[India is a state of subcontinental dimensions.
Quite unsurprisingly, there are wide variations across the constituent
states: <
https://www.thehindu.com/data/article31254725.ece/inline/?fbclid=IwAR2nt98reeuyTg--zWQxrv9VrcruULOSdIODvXifckVqjmARNLNW-OLAjJo
>.
Hence, one size evidently does not fit all.

Apart from that, the way the poor, and the migrant workers in particular,
have been treated is just shocking.
Those who are stuck, either midway or at the places where they had been
working, are brutally barred from going back to their places whereas
special planes had carried Indians back from foreign shores.
Also, just the other day, (only) UP students were brought back from Kota,
Rajasthan by bus despite the 'lockdown' in place.
That's just too ugly.

There are also many other vital issues - including, but by no means limited
to, communalisation of the crisis and weaponising it to install a
full-scale surveillance state, which have cropped up in the course of the
handling of the crisis - with the graphs still rising exponentially, by the
incumbent regime.

The PUCL statement reproduced below becomes all that important against that
profoundly disturbing background.]

From: Dr.V. Suresh National General Secretary, PUCL <
[email protected]
<https://mail.google.com/mail/u/0/h/14ktmhw0vja0s/?&cs=wh&v=b&[email protected]>
>
Date: Sun, Apr 26, 2020 at 8:13 PM
Subject: PUCL Statement on Eve of PM Meeting with CMs on Continuation of
Lockdown and Concerns - For favour of coverage

The Prime Minister, Shri Narednra Modi is reportedly scheduled to meet the
CHief Ministers of all states through video conference to discuss about
continuation of Lock down after 3rd May, 2020, when the 2nd phase is
scheduled to end.

*26th April, 2020*



*PUCL Statement – Lift Total Lockdown and Continue only in Select Places*



April 25th, 2020 marks the end of the first month of India’s gigantic,
country-wide lockdown to counter and check the spread of the COVID -19 –
Corona virus. As the Prime Minister gets down to discuss on 27th April,
2020, with the CMs of all the states of India, about whether to continue
fully or partially with the biggest ever global shutdown of this size, it
is an apt occasion for citizen’s to review progress and point out key
concerns, to both the Prime Minister of India, as also all the Chief
Ministers.



At the very outset, given the size and spread of India with 138+ crores
population, we acknowledge the gargantuan nature of the challenge to
formulate a policy to counter the spread of COVID-19. However when late in
the evening of 24th March, 2020 the PM announced with only a 4 hour advance
intimation of literally shutting down the entire country from midnight of 25
th March for a 3 week period, citizens were taken by surprise. There was no
thought given at the time of the surprise announcement, to the implication
of a complete lockdown on the lives of poor, marginalised communities,
women headed households, migrant workers living precarious lives in distant
towns and cities, on the plight of small traders, shop owners, artisans,
daily wage earners who don’t have resources or home space to store food
items for 3 weeks and myriad other social sections to whom a nationwide
lockdown spelt economic ruin and social disaster. Despite misgivings about
lack of preparedness and the social, economic and humanitarian
repercussions of the shutdown, there was very little choice left to anyone
-  including most political parties, CMs, industry leaders and civil
society – but to forcibly put differences behind and to unitedly confront
the deadly scourge.



So much so, on 14th April, when the 3 week shutdown was extended for a
further period till 3rd May, there was little choice for people but to
grudgingly acquiesce to the continuation of restrictions, even though by
this time people had come to know firsthand the consequences of such a
sudden and arbitrarily enforced lockdown on their social and economic
lives.  People were not taken into confidence as to the plan for economic
and social revival of the economy and livelihoods of the crores living on
the edge of economic marginalisation; ironically this was despite the fact
that by and large, citizens had abided by the restrictions imposed by way
of continuing with `social distancing’, quarantine, shut down of shops and
economic enterprises. The health, social and economic cost paid by the
people to the lockdown has not been cheap. With hospitals focusing only on
the corona virus, government hospitals and PHCs have not been able to
address existing ailments and health needs of people including to keep open
OPDs, or tend to pre-natal care, TB medication, vaccination programmes and
so on.  PUCL hopes that the cost paid by ordinary Indian citizens will not
go in vain.



The desperate economic, social and hunger crisis experienced by millions of
unemployed, marginalised and poor Indians cannot be ignored. The looming
humanitarian and human rights crisis can be averted if care is bestowed by
policy makers in the states and the national government to the following
issues.



