Political parties, NGOs and individuals are allowed to distribute relief materials to the poor with prior intimation

Ukkash F |SASTRA SCHOOL OF LAW THANJAVUR, TAMILNADU | 21^st April 2020

Dravida Munnetra Kazhagam v The State of Tamil Nadu (WP No. 7458 of 2020)

In the case, Dravida Munnetra Kazhagam v The State of Tamil Nadu (WP No. 7458 of 2020) the High Court of Madras has issued several guidelines to be followed by the Individuals, Political Parties & NGOS to distribute the essential relief materials to the poor amid the lockdown.

FACTS OF THE CASE

The petitioners has filed a writ petition under Article 226 of the constitution of India praying to issue a writ of mandamus to quash the Press Release No.265 dated 12.04.2020 and also to forbear the respondents from interfering with the public welfare measures of the petitioners for the needy during this lockdown period in TamilNadu due to Covid-19. 

The senior counsel for the petitioner contended that the restrictions imposed by the State Government in distribution of relief materials to the poor and needy are unreasonable, arbitrary and illegal. The opposing counsel cited several instances where the organisers gather huge crowd during the distribution of the relief materials and contended that the Government is fit to impose certain restrictions.

ISSUE

1. Whether the restriction imposed by the State government is arbitrary in nature?

COURT’S OBSERVATION

In order to curb the spread of such disease, the State Government, as directed by the Central Government, has imposed a lock down by invoking Section 2 of the Epidemic Disease Act, 1897. Due to such lock down, it is no doubt true that number of citizens could not eke out their livelihood by stepping out of their home. Several thousands were rendered jobless, particularly the daily wage earners, contract labourers, migrant workers etc., are the worst affected. Having considered the submission of the learned counsels, the court in on the view that the State is wholly justified in imposing certain conditions but however the Court held other stipulation with regard to handing over the relief materials to the Distribution of the Commissioner or other instrumentalists of the Government was not “well founded”.

In the light of the above circumstances, the court has issued following directions:- 

• The Individuals, NGOS & Political Parties shall intimate the District authorities concerned, as already notified by the government, 48 hours in advance prior to distribution of food and other materials to the poor.
• As far as distribution of food is concerned, on receipt of such intimation, the Food Safety Officer concerned shall cause an inspection of the place where the food is distributed.
• There shall not be any distribution of food within the areas earmarked as ‘hot spots’ by the Government.
• It is further made clear that the distribution of the food has to be completed within a time to be specified and get extension which is on the discretion of the District Authorities.
• The place where the food is likely to be served has to be sanitised by the authorities concerned prior to effecting distribution so that it will be fit for such distribution of food 
•  The State can deploy police officials to regulate the recipient of food
•  The State shall permit three organisers, excluding the driver, who organise the distribution of food, along with an elected representative, to be present at the venue
•  More than three persons shall not travel in one vehicle to carry the food items to the place of distribution and they shall strictly adhere to the preventive measures announced by the Government in exercise of powers under Section 144 of the Code of Criminal Procedure. 
•  The petitioner organisation or other similar organisation, nongovernmental organisations, individuals or group of individuals shall strictly ensure that social distancing norm is followed during distribution of food.

Subject to the above observations, the writ petition is to be disposed of.