, exactly at 5 PM they thronged to their galleries, terraces and clapped vigorously. Some of these citizens enthusiastically banged steel plates to show their appreciation.

Now the million dollar question is what did this Janata Curfew achieve?

Well, it did a lot! Firstly it did convey the message to everybody concerned that things are bad. It’s time to get serious. Secondly it laid the onus at people’s doorsteps. He was telling people, without your support, there is little, the Government can do. Lastly, he was creating moral authority for Law Enforcement agencies such as Police to enforce future Lockdowns with relative ease. The last point is extremely important in light of communal agitations like Shaheen Bagh and following Delhi Riots.

There is another overarching takeaway here. Covid-19 is a pandemic of real global proportions. As you read this close to 4,00,000 people are affected in more than 150 countries and close 17000 people have lost their lives. The only possible way to reduce the death rate is to minimise the contact between people. One can also call it Social Distancing. But doing this has a huge Economic cost. Look at Italy to understand how the Government, under business pressure from China, blundered and is now paying an unimaginable price. And it’s not only Italy. World over Governments are struggling to deliver the message that please stay indoors. Hardly any Head of State, perhaps other than Narendra Modi has the stature to get it done. By staying indoor for 14 hours and implementing a successful Janata Curfew people of India have done something which no other country could even imagine.

Many European countries and even US are in extremely distressful conditions. But they could not plan something of this sort. Please look around and you will find, now a couple of days after India implemented a near complete lockdown, countries are getting ready to enforce some sort of mandatory Social Distancing. Earlier they were not sure whether such sort of thing is possible.

The current Corona crisis is a unique one in the sense that, leading Western nations are at their wits end. The best hospitals, top class medical practices or cutting edge medicines are not able to provide any solution to this. The best way forward seems to Social Distancing. By successfully implementing Janata Curfew Modi has shown the way. Modi has shown the world that, India has the capacity to be a Vishwa Guru – Global Coach/Mentor in self-restraining practices. And in a crisis such as this, there is no other way than inculcating self-restraining behavior in the society. Modi and Bharata, the new Vishwa Guru- has shown the way.

Patience and perseverance- a key to break the virus spread

avanibhaiya255
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Patience and perseverance- a key to break the virus spread

The overwhelming response of PM Modi’s call for a Janta Curfew on Sunday was a positive and welcome sign but marks only beginning of a lone fight against coronavirus which is fast spreading

across states. Millions of people stayed indoors, hardly any vehicles moved it was a extraordinary shutdown of the country. The curfew was intended to highlight the need for social distancing which is the key to containing the spread of virus. The people did well to hail and express their gratitude to the medical personnel on front lines and their support staff. But the idea of social distancing has not gone deep into the minds of people and conduct of the people. Stricter steps are needed and they are needed for a longer period.

PM Modi address on Tuesday by imposing a total lockdown of 21 days in the entire country. It is drastic measure by the government but rather there is no other means then social distancing to keep us away from the pandemic. The government has announced a lockdown in 75 districts. Some states are in total lockdown. Railway services has been stopped across the country and many states have suspension of public transport and roads. The functioning of Private companies except those provide essential commodities has been stopped. The PM himself has told that lockdown has not taken seriously by many people. He has told the State government to enforce lockdown rules and called upon the people to save themselves by adhering them.

Going Ahead there are number of measures that the government can take to mitigate the worst effects of such a dramatic shock to the economy. It is equally important that essential supplies should not be disrupted. Jobs, business and livelihood of many people will be curtailed or lost. There hardship will have to be mitigated. It is rightly said patience and perseverance is the key to deal with difficult times. We must deal patiently and follow social distancing to save the society from the worst of this pandemic. This is a challenging and unprecedented situation, the greater responsibility lies with the people. That is to practice social distancing and safe hygienic practices. Stay at home and wash hands. The safety and future of the nation lies in our hands

COVID- 19 and the Indian economy

Ritwik
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COVID- 19 and the Indian economy

The 21-day war against COVID – 19 has just begun and will be fought by “WE THE PEOPLE OF INDIA!”. While our doctors and scientists are striving hard to make the antidote and defeat this pandemic, social distancing is the only remedy as of now. The nation is under lockdown, offices closed, factories shut down, and thus a big-blow to the already struggling economy. Though there were speculations that a financial emergency might be declared under article 360. This can’t be regarded as a rumour because the Reserve Bank of India has already made a war room to analyse the falling numbers which are happening for the first time in the history of India.