*1.    **Roll Back full lockdown – if it all have calibrated, limited
lockdown areas*

We however would like to caution the CMs and the PM, about further
continuation of total lock down. We call upon the Prime Minister and Chief
Ministers to take people into confidence and evolve a transparent method to
determine in which regions the lockdown can be lifted, totally or partially
and to continue with lock down system only in select areas. This will help
people and local, small economies to revive and come back to life. We would
like to point out that the field situation is explosive: millions of poor,
marginalised and unemployed Indian are confronting the reality of acute
hunger and starvation both in rural and urban India because of loss of
livelihoods; serious economic distress confronts India’s farmers preparing
for the next agricultural season, local artisans, shop keepers and a host
of small entrepreneurs whose savings have evaporated and working capital
destroyed. MSME’s are facing economic ruin unless a well thought out
stimulus package is evolved and immediately rolled out. Millions of migrant
labourers have been stranded in worksites across India, unable to return
home, desperate to survive with no rations, cash and access to medical
facilities. What adds agony to the distress is the use of force by the
police in many states to control and quell people in the name of enforcing
the lockdown and also the attempt to silence voices questioning failures in
roll out of relief schemes.



*2.    **“People First Policy” and not just industry oriented, economic
revival programme*

PUCL points out that the central thrust of all Central and state
Governments policies and schemes to tackle the Corona pandemic should be
`People centric’ meaning thereby that all schemes should be viewed from the
prism of how it benefits the poorest, most marginalised and voiceless
people in India to regain normalcy at the earliest. We are constrained to
point out that the economic stimulus programmes so far discussed in the
public domain, are largely industry centric, economic revival programmes
addressing the needs of big industry. Without minimising the importance of
revival of the industrial sector, we would like to point out that the bulk
of the working age workforce in India is largely constituted of over 90% in
the informal, unorganised sector whose survival needs require immediate
attention, which is not the situation currently.



*3.    **Ensuring Food Security**: Make Universal PDS and Guaranteed
Employment benefit for rural and urban poor*

We would like to point out to the Government of India that India’s current
food grains stock is reportedly over 87.19 Million metric tonnes of Cereals
(rice and wheat), 3 Million tonnes of Pulses, 1.1 Million tonnes of Oil
seeds and 4 Million Tonnes of Sugar[1]
<https://mail.google.com/mail/u/0/h/14ktmhw0vja0s/#m_-5020476824109684312_m_-6187555435687976830__ftn1>,
all sufficient to meet the needs of the entire Indian population for over a
year. Additionally wheat harvests in north India currently underway, will
add to the granary.

We therefore urge the Government of India, the following:



(a)  *Launch UNIVERSAL PDS System*: Reformulate the current targetted
ration distribution system into a Universal PDS system that supports both
ration card holders as also those who do not own ration cards (i.e. both
NFSA and non-NFSA beneficiaries) with 10kgs of grain, 1.5 kg of Dal and 800 gms
of edible oil per person per month, for the next six months (i.e. until
September) at the very least.

(b) *Universal coverage without insisting on ration cards*: In every state
there exist thousands of people who are without ration cards yet. There is
also the issue of migrant labourers who do not have ration cards in the
states where they have come to seek work. Hence we urge the government to
provide universal coverage to any person or family which seeks ration,
irrespective of their status. The social, economic and psychological
benefits of ensuring feeding the hungry to stave starvation and distress,
is far more than the expenses that may be  incurred due to double drawing.

(c)  The GoI should immediately releases funds to help states expand and
widen the scope of current employment generation programs like NREGA, not
just in rural areas, but also for urban poor.

(d) The number of days of employment under NREGA per family should be
increased from the current maximum of 100 days to between 180 to 200 days
to be in vogue till March, 2021. This will ensure employment and income
covering the loss suffered during the COVID lockdown.

(e)  The income support programme like the PM Jan Kalyan Yojana should be
increased from Rs. 1500 to Rs. 2500/- per person.

(f)   In NREGA sites, social distancing should be fully enforced, The
government should provide masks and soaps to ensure personal safety and
washing hands in work site.

(g) Urgently roll out `Public Canteens’ not just in cities but also in
towns, where hot cooked nutritious food is made available for people until
such time as people are able to resume normal life.



