# CENTRE FOR PUBLIC INTEREST LITIGATION v. UNION OF INDIA

- **Citation:** [2020] 11 S.C.R. 425
- **Court:** Supreme Court of India
- **Decided:** 2020-08-18
- **Bench:** Ashok Bhushan, R. Subhash Reddy, M. R. Shah
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/centre-for-public-interest-litigation-v-union-of-india-34206
- **Pages:** 46

## Headnote

Disaster Management Act, 2005 - s.11 - National Plan -
COVID-19 - Pandemic - A Public Interest Litigation filed in the
wake of COVID-19 pandemic seeking direction to the Union of
India to prepare, notify and implement a National Plan u/s. 11 r/w.
s.10 of the Act, 2005 to deal with current pandemic (COVID-19) -
Petitioner submitted that National Plan uploaded on the website of
National Disaster Management Authority of the year 2019 does
not deal with situations arising out of the current pandemic and
has no mention of measures like lockdown, containment zones, social
distancing etc. - Held: The first National Plan u/s. 11 was framed
in the year 2016, which was revised and the National Plan was
prepared and notified in November, 2019 - National Plan and
guidelines as contemplated by the statute for Disaster Management
is by its very nature prior to the occurrence of any disaster and as
a measure of preparedness - It is not conceivable that a National
Plan would be framed after the disaster has occurred - A National
Plan encompasses and contemplate all kinds of disasters - The
Biological and Public health emergencies has already been
contemplated in the National Plan, 2019, which as notified in table
1-1 under paragraph 1.13.1 specifically includes epidemics: Viral,
Bacterial, Parasitic, Fungal and prior infections - Novel
Coronavirus is an epidemic which has become pandemic - Plan2019 is complemented by several plans, Standard Operating
Procedures (SOPs), manuals, Guidelines at all levels of the
Government - Further, the National Disaster Management Authority
had issued guidelines in the year 2008 itself which has been further
detailed in Plan-2019 - All aspects of the epidemics, all measures
to contain an epidemic, preparedness, response, mitigation have
been elaborately dealt in Plan-2019 - The Disaster Management
Act, 2005 contain ample powers and measures, which can be taken
[2020] 11 S.C.R. 425
425
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[2020] 11 S.C.R.
by the National Disaster Management Authority, National Executive
Committee and Central Government to prepare further plans,
guidelines and Standard Operating Procedure (SOPs), which in
respect to COVID-19 have done from time to time - Containment
Plan for COVID-19 was also issued - There are no lack of guidelines,
SOPs and Plan to contain COVID-19 - Nodal Ministry has brought
on record updated containment plan for large outbreaks of COVID19 - Guidelines and orders have been issued from time to time to
regulate all measures to contain COVID-19 - Thus, there is no merit
in the submission of the petitioner that there is no sufficient plan to
deal with COVID-19 pandemic - National Plan, 2019 have been
there in place supplemented by various orders and measures taken
by competent authorities under Disaster Management Act, 2005,
there is no occasion or need to issue any direction to Union of
India to prepare a fresh National Plan for COVID-19.
Disaster Management Act, 2005 - s.12 - Guidelines for
Minimum Standards of Relief - COVID-19 - Pandemic - A public
interest litigation filed in wake of COVID-19 pandemic, seeking
direction to the Union of India to lay down minimum standards of
relief u/s. 12 of the Act, 2005 to be provided to persons affected
with COVID-19 - The petitioner pleaded that Centre should come
up with detailed guidelines recommending the minimum standards
of relief to be provided in the relief camps in relation to shelter,
food, drinking water, medical cover and sanitation, in absence of
which, shelter homes and relief camps are susceptible of becoming
hotbeds for the spread of COVID-19 infection - It was further
pleaded that the Centre should come up with detailed guidelines
under s.12(ii) and (iii) of Act, 2005 for widows and orphans and
ex-gratia assistance to be provided to the kith and kin of those
losing life because of COVID-19 infections but also as a result of
harsh lockdown restrictions - It was also submitted that there are
no guidelines providing

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CENTRE FOR PUBLIC INTEREST LITIGATION
v.
UNION OF INDIA
(Writ Petition (Civil) No. 546 of 2020)
AUGUST 18, 2020
[ASHOK BHUSHAN, R. SUBHASH REDDY AND
M. R. SHAH, JJ. ]
Disaster Management Act, 2005 - s.11 - National Plan -
COVID-19 - Pandemic - A Public Interest Litigation filed in the
wake of COVID-19 pandemic seeking direction to the Union of
India to prepare, notify and implement a National Plan u/s. 11 r/w.