Within 15 trading sessions, our foreign investors pulled out 1.08 lakh crores. The unemployment rate was already at the peak when companies had to allow work from home, some sent their staff on unpaid leaves while some handed over the termination letters too! The biggest fear in the mind being the disease should not reach the poor and the lower middle class which would be then impossible to control. In so much of hullabaloo, let’s analyse those steps that our finance minister must take immediately to get the economy on track!

The relationship between per capita GDP and COVID2019 related mortality rates across countries is positive and significant. It is clear that we need to develop an alternative understanding of this phenomenon – for poor countries.

  1. If the government is thinking about a market stabilization fund to buy stocks, then I think it will have no positive impact. The need of the hour is to spend on medical facilities, direct transfer to the poor people especially the labourers, and emergency supply chains.
  2. Can you imagine the situation if the government allows the fiscal deficit to reach 7% due to the virus? To handle this, under section 17 of the RBI Act, RBI must grant the loan to the local authorities, scheduled banks for around 3 months against stocks, securities, and gold/silver.
  3. All those companies who wanted to apply for the renewal of their various licenses and clearances must be allowed to operate with their previously granted approvals at least for the next 3 months. There is an urgent requirement of sanitizers everywhere. Ethyl Alcohol and Drug licenses must be processed fast and more focus should be given on manufacturing the sanitizers.
  4. Businesses are waiting for the dues with the government authorities which include the GST balances and the farm subsidies with the state governments. There should be quick disbursal of this money that will boost the liquidity in the system especially during the 21-day lockdown.
  5. Though the situation is still under control in India, the need for medicines and other equipment can rise anytime. Thus, all the pending approvals of application for pharmaceuticals and chemical sector must be approved on the merit basis. This is the best time for expansion and starts new units.
  6. While there is an acute shortage of box containers in the country, many traders are heavily fined for late fee charges as they face delays in getting their goods cleared at the port! Thus, the late fee charges must be dropped as of now at all airports and ports. Container freight charges which are skyrocketing must be normalized in consultation with authorities.
  7. There should be a provision for secure video conferencing to virtually ‘inspect’ cargo which will help in social distancing among the workers. The physical examination can be allowed only under high-risk situations. If the shipping sector is unable to pay the interest and principal for the next 3 months, it should not be categorised as NPA by RBI.
  8. A six to nine months’ moratorium on all working capital principle, interest payments on loans and overdrafts bringing in liquidity allowing for business continuity, without categorizing the companies as NPAs.
  9. In order to take care of the logistics, all the state governments can appoint 3-4 service providers which can take full responsibility of the warehouse and transportation operations especially that of masks, sanitizers, storing extra ethyl alcohol etc. These service providers can further supervise small operators.
  10. As advised by Raghuram Rajan, in order to ensure that banks keep on lending to small and medium enterprises, the government must give away partial guarantees. Giving temporary support income is not required rather it should be substituted for better medical facilities.

The lockdown and this pandemic will teach us a lot! As rightly quoted by the PM, that this fight is bigger than Mahabharat which lasted for only 18 days. It’s time that we all stay at home, stick to the rules and regulations, and be patient. The whole world expects us to fight this virus with intelligence and better actions.

क्या सच में? जी हाँ सच में।

Aditya Pathak
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पिछले रविवार से देश चीनी वुहान वायरस से बचाव के लिए लॉक डाउन है। लोग घरों में हैं और स्वास्थ्यकर्मी, पुलिस के जवान, बैंक कर्मचारी और अनगिनत स्वयंसेवी अपने स्वास्थ्य की चिंता के बिना इस राष्ट्रीय आपदा में सर्वस्व लगाए हुए हैं।

प्रारम्भ से ही मोदी सरकार वुहान वायरस के प्रति सचेत थी, भारत प्रारंभ से उन देशों में सम्मलित था जिन्होंने एयरपोर्ट्स और बंदरगाहों पर स्क्रीनिंग की व्यवस्था की जिससे संक्रमित व्यक्ति सामान्य जनजीवन में प्रवेश न कर सके और उसे आइसोलेशन में रखा जा सके।