*4.    **Ensuring Livelihood Security**:  “Better to Err on the side of
inclusiveness than to exclude potential employment generating –
entrepreneurs”*

The Indian Supreme Court has in the starvation death case (*PUCL vs Union
of India*, 2001) held that right to food involves addressing 3 issues: (i)
Food Security (quantity of food), (ii) Nutritional Security (adequate
nutrition to all with special emphasis on pregnant women, elders, children,
physically handicapped) and (iii) Livelihood Security (recognising
employment ensures both economic autonomy and also dignity of individuals;
therefore ensuring every able bodied Indian gets a job, the basis for NREGA
scheme).



We need to recognise that with the sudden lock down, economic insecurity is
stalking not just the extremely poor but also farmers, small shop owners,
local businesses and small entrepreneurs like artisans, mechanic workshops
and so on. We stress the following:

(a)   Considering that the next agricultural season is just 2 months away,
the GoI should ensure Roll out a scheme for `Direct Cash Transfer’ to the
bank accounts of farmers so that they can purchase seeds, fertilisers and
other inputs to resume agricultural operations.

(b)  A similar cash transfer scheme should be rolled out to shop keepers,
artisans and others, who may already be enrolled in some government scheme
or the other, so that they can immediately re-launch their economic
operations.

(c)   *Denial of Workers right wrt overtime and create sweatshops*: PUCL
expresses its serious concerns over announcements about resumption of work
with the condition that workers should work 12 hours in a day consisting of
8 hours of regular work and 4 hours of Overtime. Some governments like
Gujarat have reportedly announced that the 4 hours of OT will not be based
on current law but based on piecework, which goes against hard won worker’s
rights. PUCL demands that working OT should be made voluntary and OT wages
should be paid at twice the rate of wages with a cap on number of OT hours
that workers can work daily and cumulatively in a week as stipulated in the
Factories Act. The approach should not be to extract more work from workers
but to employ more workers so as to ensure livelihood support for larger
numbers of working class people.



*5.    **Explosive Migrant Labour Crisis – 13+ crores Stranded Indians -
Need for humane, people-sensitive Policy*

One of the most traumatised and victimised groups affected by the arbitrary
and unplanned announcement of the nation-wide lockdown by the Prime
minister on 24th March, were the millions of migrant labourers who found
themselves stranded all across the country. Though precise estimates aren’t
available, according to the 2011 census the number of inter and intra state
migrants in India numbered about 139 million people or 13.9 crore Indians.
In effect, overnight, about 13+ crore people found themselves stranded in
other states / areas. With meagre earnings and still less savings, without
getting their monthly wages (due to announcement on 24th March) hundreds of
thousands of migrants and their families panicked, staring at an economic
collapse, outsiders in other states, with almost none or little economic or
social security programmes. Most of the migrants to north India from Bihar,
UP, Jharkhand, Odisha, West Bengal found that they were not permitted to
cross state boundaries. Thus effectively, lakhs of migrant workers were
stranded in localities which were closed down. Lacking safety in existing
labour laws regarding minimum wages, safety, working hours and other social
protection labour laws, these migrants are both voiceless and marginalised,
and alien in other states, thereby always living in a twilight zone, useful
only for their work and lacking any social recognition or legal protection.



PUCL demands that the government sheds its indifferent approach to the
situation of migrant labourer’s problems. PUCL also deprecates the policy
focus which favours deterring return of migrant labourers to their own
states thereby helping retain migrant labour ostensibly to be useful when
industries resume operation after lock down.

(a)   The immediate focus of all policy efforts should be to facilitate
immediate return of migrant labourers and their families, stranded in
different states, to their states of origin. Since this involves
inter-state movement, this programme should be facilitated by the Central
Government.

(b)  Adequate precaution should be undertaken to medically screen all those
migrant labourers who desire to return and to provide free medical
facilities with full food security to those who may be found Corona
positive.

(c)   All transport back home should be provided free of cost and should
adhere to the norms prescribed by the Health Ministry in this behalf
including social distancing, use of masks and other protocols.

(d)  As regards migrant workers in industrial clusters or zones where MSME
units thrive and who have so far tested negative for COVID and who desire
to continue working, the governments should facilitate the opening and
resumption of these industries immediately, of course, following prescribed
medical protocols. As illustration we may refer to migrant labour
concentrations in cities like Surat in Gujarat, associated with the
textile, diamond and other industries who can be assisted to open
operations, helping both the entrepreneurs and also labourers.

(e)   Such migrant workers should be provided with at least 10 days of
ration per person to be immediately provided without insistence on
providing proof of ration card in the state of their origin.

(f)    Additionally, all the migrant workers should be immediately
registered by the Government and a helpline set up to respond to their
issues, both in terms of their food survival rations as also other needs.