s.10 of the Act, 2005 to deal with current pandemic (COVID-19) -
Petitioner submitted that National Plan uploaded on the website of
National Disaster Management Authority of the year 2019 does
not deal with situations arising out of the current pandemic and
has no mention of measures like lockdown, containment zones, social
distancing etc. - Held: The first National Plan u/s. 11 was framed
in the year 2016, which was revised and the National Plan was
prepared and notified in November, 2019 - National Plan and
guidelines as contemplated by the statute for Disaster Management
is by its very nature prior to the occurrence of any disaster and as
a measure of preparedness - It is not conceivable that a National
Plan would be framed after the disaster has occurred - A National
Plan encompasses and contemplate all kinds of disasters - The
Biological and Public health emergencies has already been
contemplated in the National Plan, 2019, which as notified in table
1-1 under paragraph 1.13.1 specifically includes epidemics: Viral,
Bacterial, Parasitic, Fungal and prior infections - Novel
Coronavirus is an epidemic which has become pandemic - Plan2019 is complemented by several plans, Standard Operating
Procedures (SOPs), manuals, Guidelines at all levels of the
Government - Further, the National Disaster Management Authority
had issued guidelines in the year 2008 itself which has been further
detailed in Plan-2019 - All aspects of the epidemics, all measures
to contain an epidemic, preparedness, response, mitigation have
been elaborately dealt in Plan-2019 - The Disaster Management
Act, 2005 contain ample powers and measures, which can be taken
[2020] 11 S.C.R. 425
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by the National Disaster Management Authority, National Executive
Committee and Central Government to prepare further plans,
guidelines and Standard Operating Procedure (SOPs), which in
respect to COVID-19 have done from time to time - Containment
Plan for COVID-19 was also issued - There are no lack of guidelines,
SOPs and Plan to contain COVID-19 - Nodal Ministry has brought
on record updated containment plan for large outbreaks of COVID19 - Guidelines and orders have been issued from time to time to
regulate all measures to contain COVID-19 - Thus, there is no merit
in the submission of the petitioner that there is no sufficient plan to
deal with COVID-19 pandemic - National Plan, 2019 have been
there in place supplemented by various orders and measures taken
by competent authorities under Disaster Management Act, 2005,
there is no occasion or need to issue any direction to Union of
India to prepare a fresh National Plan for COVID-19.
Disaster Management Act, 2005 - s.12 - Guidelines for
Minimum Standards of Relief - COVID-19 - Pandemic - A public
interest litigation filed in wake of COVID-19 pandemic, seeking
direction to the Union of India to lay down minimum standards of
relief u/s. 12 of the Act, 2005 to be provided to persons affected
with COVID-19 - The petitioner pleaded that Centre should come
up with detailed guidelines recommending the minimum standards
of relief to be provided in the relief camps in relation to shelter,
food, drinking water, medical cover and sanitation, in absence of
which, shelter homes and relief camps are susceptible of becoming
hotbeds for the spread of COVID-19 infection - It was further
pleaded that the Centre should come up with detailed guidelines
under s.12(ii) and (iii) of Act, 2005 for widows and orphans and
ex-gratia assistance to be provided to the kith and kin of those
losing life because of COVID-19 infections but also as a result of
harsh lockdown restrictions - It was also submitted that there are
no guidelines providing for minimum standards of relief for COVID19 - Held: The respondent has brought on record the guidelines
which were in existence before declaration of COVID-19 pandemic
and it covers all statutory requirement as enumerated in s.12 - The
uniform guidelines are contemplated so that persons affected by
disaster are provided with minimum requirement in the relief camps
in respect of shelter, food, drinking water, medical cover and
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sanitation and other reliefs as contemplated in the section - There
being already guidelines for minimum standards in place even before
COVID-19, the said guidelines for minimum standards holds good
even for those who are affected by COVID-19 - Further, Government
of India has treated COVID-19 as a notified disaster for the purpose
of providing assistance under State Disaster Response Fund, norms
of assistance for ex-gratia payment to families of deceased persons
and other assistance - Therefore, Union of India is not obliged to
lay down minimum standard of relief u/s.12 and guidelines issued
u/s.12 providing for minimum standards of relief holds good for
pandemic COVID-19 also.
Disaster Management Act, 2005 - s. 46 - National Disaster
Response Fund - COVID-19 - Pandemic - Public Interest Litigation
- The submissions of the petitioner centre around National Disaster
Response Fund (NDRF) and PM CARES Fund - It was submitted
that the earlier guidelines for administration of NDRF which came
into force with effect from financial year 2010-11 have been
modified by new guidelines with effect from financial year
2015-16, and now it is not possible for any person or institution to
make contribution to the NDRF and it was further submitted that
deletion of paragraph 5.5 of earlier guidelines makes it clear that
it is not possible for any person or institution to make any
contribution to NDRF - It was contended that paragraph 5.5 of the
earlier guidelines was deleted to benefit the PM CARES Fund -
Held: New guidelines contain the same heading, i.e. 'Contribution
to the NDRF' and guideline 5.2 provides 'Funds will be credited
into the NDRF in accordance with the provisions of the s. 46(1)(a)
& (b) of the Disaster Management Act, 2005 - The above guideline
5.2 specifically referred to s. 46(1)(a) & (b) and s. 46(1)(b) expressly
provides that any grants that may be made by any person or institution
for the purpose of disaster management shall be credited to NDRF
- Thus, the submission that it is not possible for any person or
institution to make any contribution to the NDRF is incorrect - So,
any contribution, grant of any individual or institution is not
prohibited to be credited into the NDRF and it is still open for any
person or institution to make contribution to the NDRF in terms of
s. 46(1)(b) of the Act, 2005 - Further, the contribution by any person
or by any institution in PM CARES Fund is voluntary and it is open
for any person or institution to make contribution to the PM CARES
Fund.