तो फिर प्रश्न आता है कि इतनी सावधानी के बाद भी देश में वुहान वायरस के केस इतनी तेजी से क्यों फैले, मार्च के प्रथम सप्ताह तक तो सब ठीक था लेकिन उसके बाद आईसीएमआर और भारत सरकार ने ऑब्सर्वे किया कि जो लोग एयरपोर्ट पर स्क्रीनिंग में नेगेटिव शो हो रहे थे उनमें कुछ दिनों के बाद वुहान वायरस के लक्षण दिखाई दे रहे थे (जैसा कि आईसीएमआर प्रमुख ने अपनी प्रेस कॉन्फ्रेंस मे बताया). सरकार ने तत्काल 14 दिनों की आइसोलेशन एडवाइजरी सभी विदेशो से आने वाले यात्रियों पर लागू कर दी, और अंत मे सभी देशों से हवाई यात्राओ को बंद कर दिया लेकिन जब तक बहुत देर हो चुकी थी।

सवाल उठता है कि क्या सच में? चीन, इटली और स्पेन जैसे देशों ने यह सूचना भारत के साथ साझा की, अगर नहीं तो ग्लोबलाइजेशन जैसे नारों की फलपूर्ति करना क्या हमारा ही कर्तव्य है?

हाँ सच यह भी है जब भारत मे केस बढ़ रहे थे तो मुम्बई दिल्ली और बैंगलोर में IT कंपनीज ने अपने कर्मचारिओं को वर्क फ्रॉम होम की सुविधा दी और लोगो को अवकाश भी लेकिन हमारे पढे लिखे तबके ने अपनी सिटी के फ्लैटो में ना रहकर अपने परिवारजनों के पास भारत के विभिन्न छोटे शहरों की और जाना प्रारम्भ किया जो बिल्कुल मूर्खता से भरा निर्णय था, मुम्बई से जोधपुर आने वाली लड़की जो ट्रैन में संक्रमित हुई इसी मूर्खता को दर्शाता है।

लॉकडाउन के बीच दुकानों अनावश्यक भीड़ बढ़ाना और राशन की जमाखोरी करना संकट को ही आमंत्रित करता है। यदि हम घर पर रहकर दाल रोटी जैसे सामान्य लेकिन पौष्टिक भोजन में काम चलाएंगे तो सोशल डिस्टन्सिंग से हम इस चीन वुहान वायरस की कड़ी को खत्म कर सकते है लेकिन आंशिक रूप अभी तक हम अपनी नागरिक जिमेदारी मेंअसफल साबित हुए हैं।

अभी भी समय है कि हमें एकजुट होकर आगामी 21 दिन जनता कर्फ्यू को सफ़ल बनाना है और नागरिक होने के कर्तव्यों का पालन करना हैं।

Mahabharat war to justify 21 day lockdown, remember the end of king Parikshit

S Ranganathan
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Mahabharat war to justify 21 day lockdown, remember the end of king Parikshit

It is always right when a democratically elected government especially that enjoys absolute majority does anything even if it is disastrous and catastrophic to own people. The 21 day lockdown of India to combat Corona appears to be although needed but lacks sense, sight and sensitivity. 

Just with the appreciation of WHO or some Western Countries, we cannot solve millions of problems of India. Has demonetization brought back all black money, ended corruption and everyone became a tax payer?

Has GST auger business impulse of the entrepreneur or has it killed the unorganized trade and manufacturing sector? People endured everything and supported Modi thinking his intentions to be good and true. But will people forgive and forget the 21 day lockdown decision of Modi which has almost killed the life and livelihood of millions of poor people that is worse than Corona virus. Even if they surpass Corona infection but will they ever recover from the rude shock of 21 day lockout?

All those ardent supporters of Modi for quite long have started to think twice. We need prudent measures to combat Corona spread. We need to sensitize people about social distancing. We are not an advanced electronically operated country where Robots can be pressed for various services. 