*6.    **Communalisation, Stigmatisation and Targetted Ostracism of
Minorities – **Demand for PM to give televised call to stop people from
communalising reports or boycotting minorities*

One of the most condemnable aspect of the corona pandemic spread, has been
the attempt by members of the majoritarian, right wing groups to
deliberately target members of the minority groups as being responsible for
the origin and spread of the virus. Aided by an openly biased mainstream
media, blatant attempts were made to communally attack members of the
Muslim organisation called the `Tablighi Jamaat’ who held meeting in Delhi
in the 2nd week of March, 2020 as being the cause of the spread of Corona
fanning the already simmering communal situation riven by hate politics in
India. Numerous incidents can be highlighted from all parts of the country
to deliberately communalise and polarise news by spreading fake news
somehow implicating Islamic or Christian based groups indulged in by a
variety of Hindutva based political groups. PUCL strongly condemns such
targetted ostracism and communalisation of Covid 19 news. In this regard
PUCL demands:

(a)  It is of utmost importance that none less than *the Prime Minister,
Shri Narendra Modi, himself should publicly condemn the attempt to
communalise the Covid pandemic issue and gives a televised call
unamibuously and clearly asking people not to communalise incidents,
stigmatising minorities and give calls to ostracise or boycott Muslims or
other minorities*.

(b)   All the state governments should put down any attempt to sow communal
divisions or hatred through any means whatsoever by first giving warnings
and thereafter launching prosecutions, following the laws of the land.



*7.    **Threat to Civil Liberties and Imposition of Emergency like
situation in wake of Corona pandemic*

PUC considers it most unfortunate that lockdown measures had to be enforced
by using police power and prosecuting people for breaking the curfew-like
conditions imposed on people. The entire country witnessed sights of
policemen brutally assaulting and beating people found out on roads and
streets PUCL demands that enquiry should be launched on all such policemen
and suitable departmental and criminal action taken for breach of powers
and abuse of law.



*Misuse of sec. 144 CrPC and rising arrests*: Another concern is the
repeated promulgation of sec. 144 CrPC prohibitory orders as a means of
enforcing the lockdown. Not only are the orders in violation of the norms
regarding the need to promulgate such orders, but they have tended to
result in the police using brute power in a completely unaccountable
manner, in most states in India.



To illustrate the latest statistics from Rajasthan show that there have
been 8,162 preventive arrests with 1152 FIRs being registered during the
lockdown period. Over 2,000 people have been arrested and over Rs. 2.7
crores has been collected as fines under the Motor Vehicles Act.



*Stifling free speech and right to question state policy and programme*:
Most state administrations have used the context of the Covid pandemic and
crisis to warn citizens, and especially medical personnel, from criticising
state policy or questioning claimed progress in the spread of Corona virus
or questions of plight of medical personnel fighting the Corona virus
pandemic with poor PPEs and other facilities provided to the doctors and
other medical personnel.

PUCL strongly condemns all such actions to stifle questions seeking
accountability or information from the government services. It is important
to stress the rights of citizens to ask questions, differ from state policy
and criticise programmes and in short to the right to dissent and differ
from the Government’s views.



*Setting up a Surveillance State via the Aarogya Setu*: PUCL strongly
denounces the attempt to make the Aarogya Setu app compulsory for all
Indians, especially those seeking medical support in government hospitals.
The attempt is much more than helping to track the patients medical
treatment but enables the use by the government of the app as a
surveillance tool of each individual who is registered with the app. The
app is a dangerous tool, in the future, enabling state agencies to snoop on
the life and activities of citizens, thereby violating fundamental right to
privacy.  The usage of the app shuld be voluntary and all data shluld be
stored locally on people’s devices and not left in a centralised server.
Government should recognise that all information right from location
information to  proximity confirmation to health status, to whether they
have been placed in isolation js sensitive personal information and should
be used only strictly with individual consent.  Even if the collected data
needs to be used, it should be permitted only on comprehensive evidence
based justification every steo of the way.



*8.    **Criminalisation of rights activists and imprisonment on rights
defenders:* PUCL expresses its greatest concern and also condemns the
attempts made by the state agencies to criminalise the activities of many
activists who question the anti-Covid policies and programmes launched by
the government as being violative of people’s rights or for other reasons.
Media reports that over 1,000 rights defenders have been arrested,
particularly in states like UP and Delhi, for demanding greater relief in
their areas or questioned blatant attempt to communalise and target Islamic
communities as being responsible for spread of Corona virus in India.