CENTRE FOR PUBLIC INTEREST LITIGATION v. UNION OF
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Disaster Management Act, 2005 - s. 46 - COVID-19 -
Pandemic - NDRF and PM CARES Fund - Public Interest Litigation
- After outbreak of Pandemic COVID-19, need of having a dedicated
national fund with objective of dealing with any kind of emergency
or distress situation, like posed by the COVID-19 pandemic, a fund
was created, namely, PM CARES Fund - It was contended that all
the contributions/ grants from individuals/institutions to be credited
in NDRF and not to PM CARES Fund and all the funds collected in
PM CARES Fund till date should be directed to be transferred to
NDRF - Held: As per the new guidelines, 2015-16 expenditure from
NDRF is meant to assist a State to provide immediate relief in those
cases of severe calamity, where the expenditure required is in excess
of the balance in the State's SDRMF - The Centre has released first
intalment of Rs.11,092/- crores out of 22,184/- crores which was
the Central share of SDRMF and there is nothing on record that
any State has exceeded the expenditure in excess of the balance in
the State's SDMRF, there is no occasion of asking more fund by the
State from NDRF - Whereas, the PM CARES Fund has been
constituted as a public charitable trust in the year 2020 - Under
the guidelines which were in existence with effect from financial
year 2015-16, neither NDRF nor SDRMF covered the bioligical
and public health emergencies - No contribution by any person or
institution in the NDRF could have been made prior to the notification
dated 14.03.2002, which notified COVID-19 as disaster - The
outbreak of COVID-19 required immediate enhancement in the
infrastructure of medical health and creation of fund to contain
COVID-19 - PM CARES Fund was constituted to have necessary
financial resources to meet the emergent situation - The NDRF and
PM CARES Fund are two entirely different funds with different object
and purpose - The funds collected in the PM CARES are funds of a
public charitable trust and there is no occasion for issuing any
direction to transfer the said funds to the NDRF.
Dismissing the writ petition, the Court
HELD: 1. I) Whether the Union of India under Section 11
of the Disaster Management Act, 2005, is obliged to prepare,
notify and implement a National Disaster Management Plan
specifically for pandemic COVID-19 irrespective of National
Disaster Management Plan notified in November, 2019?
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1.1 The Biological and Public Health Emergencies has
already been contemplated in the National Plan, 2019, which as
noticed in table 1-1 under paragraph 1.13.1 specifically includes
epidemics: Viral, Bacterial, Parasitic, Fungal and prion infections.
Novel Coronavirus is an epidemic which has become a pandemic.
[Para 36][454-C]
1.2 Thus, the National Disaster Management Authority was
well aware of the epidemics and had issued guidelines in the year
2008 itself which has been further detailed in Plan-2019. All
aspects of the epidemics, all measures to contain an epidemic,
preparedness, response, mitigation have been elaborately dealt
in Plan, 2019. Unless the National Plan as contemplated under
Section 11 contains all aspects of disaster including the Biological
and Public Health Emergencies, it will not be possible for the
Governments to immediately respond and contain an epidemic.
[Para 38][454-H; 455-A]
1.3 The Disaster Management Act, 2005 contain ample
powers and measures, which can be taken by the National Disaster
Management Authority, National Executive Committee and
Central Government to prepare further plans, guidelines and
Standard Operating Procedure (SOPs), which in respect to
COVID-19 have been done from time to time. Containment Plan
for Novel Coronavirus, 2019 has been issued by Ministry of
Health and Family Welfare, Government of India, copy of which
updated up to 16.05.2020 has been brought on record as
Annexure-R4. There are no lack of guidelines, SOPs and Plan to
contain COVID-19, by Nodal Ministry and Annexure R-6 has
been brought on record issued by Ministry of Health and Family
Welfare, Government of India, i.e., Updated Containment Plan
for Large Outbreaks Novel Coronavirus Disease, 2019
(COVID-19). [Para 39][455-B-D]
1.4 National Executive Committee as well as Nodal Ministry
has issued guidelines and orders from time to time to regulate
all measures to contain COVID-19. The petitioners are not right
in their submissions that there is no sufficient plan to deal with
COVID-19 pandemic. COVID-19 being a Biological and Public
Health Emergency, which has been specifically covered by
National Plan, 2019, which is supplemented by various plans,
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guidelines and measures, there is no lack or dearth of plans and
procedures to deal with COVID-19. [Para 40][455-E]
1.5 This Court does not find any merit in the claim of the
petitioner that Union of India be directed to prepare a National
Plan under Section 11 for COVID-19. National Plan, 2019 have
already been there in place supplemented by various orders and
measures taken by competent authorities under Disaster
Management Act, 2005, there is no occasion or need to issue
any direction to Union of India to prepare a fresh National Plan
for COVID-19. Thus, the Union of India is not obliged to prepare,
notify and implement a fresh National Disaster Management Plan
for COVID-19. [Para 42][456-A-B]
2. II) Whether the Union of India was obliged to lay down
the minimum standards of relief under Section 12 of Act, 2005,
for COVID-19 irrespective of earlier guidelines issued under
Section 12 of the Act laying down the minimum standards of relief?