Recently Modi has invoked how Mahabharat war was won in 18 days so shall India over Corona in 21 days.  It is so nice to hear such similes, but certainly not with empty stomach and empty purse dear Modiji. People of India, especially the poor in the unorganized sector want to remind Modi about the fate of King Parishit referred in the same Mahabharat that Modi has invoked.

Parikshit was the son of Abhimanyu and Uttara or the grandson of Arjuna. Parikshit was indeed a noble king, pious and virtuous and kept ‘KALI’ of Kaliyuga under control like Modiji controlled corruption till 24th of March 2020. When the Parikship went to forest for hunting, he lost his way and ended up in the ashram of the sage Samika. The sage Samika was in deep meditation when the king Parikshit entered his hermitage. But the sage under deep meditation did not respond to king Parikshit, not even noticed his presence. Such inadvertent gesture of the sage has raged Parikshit and he took a dead snake and garlanded over the neck of the sage Samika. Later the son of Samika, Srigin learned about the incident and cursed Parikshit to die of a snake bite in 7 days. Nothing could save Parikshit, he died exactly on day 7 day through a snake bite.

A simple sin brought such tragic end to such a noble king Parikshit. Had the noble king realized the silence of the sage Samika was due to his deep meditation, he would not have done such an ugly mistake and earned death in 7 days. 

The act of Modi to lockdown India for 21 days without adequate preparedness and understanding of millions of poor people is nothing but an act of Pariskhit to sage Samika. If not Corona, poverty, loss of livelihood and other social issues are definitely going to kill poor people due to 21 day lockdown. 

Certainly the dying man’s declaration shall be defeat and defeat the one who imposed such foresight less decision. The point of debate is not about taking stringent measures to prevent corona spread. Curfew, creating medical facility at village level, continuous sensitization etc., along with limited restrictions should have been the appropriate measure for India than lockdown of India for 21 days. 

Imposing a new misery to suppress another is not the solution. The 21 day lockdown of India is indeed the beginning of ‘Paradise Lost’ moment for India.     

Muslim leadership in India has to step in the fight against Covid-19

Lakshmisha K S
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Muslim leadership in India has to step in the fight against Covid-19

India is on a 21 day lockdown from 24th March, 2020. The idea behind the same is to beat and suppress the curve of infection. As Prime Minister eloquently put it, virus infections spread exponentially and hence it is very important for us to stop the same. As Tomas Pueyo states in this article – “Strong coronavirus measures today should only last a few weeks, there shouldn’t be a big peak of infections afterwards, and it can all be done for a reasonable cost to society, saving millions of lives along the way. If we don’t take these measures, tens of millions will be infected, many will die, along with anybody else that requires intensive care, because the healthcare system will have collapsed.“

This is behind Prime Minister’s announcement of 21 day curfew across India. The aim is to go hard on suppression. Enforce strict social distancing. Get things under control and then slowly relax the measures as the case count stabilises or drops. Monitor and appropriately follow up on relaxation. India is ramping up its testing facility. As explained by DG, ICMR, India currently has testing capacity to test 70,000 samples every week. This is in comparison to France (10K), UK (16K), USA (26K), Germany (42K) and Italy (52K). The aim is to continue to expand diagnostics, keep them running until the new cases drop down, reducing fatality rates and reducing pressure on system. Meanwhile the time will also give government and health authorities to build critical hospital infrastructure, specifically ICUs and ventilators. Various state governments have already initiated the same. Large corporates are stepping in to assist.

Image result for coronavirus curve in india
Source: FinancialTimes

The whole aim of this exercise to limit the death toll to hundreds or maybe thousands rather than millions. Reduce the fatality rate to less than 1% like in South Korea rather than ~8% like in Italy. Reduce the load on healthcare workers, reduce healthcare worker’s fatality and ensure their betterment. To achieve this, it is vital we enforce the strictest of social distancing measures as possible. Remember both China and Europe (Italy, Spain) have enforced quarantines, however the strictness of the measures has defined the success. China went to the extreme where only one person was allowed to go out. Some apartments were grilled shut in China, while in individualistic western societies, it has been difficult to enforce lockdowns. Take for example 77 year old pensioner roaming around Spain hunting for “Pokemon”. Italian authorities have pressed charges against more than 40,000 people for violating the lockdown imposed to contain the coronavirus. The results are here to see, China and South Korea have reduce the pace of new infections completely while Italian and Spanish infection rates continue to grow exponentially.