PUCL also condemns the arrest of numerous activists of different groups who
had played an active role in the anti-CAA protests in Delhi and in north
India between December , 2019 to March, 2020.



9.    *In General*:

*Ramp up Corona Testing*: PUCL demands that the Government ensure adequate
testing of all citizens for COVID virus infection. While acknowledging that
the lockdown may have been one factor in arresting sharp growth of the
corona virus infection in India, it nevertheless has to be pointed out that
the ratio of testing to population at large is amongst the lowest globally.
One factor for this is the paucity of testing kits. Experts have clearly
warned that we cannot remain complacent and there is a possibility of
resurgence of Corona virus infections between May to July, 2020. The
Government of India urgently requires to equip itself with adequate Corona
testing kits.



*Make Corona Tests Free*: PUCL demands that all Corona tests should be
offered free for all citizens, irrespective of their status.



*Requisition Private Hospitals and Resources: *What is most critical is to
see the Corona virus as a common virus for which all of society should be
involved. This involves requisitioning the resources from private,
corporate hospitals including their beds, ICU facilities and other
resources so as to tackle the growth of the virus over the next 6 months,
at a minimum.



*Supply Adequate number of Good quality PPEs:* The medical fraternity –
doctors, nurses and other medical personnel – have uniformly across India
been pointing out to the inadequate and poor quality of PPEs (Personal
protective equipment) provided to them while treating with seriously and
critically ill Corona patients. Given the acutely infectious nature of the
disease it’s a shame and a disservice to condemn the `Frontline Warriors’
in the fight against corona to wage the war with inadequate and poorly made
PPEs.



Even while the governments want the citizens to follow and respect the law,
PUCL would like to point out that the governments, both Central and State,
are the biggest violators of the law relating to declaring an area epidemic
hit as prescribed by the Disaster Management Act, 2006. The Disaster
Management Act actually provides for detailed procedure to be followed when
declaring an area prohibited zone due to epidemics. It is ironic that the
government itself has been the biggest violator of the Disaster Management
protocols to be followed during times of epidemics.



In conclusion PUCL demands that a more considerate and humanitarian
approach be taken in the context of decongesting the prisons by releasing
more number of prisoners. It is a fact that many governments and courts too
have taken a more proactive role in being liberal while granting bails to
people lodged in prison. The jails even after this are filled to capacity
posing a major health challenge. While demanding that more progressive
steps be taken to release more prisoners from custody, we also call upon
the Governments to also release all political prisoners and those arrested
for their political beliefs.







Mr. Ravi Kiran Jain, President, PUCL                             Dr. V.
Suresh, Gen, Secy, PUCL



------------------------------

[1]
<https://mail.google.com/mail/u/0/h/14ktmhw0vja0s/#m_-5020476824109684312_m_-6187555435687976830__ftnref1>

https://www.grainmart.in/news/coronavirus-alert-india-has-enough-food-grain-stock-to-supply-to-its-citizens-for-more-than-1-year/
<https://www.google.com/url?q=https%3A%2F%2Fwww.grainmart.in%2Fnews%2Fcoronavirus-alert-india-has-enough-food-grain-stock-to-supply-to-its-citizens-for-more-than-1-year%2F&sa=D&sntz=1&usg=AFQjCNE1o7UfGPWy1iSyFQ4WuiDpPNVIlg>
@
25April2020



--------------------------------
*Dr. V. Suresh*,
National General Secretary, PUCL - People's Union for Civil Liberties,
332, Patparganj
<https://www.google.com/maps/search/332,+Patparganj?entry=gmail&source=g>,
Opp. Anandlok Apartments,
Mayur Vihar - I, Delhi 110091, India.
Ph.: +91-11-22750014; (Fax): +91-11-42151459.

Personal: +91-9444231497.

PUCL is releasing this statement demanding  end to full lockdown and
restricting it to select regions while opening up regions with n COVID 19
infections or where there is return to normalcy with no new recurrence of
infection in over 14 days.

PUCL also has raised crucial issues relating to economic security and
livelihoods of crores of migrant workers and India's poor and marginalsied
communities which needs to be considered by each state government as also
the Central.

We request you to provide adequate to take these issues of the people to
the policy makers. We apologie for the late despatch of the statement but
hope your publication will find it useful to highlight key issues.

With regards,
Dr. V. Suresh, General Secretary, PUCL
-- 
Peace Is Doable

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