2.1 The guidelines brought on record which were in
existence since before declaration of COVID-19 pandemic,
covers all statutory requirement as enumerated in Section 12.
Section 12 contemplates minimum standards of relief to be
provided to persons affected by disaster. The word 'disaster'
mentioned in Section 12 encompasses all the disasters including
the present disaster. Section 12 does not contemplate that there
shall be different guidelines for minimum standards of relief for
different disasters. [Para 45][457-D-E]
2.2 The uniform guidelines are contemplated so that
persons affected by disaster are provided with minimum
requirement in the relief camps in respect of shelter, food,
drinking water, medical cover and sanitation and other reliefs as
contemplated in the section. There being already guidelines for
minimum standards in place even before COVID-19, the said
guidelines for minimum standards holds good even for those who
are affected by COVID-19. Section 12 does not contemplate that
afresh guidelines for the minimum standards of relief be issued
with regard to COVID-19. The prayer of the petitioner to direct
the Union of India to issue fresh guidelines under Section 12 to
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be provided to persons infected with COVID-19 is misconceived.
[Para 46][457-F-G]
3. (III) Whether Union of India is obliged to utilise National
Disaster Response Fund created under Section 46 of the Act for
the purpose of providing assistance in the fight of COVID-19?
IV) Whether all the contributions/grants from individuals
and institutions should be credited to the NDRF in terms of
Section 46(1)(b) of the Act rather than PM CARES Fund?
V) Whether all the funds collected in the PM CARES Fund
till date be directed to be transferred to the NDRF?
3.1 All the three questions being inter-related are taken
together. The submissions of the petitioner centre around
National Disaster Response Fund (NDRF) and PM CARES Fund.
[Para 49][458-E]
3.2 The guidelines for administration of the NDRF have
been revised with effect from financial year 2015-16 which have
been brought on record. As per paragraph 10 of the new
guidelines, expenditure from NDRF is meant to assist a State to
provide immediate relief in those cases of severe calamity, where
the expenditure required is in excess of the balance in the State's
SDRF. The NDRF is a statutory fund required to be audited by
the Comptroller & Auditor General of India, which was constituted
under Act, 2005 and is still in existence for the purposes as
enumerated in the statute as well as in the guidelines issued under
Act, 2005. [Paras 55 and 57][461-D-E; 462-D-E]
3.3 The PM CARES Fund has been constituted as a public
charitable trust. After outbreak of pandemic COVID-19, need of
having a dedicated national fund with objective of dealing with
any kind of emergency or distress situation, like posed by the
COVID-19 pandemic, and to provide relief to the affected, a fund
was created by constituting a trust with Prime Minister as an
ex-officio Chairman of PM CARES Fund, with other ex-officio
and nominated Trustees of the Fund. The PM CARES Fund
consists entirely of voluntary contributions from individuals/
organisations and does not get any Budgetary support. No
Government money is credited in the PM CARES Fund.
[Para 59][464-A-C]
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3.4 Firstly, paragraph 5.5 of earlier guidelines which
contemplated contributions by any person or institution for the
purpose of disaster management to the NDRF are very much
still there in the new guidelines, which have come into force with
effect from financial year 2015-16. New guidelines contain the
same heading, i.e., "Contribution to the NDRF" and guideline
5.2 provides "Funds will be credited into the NDRF in accordance
with the provisions of the Section 46(1)(a) & (b) of the Disaster
Management Act, 2005." The above guideline 5.2 specifically
referred to Section 46(1)(a) & (b) and Section 46(1)(b) expressly
provides that any grants that may be made by any person or
institution for the purpose of disaster management shall be
credited into the NDRF. The submission that after the new
guidelines, it is not possible for any person or institution to make
any contribution to the NDRF is, thus, misconceived and incorrect.
According to the statutory provisions of Section 46 as well as
new guidelines enforced with effect from financial year 2015-16
any person or institution can still make contribution to the NDRF.
[Para 61][464-F-H; 465-A]
3.5 Secondly, the PM CARES Fund has been constituted
in the year 2020 after outbreak of pandemic COVID-19 whereas
the new guidelines came into force with effect from 2015-16, on
which date the PM CARES Fund was not in existence, hence,
the submission that new guidelines were amended to benefit the
PM CARES Fund is wholly misconceived. [Para 62][465-B]
3.6 After issuance of the notification, the Government of
India, Ministry of Home Affairs (Disaster Management Division)
issued order of 03.04.2020 on the subject: "Advance release of
Central share from State Disaster Risk Management Fund
(SDRMF) for the year 2020-21". By the said order the Central
Government has released first instalment of Rs. 11,092/- crores
out of Rs.22,184/- crores which was the Central Share of SDRMF.