Hence it is very important the strictest of the possible measures are undertaken. This is the war of our life and we need to do whatever it takes to win this battle. However we are facing lack of seriousness or callousness from one particular group today who are using religious reasons to not follow these measures. The group I am talking about are small set of Influencers. And I would like to state it out explicitly that majority of Muslims do believe in the seriousness of the issues and are cooperating with public at large, there is a vocal minority who are not taking this seriously and jeopardising the effort. Let me illustrating with examples (I would like to state that most of the examples are courtesy of twitter user @BiharKaLal who compiled the same)

Example 1

interactions shouldn’t be stopped in the name of social distancing and fear of coronavirus. If today these are stopped then tomorrow you can stop being a Muslim also. Muslims don’t fear death

https://youtu.be/WqLEhyvRqN4

Example 2: If any Muslim does Namaz 5 times a day then no Coronavirus will infect him.

Example 3: By drinking and eating from the same plate/utensil, Muslims get “Sifa” not virus and hence there is no need to do social distancing

Example 4: Muslims don’t need to wear Masks and take actions to prevent social distancing

Example 5: Islam teaches them that by shaking hands, friendship grows not coronavirus. Hence there is no need to stop shaking hands.

Example 6: God will decide who will live and who will die and hence there is no need to take precautions against coronavirus. No need to follow curfew.

Lastly an Anti CAA rally was carried out in Moradabad when people have been asked to limit outside interactions.

There are dozens of more examples that I can illustrate which buttress the my point. And it is to be noted that these are not ordinary incidences but videos and messages shared by Tik Tok influencers on social Media. This is the message shared by the few of their community leaders. This is alarming and needs to be addressed. And the only people who can address this is the Muslim leadership. This is important that they come out and stamp this nonsense out. I don’t think the above influencers take our Prime Minister’s word seriously and hence it is necessary for people who they respect come out and state out clearly the seriousness of the situation, the requirement for lockdown and curfew.

Some of you might suggest why we should bother about it. If people want to be COVIDIOT, then let them be and suffer. But the thing to note is that the chain strength is defined by its weakest link. If the virus manages to pester in the community due to stupid actions of a few, it will impact all of us. Like stated above in the case of Spain or Italy, it is important the lockdown is enforced on 100% of population otherwise there is no difference between lockdown and business as usual.

Hence I implore “Secular” leadership to come and talk to their constituents directly. Rahul Gandhi and other community leaders need to reinforce the message of social distancing. Every Indian has to take this with utmost seriousness. Let me end this note with a message from young pakistani doctor Dr. Usama Riaz who lost the battle against corona but left message for all of us.

Nationalism in India

Samved Iyer
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Nationalism in India

The incontrovertible reality of the contemporary world is the existence of nation-states. Notwithstanding a perceived sense of partial, if not complete, loss of sovereignty on account of subjection to international organizations in economic terms, the nation-state remains administratively and politically sovereign.

That a firm conviction of their people in the destiny of their respective countries; and the indispensability of the assertion of their unique geopolitical interests; constitute the driving sentiment of these nations, is an unimpeachable truth. It is these two waves of emotion that together constitute the popular locution: nationalism.

As observed by the venerable former diplomat, and the incumbent Union Minister of External Affairs of India, Dr. Subrahmanyam Jaishankar, contemporary nationalism in India is that of confidence, for Indians have seen their stature rising in the international arena. Notwithstanding this positive wave of sentiment in consequence of India’s growth, wars have been fought the world over on the very notion of nationalism. For did not the spirit of nationalism among the subject people of Turkey lead, as nobly noted by Dr. B R Ambedkar, to the disruption of Turkey in the first world war? In Dr. Ambedkar’s own words, “That it was nationalism which had brought about the disruption of Turkey is proved by the revolt of the Arabs in the last war (World War 1) and their will to be independent.”

His erudition further observed the reasons behind the disintegration of Czechoslovakia, “Really speaking, the destruction of Czechoslovakia was brought about by an enemy within her own borders. That enemy was the intransigent nationalism of the Slovaks who were out to break up the unity of the state and secure the independence of Slovakia.”