All States have been allocated different amounts for the purpose
of providing assistance under SDRMF. Annexure to the said
notification is at page 161, which indicates that maximum grant
allocated was to the State of Maharashtra as Rs.1,611/- crores as
first instalment and minimum amount to State of Goa, i.e.,
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Rs.6/- crores by the Centre. The notification dated 14.03.2020
clearly permits providing the assistance under SDRMF for
COVID-19. In event, any State expenditure is in excess of the
balance in the State's SDRMF, the State is entitled for the release
of fund from NDRF as it is clear from new guidelines filed. The
submission of the petitioner that NDRF cannot be used for any
assistance for COVID-19, thus, cannot be accepted. There is one
more aspect of the matter which needs to be noted. When the
Centre is providing financial assistance to the State to take
measures to contain COVID-19, as this Court has noticed above
that by order dated 03.04.2020 first instalment of Rs. 11,092/-
crores which is the Central Share to the SDRMF has been given
and there is nothing on record that any State has exceeded the
expenditure in excess of the balance in the State's SDRMF, there
is no occasion of asking more fund by the State from NDRF. When
the Central Government is providing financial assistance to the
States to contain COVID-19 it is not for any PIL petitioner to say
that Centre should give amount from this fund or that fund. The
financial planning is in the domain of the Central Government,
which financial planning is made after due deliberation and
consideration. This Court thus, does not find any substance in
the submission of the petitioner that there is any statutory
restriction/prohibition in utilization of NDRF for COVID-19. More
so when sub-section (2) of Section 46 specifically provides that
NDRF shall be made available to the National Executive
Committee to be applied towards meeting the expenses for
emergency response, relief and rehabilitation in accordance with
the guidelines laid down by the Central Government, the NDRF
can be used for containment of COVID-19. [Paras 64 and 65][466F-H; 467-A-E]
3.7 The guidelines which were issued for constitution and
administration of NDRF and State's SDRMF, the guidelines
provided utilization of fund for limited calamities, which did not
include any biological and public health emergency. This Court
has already noticed Clause 3.1 of guidelines for administration of
NDRF, which did not provide for the calamities which cover the
biological and public health emergency. Thus, under the guidelines
which were in existence with effect from financial year 2015-16
neither NDRF nor SDRF covered the biological and public health
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emergencies. It was only by notification dated 14.03.2020 that
COVID-19 was treated as notified disaster for the purpose of
providing assistance under SDRF. Obviously prior to this
notification dated 14.03.2020 no contribution by any person or
institution in the NDRF could have been made with respect to
specified disaster, namely, biological and public health emergency
like COVID-19, Outbreak of COVID-19 in India as well as other
countries of the World required immediate enhancement in the
infrastructure of medical health and creation of fund to contain
COVID-19. At this need of the hour no exception can be taken
to the constitution of a public charitable trust, namely, PM
CARES Fund to have necessary financial resources to meet the
emergent situation. [Para 71][468-F-H; 469-A-B]
3.8 The NDRF and PM CARES Fund are two entirely
different funds with different object and purpose. In view of the
foregoing discussions, the question Nos.3, 4 and 5 are answered
in following manner:
Answer 3. The Union of India can very well utilize the NDRF
for providing assistance in the fight of COVID-19 pandemic by
way of releasing fund on the request of the States as per new
guidelines.
Answer 4. Any contribution, grant of any individual or
institution is not prohibited to be credited into the NDRF and it
is still open for any person or institution to make contribution to
the NDRF in terms of Section 46(1)(b) of the Act, 2005. The
contribution by any person or by any institution in PM CARES
Fund is voluntary and it is open for any person or institution to
make contribution to the PM CARES Fund.
Answer 5. The funds collected in the PM CARES Fund are
entirely different funds which are funds of a public charitable trust
and there is no occasion for issuing any direction to transfer the
said funds to the NDRF. [Para 72][469-C-F]
Swaraj Abhiyan v. Union of India & Ors., (2016) 7
SCC 498 - referred to.
Gaurav Kumar Bansal v. Union of India and Ors.,
(2017) 6 SCC 730; Mulla Gulam Ali & Safiabai D. Trust
v. Deelip Kumar & Co., (2003) 11 SCC 772 - relied
on.
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Case Law Reference
(2016) 7 SCC 498
referred to
Para 8
(2017) 6 SCC 730
relied on
Para 8
(2003) 11 SCC 772
relied on
Para 68
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
546 of 2020.
[Under Article 32 of The Constitution of India]
Tushar Mehta, SG, K.M. Nataraj, Ms. Aishwarya Bhati, Sanjay
Jain, ASGs, Amit Kumar, AG, (Meghalaya), Anil Grover, AAG, (Haryana),
Jayant Muthuraj, AAG, (Tamil Nadu), Tapesh Kumar Singh, AAG,
(Jharkhand), Saurabh Mishra, AAG, (M.P.), Colin Gonsalves, C.P.
Sudhakara Prasad, Dushyant Dave, Ranjit Kumar, Dr. Manish Singhvi,
Kapil Sibal, P. Chidambaram, Ms. Gayatri Singh, Gopal Sankarnarayan,
Jaideep Gutpa, Sr. Advs., Nikhil Goel, Naveen Goel, Dushyant Sarna,
Vinay Mathew, Abhimanue Shrestha, Arun Pedneker, Rahul Chitnis, Sachin
Patil, Rajat Nair, Kanu Agrawal, Saurab Mishra, Gurmeet Singh Makker,
B. V. Balaram Das, Ejaz Maqbool, Ms. Uttara Babbar, M. Shoeb Alam,
S. Udaya Kumar Sagar, Ms. Swati Bhardeaj, Ms. Gunjan Singh, Siddharth
Seem, Ms. Anupradha Singh, Satya Mitra, Jishnu M.L., Ms. Priyanka
Prakash, Ms. Beena Prakash, G. Prakash, Prashant Bhushan,
Dr. Abhishek Atrey, Shadman Ali, Ms. Vidyottma Jha, Ms. Ambika Atrey,
Chirag M. Shroff, Ms. Sanjana Nangia, Ms. Abhilasha Bharati, Avijit
Mani Tripathi, Abhikalp P. Singh, Shaurya Sahay, Ms. Tarini K. Nayak,
Abhimanue Shrestha, Ms. Deepanwita Priyanka, Sumeer Sodhi, Ashish
Tiwari, Ms. Noopur Singhal, Rahul Khurana, Sanjay Kumar Visen,
Pranav Sachdeva, Manish Kumar, Pukhrambam Ramesh Kumar,
Ms. Anupama Ngangom, Karun Sharma, Shresth Sharma, Suhaan
Mukerji, Vishal Prasad, Amit Verma, M/S. Plr Chambers And Co.,
Raghvendra Kumar, Narendra Kumar, V. G. Pragasam, S. Prabu
Ramasubramanian, Karan Bharihoke, Siddhant Sharma, Shubhranshu
Padhi, Abhimanyu Tewari, Biju P. Raman, Raj Bahadur Yadav, Ms. Shashi
Juneja, Ms. Pinky Behera, Abhinav Mukerji, Ms. Bihu Sharma,
Ms. Pratishtha Vij, Mohit Paul, Rushab Aggarwal, Ms. Sunaina Phul,
K.V. Jagdishvaran, Ms. G. Indira, M. Yogesh Kanna, Shuvodeep Roy,
Rituraj Biswas, Sibo Sankar Mishra, Sandeep Kumar Jha, Ms. K. Enatoli
Sema, Siddhesh Kotwal, Ms. Arshiya Ghose, Ms. Astha Sharma, Arjun
Garg, Ms. Rati Tandon, Deepak Prakash, Nachiketa Vajpayee,
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Ms. Divyangna Malik, Ms. Rashmi Bansal, Raj Kishor Choudhary,
Ms. Nupur Kumar, Ms. Ronita Bhattacharya, Shadan Farasat, Bharat
Gupta, Sunil Fernandes, Amit Bhandari, Muhammad Khan, Avishkar
Singhvi, Varun Chopra, Omar Hoda, Prastut Dalvi, Ms. Aishwarya
Mohapatra, Gurtejpal Singh, Ms. Mithu Jain, Arnav Vidyarthi, Vivek
Sharma, Nitin Mishra, Ms. Mitali Gupta, Advs. for the appearing parties.
Alakh Alok Srivastava, Ms. Nanita Sharma, Mukesh Kumar,
applicant-in-persons.
The Judgment of the Court was delivered by
ASHOK BHUSHAN, J.
1. From the beginning of this year, 2020, the world including our
country is in the grip of a pandemic known as Novel Coronavirus
(COVID-19). On 31.12.2019, a cluster of cases of pneumonia of unknown
cause in the city of Wuhan, Hubei Province in China was reported to the
World Health Organisation (WHO). This was subsequently identified as
a new virus in January, 2020 and over the following months, the number
of cases continued to rise but were not contained to China and showed
exponential growth worldwide. Due to the global rise in cases, this was
declared a pandemic on 11.03.2020 by the WHO. The number of affected
persons is increasing worldwide. Although, substantial population is also
recovering from it but India witnessed exponential growth in number of
cases in the last month.
2. The world is familiar with several kinds of disasters from time
immemorial. Every country has faced one or other disaster in recent
memory. Disasters disturb lives, societies and livelihood around the world.
The impact of disaster is to strike hard earned economy, development
and material gains. Many of the destructive hazards are natural in origin
and some man made also. The whole world having faced adverse effect
of different kinds of disasters is now well aware of its ill effect and steps
internationally as well as nationally are being taken for last several
decades to combat different kinds of disasters. U.N. General Assembly
recognizing the importance of reducing the impact of natural disaster for
all people including developing countries designated 1990 as the
international decade of natural disaster reduction. The International
Strategy for Disaster Reduction (UNISDR) was established following
IDNDR of the 1990s. The UN/GA convened the second World
Conference on Disaster Risk Reduction (DRR) in Kobe, Hyogo, Japan
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2005, which concluded the review of the Yokohama Strategy and its
Plan of Action and the adoption of the Hyogo Framework for Action
2005-2015: Building the Resilience of Nations and Communities to
Disasters (HFA) (UNISDR 2005) by 168 countries. The HFA outlined
five priorities for action:
"(1)
Ensure that DRR is a national and a local priority with a
strong institutional basis for implementation;
(2)
Identify, assess, and monitor disaster risks and enhance early
warning;
(3)
Use knowledge, innovation, and education to build a culture
of safety and resilience at all levels;
(4)
Reduce the underlying risk factors;
(5)
Strengthen disaster preparedness for effective response at
all levels."