The two aforesaid examples make manifest, the potential volatility that accompanies nationalism. It is true that nationalism as a driving sentiment is quite positive. It is not, however, the mere implementation of nationalist fervour that is potentially volatile as proven in the cases of Turkey and Czechoslovakia. The very debates on the subject are accompanied with impassioned views.

Indian nationalism has had roots in history, for it was the same sentiment that drove the Marathas against the Mughals. The conceptualization of Hindavi Swarajya bears witness thereto. In form and in scope, it did metamorphose, yet the sentiment of Indian nationalism remained when the British had established their rule over the land.

The established scholarly consensus is that it is the same nationalism that led to the independence of India. Lamentably, the manner of writing history creates the impression that Indian nationalism, under the British Raj, was one-dimensional. No conclusion could be so unfortunate, for it was, in actuality, multi-faceted. Parallel to the constitutional and non-violent narrative, ran an organized narrative of revolution, constituting of youths from across the territory of British India, fired with the zeal of freeing their motherland from the colonial misgovernment, with the will to put their lives at peril. It is expedient upon the independent country to not merely acknowledge, but also express gratitude, not only to the activists of the constitutional narrative, but also to the martyrs and lion-hearts of revolution. For is it not a travesty of history to indoctrinate people with only part of the history that makes for convenient telling?

The debates appurtenant to Indian nationalism are sure to evoke strong passion, for it has everything to do with interpretation of history as well as the very truth behind the creation of India as a modern nation-state. There appears to be a propensity to debate without requisite maturity and civility. Often, the atmosphere degenerates, leading to such pandemonium and disorder as may be evinced by banging of benches, akin to that in Parliament, of which we have all, on occasion, been unfortunate witnesses.

The recent anarchy prevailing all over the country on account of the introduction, passing and subsequent presidential assent to the Citizenship Amendment Act is for all to see. Notwithstanding the possible involvement of shady forces behind them, not all of the protesters could be termed renegades. Many were just idealistic youngsters with passion for their idea of India, quite ignorant of the nuances they were protesting against. One may well construe it as a contorted sense of nationalism, for the disposition of many of the protesters appertained to their idea of India.

A logical deduction of the incident is not so much the absence of reading among them as much as the presence of strong emotion. As said earlier, the very debates on the subject are accompanied with impassioned views. Therefore, should the youth be engaged in exploring Indian nationalism, the travesty of history they shall be subject to, as evident in our syllabi by way of propagation of a single narrative, may well be warned against.

One does no justice to history, unless one seeks or even attempts to comprehend it in its entirety. Amish Tripathi has described history as the immature little child that does not accept multiple truths. I would differ a little to say, “Certain historians with vested interests are immature little children who do not accept a narrative either contrarian or parallel to the one propagated by them.” The unfortunate consequence thereof is the creation of status quo in academia. Author Hindol Sengupta has well described the misfortune of Indian history by attributing its travesty to the rendition of its earliest interpretations as canonical, as opposed to the west where incidents such as the American Revolution and personalities such as Churchill are being reinterpreted almost on a yearly basis.

Several professors, if not all, have undergone the ”canonical” learning of history while being students. The country sorely in want of a culture of research, and thereby the professors themselves having not been acquainted to the same, they have quite become comfortable with it and propagate the same while teaching the students. To them, any contrarian view is akin to blasphemy.

Nothing could be so pernicious to Indian nationalism as the oversimplification of it, thus rendering it to a one-dimensional narrative. One may, in the future, have to endure too much merely to experiment with another approach in the face of new problems. In such times, the collective wisdom of Indian nationalism must serve as a guide. For has not Major General G D Bakshi aptly said, “Where you are going depends on where you came from”?

Nationalism in India would lose its essence upon the abnegation of its cultural history. India is a modern nation-state; a powerful yet relatively nascent republic; a civilization spanning over five thousand years of history; a vast landmass besotted with remarkable diversity; yet unified with a cultural ethos: the ethos of Sanātana Dharma.