3. On 23.12.2005, both the Houses of Indian Parliament passed a
Disaster Management Bill. The Introduction and the Statement of Objects
and Reasons of the Bill mentions: -
"INTRODUCTION
For prevention and mitigation effects of disasters and for
undertaking a holistic, coordinated and prompt response to any
disaster situation it has been decided by the Government to enact
a law on disaster management to provide for requisite institutional
mechanisms for drawing up and monitoring the implementation of
the disaster management plans, ensuring measures by various
wings of Government. To achieve this objective the Disaster
Management Bill was introduced in the Parliament.
STATEMENT OF OBJECTS AND REASONS
The Government have decided to enact a law on disaster
management to provide for requisite institutional mechanisms for
drawing up and monitoring the implementation of the disaster
management plans, ensuring measures by various wings of
Government for prevention and mitigating effects of disasters and
for undertaking a holistic, coordinated and prompt response to
any disaster situation."
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4. The Disaster Management Act, 2005 (hereinafter referred to
as "Act, 2005") was enacted to provide for the effective management
of disasters and matters connected therewith or incidental thereto. The
enactment of Disaster Management Act, 2005 was to bring in place
requisite institutional mechanisms for drawing up and monitoring the
implementation of the Disaster Management Plans and other measures
by various wings of the Government for preventing and mitigating effects
of disasters. We shall notice the relevant provisions of the Act a little
later.
5. In accord with Disaster Management Act, 2005, Union Cabinet
approved a "National Policy on Disaster Management, 2009". Paragraph
1.1.1, 1.2.1 and 1.3.1 of the policy reads as under: -
"1.1.1 Disasters disrupt progress and destroy the hard-earned
fruits of painstaking developmental efforts, often pushing nations,
in quest for progress, back by several decades. Thus, efficient
management of disasters, rather than mere response to their
occurrence, has in recent times, received increased attention both
within India and abroad. This is as much a result of the recognition
of the increasing frequency and intensity of disasters, as it is an
acknowledgement that good governance in a caring and civilised
society, needs to deal effectively with the devastating impact of
disasters.
1.2.1 India is vulnerable, in varying degrees, to a large number of
natural as well as man-made disasters. 58.6 per cent of the
landmass is prone to earthquakes of moderate to very high
intensity; over 40 million hectares (12 per cent of land) is prone to
floods and river erosion; of the 7,516 km long coastline, close to
5,700 km is prone to cyclones and tsunamis; 68 per cent of the
cultivable area is vulnerable to drought and hilly areas are at risk
from landslides and avalanches. Vulnerability to disasters/
emergencies of Chemical, Biological, Radiological and Nuclear
(CBRN) origin also exists. Heightened vulnerabilities to disaster
risks can be related to expanding population, urbanisation and
industrialisation, development within high-risk zones, environmental
degradation and climate change (Maps 1-4).
1.3.1 On 23 December 2005, the Government of India (GoI) took
a defining step by enacting the Disaster Management Act, 2005,
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(hereinafter referred to as the Act) which envisaged the creation
of the National Disaster Management Authority (NDMA), headed
by the Prime Minister, State Disaster Management Authorities
(SDMAs) headed by the Chief Ministers, and District Disaster
Management Authorities (DDMAs) headed by the District
Collector or District Magistrate or Deputy Commissioner as the
case may be, to spearhead and adopt a holistic and integrated
approach to DM. There will be a paradigm shift, from the erstwhile
relief-centric response to a proactive prevention, mitigation and
preparedness-driven approach for conserving developmental gains
and to minimise loss of life, livelihood and property."
The policy noticed institutional framework under the Act, dealt
with financial arrangement, disaster prevention, mitigation and
preparedness.
6. Third U.N. World Conference on Disaster Risk Reduction was
held in March, 2015 at Sendai, Japan. One of the declarations made in
the conference was: -
"We, the Heads of State and Government, ministers and delegates
participating in the Third United Nations World Conference on
Disaster Risk Reduction, have gathered from 14 to 18 March
2015 in Sendai City of Miyagi Prefecture in Japan, which has
demonstrated a vibrant recovery from the Great East Japan
Earthquake in March 2011. Recognizing the increasing impact of
disasters and their complexity in many parts of the world, we
declare our determination to enhance our efforts to strengthen
disaster risk reduction to reduce disaster losses of lives and assets
from disasters worldwide."
7. The Sendai declaration dealing with priorities for action
emphasized following in paragraph 33(a):-
"33(a) To prepare or review and periodically update disaster
preparedness and contingency policies, plans and
programmes with the involvement of the relevant
institutions, considering climate change scenarios and their
impact on disaster risk, and facilitating, as appropriate,
the participation of all sectors and relevant stakeholders;"
8. Although Section 11 of Act, 2005 contemplated preparation of
a National Plan, however, the National Plan was not prepared till the
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year 2016 as was noticed by this Court in a judgment of this Court in
Swaraj Abhiyan Vs. Union of India & Ors., (2016) 7 SCC 498. In
the year 2016, National Disaster Management Plan was prepared as
required by Section 11 of the Act, 2005. The preparation of the National
Plan under Section 11 was noticed by this Court in Gaurav Kumar
Bansal Vs. Union of India and Ors., (2017) 6 SCC 730. In the same
judgment, this Court noticed that State Plan under Section 23 of the Act
(except by two States) and District Plan have also been prepared. The
preparation of National Plan, State Plan and District Plan were noticed
in paragraphs 7, 11 and 12 of the above judgment, which are to the
following effect:-
"7. It was further pointed out that a National Plan has been
approved and placed on the website of the NDMA in terms of
Section 11 of the Act and the guidelines for minimum standards of
relief Under Section 12 of the Act have also been placed on the
website of the NDMA.
11. As far as the preparation of the State Plan Under Section 23
of the Act is concerned, we have been informed by the learned
Counsel for NDMA that all States except Andhra Pradesh and
Telangana have prepared a State Disaster Management Plan
which is very much in place.
12. As far as the districts are concerned, it is stated that the District
Disaster Management Authority has been constituted in every
district Under Section 25 of the Act and out of 684 districts in the
country, a District Disaster Management Plan is in place in 615
districts while it is under process in the remaining districts."
9. The revision of the existing National Disaster Management
Plan, 2016 began in April, 2017 and completed in November, 2019. The
National Disaster Management Plan approved by National Disaster
Management Authority was notified in November, 2019.
10. This writ petition filed as a public interest litigation has been
filed in the wake of Covid-19 pandemic, seeking direction to the Union
of India to prepare, notify and implement a National Plan under Section
11 read with Section 10 of the Act, 2005 to deal with current pandemic
(Covid-19) and to lay down minimum standards of relief under Section
12 of the Act, 2005 to be provided to persons affected with COVID-19.
Petitioners have also sought for directions to utilize National Disaster
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Response Fund (NDRF) for the purposes of providing assistance in the
fight against COVID-19 and all the contributions/grants from individuals/
institutions be credited in NDRF and not to PM CARES Fund and all
funds collected in PM CARES Fund till date should be directed to be
transferred to NDRF. It is useful to note the specific prayers (a) to (c)
made in the writ petition: -
"a.
Issue a writ, order or direction to the Union of India to
prepare, notify and implement a National Plan under Section
11 read with Section 10 of the Disaster Management Act,
2005 to deal with the ongoing COVID-19 pandemic;
b.
Issue a writ, order or direction to the Union of India to lay
down minimum standards of relief, under Section 12 of the
Disaster Management Act, 2005, to be provided to persons
affected by the COVID-19 virus, as well as by the resultant
national lockdown;
c.
Issue a writ, order or direction to the Union of India to
utilize NDRF for the purpose of providing assistance in the
fight against GOVID-19 pandemic in compliance with
Section 46 of the DM Act, all the contributions/grants from
individuals and institutions shall be credited to the NDRF in
terms of Section 46(1)(b) rather than to PM CARES Fund
and all the fund collected in the PM CARES Fund till date
may be directed to be transferred to the NDRF;"
11. We have heard Shri Dushyant Dave, learned senior counsel
for the petitioner. Shri Kapil Sibal has also made his submissions in support
of the prayers and issues raised in the writ petition while addressing his
submissions in Suo Moto Writ Petition No. 6 of 2020. We have also
heard Shri Tushar Mehta, learned Solicitor General appearing for the
Union of India.
12. Petitioner's case in the writ petition is that the National Plan
uploaded on the website of National Disaster Management Authority of
the year 2019 does not deal with situations arising out of the current
pandemic and has no mention of measures like lockdown, containment
zones, social distancing etc. The Central Government has notified
COVID-19 as a "disaster" under Act, 2005 and has issued series of
notifications to contain the instant pandemic. Petitioner pleads that Centre
need to prepare a well-drawn National Plan to deal with instant pandemic
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and the same need to be prepared after due consultation with the State
Government and experts. Petitioner further pleads that Centre should
come up with detailed guidelines recommending the minimum standards
of relief to be provided in the relief camps in relation to shelter, food,
drinking water, medical cover and sanitation, in absence of which, shelter
homes and relief camps are susceptible of becoming hotbeds for the
spread of COVID-19 infection. Petitioner pleads that Centre should come
up with detailed guidelines under Section 12(ii) and (iii) of the Act, 2005
recommending special provisions to be made for widows and orphans
and ex gratia to be provided to the kith and kin of those losing life not just
because of COVID-19 infection but also due to harsh lockdown
restrictions.
13.