For has it not been lucidly enumerated in the Vishnu Purāna:

उत्तरं यत् समुद्रस्य हिमाद्रेश्चैव दक्षिणं ।
वर्षं तद भारतं नाम भारती यत्र संततिः ।।

TRANSLATION: The land that lies to the north of the ocean and to the south of the Himālayas is Bhārata, for there reside the descendants of Bharata.

The conviction with which it is held by some that there was no concept of India till perchance the British gave it one is confounding. The verse from the Vishnu Purāna is evidence that Bhārata had, more or less, been defined in terms of geography a lot prior to the advent of the British.

Verily, therefore, Sanātana Dharma is the identity of the nation, notwithstanding the modern constitution thereof as a republic. Its history, its evolution and its struggles cannot be abnegated on mere account of the aforesaid constitution and contorted construals of modernity. This is the foundation of my assertion that nationalism in India is inextricably linked with cultural heritage and pride.

I lay emphasis on this, for the masses of contemporary youth increasingly gravitate towards western notions of liberalism. It must not be forgotten that western notions of liberalism seek to free the individual from all institutions, such as tradition, culture, society and, in extreme cases, even family. This would positively be pernicious should it be experimented with in India. Readers must be aware that there exists a department for mental health in the United Kingdom. Quite a lot of its work, as highlighted by Amish Tripathi in an interview, pertains to loneliness. What else, pray, could the result be with the abnegation of traditions and customs?

The west-philia that so afflicts Indians in general and Hindus in particular, has led the Hindus themselves to view their very culture with contemptuous condescension. While there are indeed values from the west worth incorporating, westernization alone must not be construed with liberalism. Liberalism is in the very genes of Indians, for how would have they so willingly welcomed the settlement of Jews, Parsis etc otherwise? It must be noted that my accentuation on culture does not pertain to symbolism such as attire, but to values and philosophy. The lamentable devolution of our society on grounds of caste notwithstanding, it is significant that this land also produced reformists who fought against such social tyrannies.

The resurgence of nationalism in India has remarkably amplified interest in past heritage, and the intellectual paramountcy of the elite witnesses a gradual decline. History which never made way to the textbooks is emerging, slowly but steadily.

It is in this age that the said status quo is being deconstructed. Fresh research is leading to new interpretations of history, and facts as never known heretofore! The proponents of the status quo would do well to shun their hostility towards it, and accept the same.

Dire need for IRDA to protect friends, neighbours, relatives as drivers

Narasimhan Vijayaraghavan
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Dire need for IRDA to protect friends, neighbours, relatives as drivers

On 22nd August, 2011, one Mr. Somu was riding a two wheeler belonging to his friend. The vehicle skidded, he lost balance, fell down and suffered injuries in the motor accident. There was no other vehicle involved in the accident. Alleging that he had suffered 35% partial and permanent disablement, the victim pursued a claim for compensation against the owner of the two wheeler and M/s. Royal Sundaram Alliance Insurance Co Ltd. The insurer denied liability on the ground that though motor insurance was compulsory under Motor Vehicles Act, 1988, the risk to such riders as Somu, who was a friend of the owner of the vehicle was neither required to be covered under the statute nor was covered under the package or comprehensive policy of insurance. Only the risk to a driver, as workman or paid driver was covered.

The claims tribunal concluded that the accident was due to the negligence on the part of the victim himself. However, adverting to the contractual portion of the insurance policy viz. Personal Accident Cover for owner cum driver, for which additional premium was paid, the claims tribunal awarded compensation against the insurance company. Aggrieved, the insurer filed an appeal before the High Court, that Somu had borrowed the vehicle and riding and as such they were not liable. And the nature of injuries did not come within the policy of insurance.

Agreeing with the insurer, the High Court, by orders dt. 4th March,2020 in Royal Sundaram Alliance Ins Co Ltd vs Somu, set aside the grant of compensation by the tribunal against the insurance company. This is not a one-off occurrence or incident. It happens day in and day out. Not the insurer escaping responsibility, but victims of such genre suffering mishaps leading to deaths or maiming of limbs and facing the prospect of Zilch compensation. It all seems so hazy and a maze that one has been confronted by even senior lawyers refusing to accept that such victims did not have the benefit of compulsory coverage of insurance policy and the victims and their families being exposed to a life of tragedy, distress and penury. That, however is the legal reality, and the commoner who happens to face such eventualities, better take notice. More importantly, it may be for Parliament and/or possibly the regulator of insurance companies- Insurance Regulatory & Development Authority to take note and tweak the dispensation, to protect the lives and limbs  of Somus and his ilk.

It is singularly unfortunate that the Courts are compelled to mutilate the law sometimes, to ‘do injustice in spite of law’ as Lord Alfred Denning, once ruled, to the dismay of a true blue conservative originalist like Justice Antonin Scalia. What else can the courts do when they are faced with a hapless and helpless victim or his family pleading for compensation, upon proof of a genuine accident and its gruesome impact on their lives and limbs. The courts look for ways to ‘iron out the creases in the statute’ if possible, and at times go beyond and make a mockery of law, if they have no other option, to provide Just compensation to innocent victims. Why should it be so? Why should the remedy be in the grey area? Why cannot there be a certainty in the jurisdiction to protect the lives and limbs of such users of motor vehicles? So many of them. Why not?

All that it requires is for IRDA to take heart, put mind and provide for a contractual cover to provide for the risk to Somus. It may not even be necessary to go all the way to the Parliament to seek an amendment to MV Act, 1988. Only recently, we had Act 32 of 2019 introducing a new and polished Chapter 13 to MV Act, 1988 (not yet notified for it to take effect though), but not deigning to make the changes to relieve Somus of their anguish.  Are our lawmakers even aware of such needs? They are too busy politicking that Nani Palkhivala once said, “ I was furious not amused,  when I heard a distinguished Member of Lok Sabha unable to distinguish between Tariff and Traffic and held his ground that Tariffs were heavy in India and it needed to be reduced but people must co operate and not use all their vehicles on the roads all at the same time”. Not a joke this.

It needs to be flagged off that though occasions arose before the top court, more than once, to clarify the legal position in this regard and urge IRDA to contractually come up with a solution, they have failed. On the other hand a reading of the verdicts as in Sunitha, Sunil Kumar, Sadanand Mukhi, Ningamna, Ramkhiladi, all from the apex court,have compounded the confounding circumstances.

Of course, thankfully, the Madras High Court, had  an occasion in United India Ins Co Ltd vs Rekha, and directed  IRDA to provide for a better regime to protect the lives and limbs of owners cum drivers of motor vehicles vis a vis Personal Accident Cover. IRDA came up with a Rs.15 lakhs cover for owners cum drivers, on payment of additional payment of Rs.7,500/-. What happened? Alongside this mandate, we had the Supreme Court compelling 3 and 5 years’ insurance policies for new cars and two wheelers’ respectively. This meant that outgo for owners would have been huge and they beseeched IRDA to have graded PA covers for much lower sums, so that premium payable was manageable. Who lost? The victims’ and their  families? Who else?  It was most unfortunate that owners’ of vehicles failed to sacrifice their financial comfort today, to better protect the interest of their families tomorrow, with their myopic construct on the costs.

Be that as it may, even the newly introduced IRDA mandate to cover the lives and limbs, contractually, was as a Personal Accident cover to owners cum drivers alone. It did not provide for any coverage to those as Somus, as a friend, relative, colleague, neighbour, acquaintance borrowing the vehicle for the occasion. They are a different and distinct specie, requiring a special and specific cover. That is where there is a need for the regulator IRDA to offer a overage, contractually, to those who may care to seek it, even on pain of additional premium. More importantly, the cover may need to be tweaked to provide for deaths and  all kinds of injuries and not those as amputation or loss of eyesight etc specifically. Why not a cover enabling the victim, be he a friend, neighbour, colleague, whoever, the right to move the claims tribunal for determination of Just compensation, as if a third party.

No statutory amendments need be introduced for a contractual change in the motor insurance policy would suffice for it. The ball is in IRDA’s Court, and Courts may only need to indulge in a nudge and a wink, as motor insurers may also be entitled to obtain additional source of premium, to run their businesses on commercial lines. If it happens, which it needs to, as early as it could, Somu, may after all have done a signal service?

(Author- Narasimhan Vijayaraghavan-  is practising advocate in the Madras High Court)

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