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4. Petitioner has further stated that by Exhibit-P1 order dated 18.04.2020, lockdown restrictions were relaxed and slowly, the people were back on track, in their daily life.
5. Petitioner has also stated that on 05.12.2021, a new Administrator assumed charge. Thereafter, due to the rise in COVID-19 reported cases, by Exhibit-P2 order dated 19.01.2021, nearby areas at Kavaratti were declared as containment zones.
6. Petitioner has contended that Lakshadweep is having a shortfall of not having sufficient medical facilities to contain the spread of COVID-19 Pandemic. On 28.04.2021, Corona Curfew was enforced in all the islands for seven days by the 4th respondent and with slight variations, the curfew was extended from time to time. In the meantime, agitations happened in various parts of the island against the oppressive regulations and executive orders of the new Administrator.
8. In support of the prayers sought for, petitioner has raised the following grounds:
A. Since the residents of Lakshadweep are under curfew for the last 40 days, as a part of the restrictions, in connection with COVID-19 Pandemic, they cannot go out from their residences for employment. It is pertinent to note that 80% of the people in Lakshadweep depend upon daily income to meet their basic necessities. In this connection, petitioner has referred to Article 21 of the Constitution of India and submitted that right to life includes the right to have basic necessities of life. To substantiate the same, he relied on the decision in Ashok v. Union of India (AIR 1997 SC 2298), wherein the Hon'ble Apex Court has declared that right to life contains all the aspects of life which make life meaningful, complete, and worth living. Therefore, he has contended that State is having the duty to provide necessary aid and food articles to the persons, who are in the grim of curfew, for the last 40 days and that the inaction on the part of the respondents, in not providing the necessary needs, is absolutely illegal and unjust.
C. It is further contended that the National Food Security Act, 2013 defines the joint responsibilities of Centre and State/ Union Territory Government. While the Union Government is responsible for allocation of food grains to States/UT, transportation of food grains upto the designated depots in each States/UT and providing Central assistance to States/UTs for delivery of food grains from designated godown to the door steps, the Union Territory administration is responsible for the effective implementation of the Act. D. The residents of Lakshadweep islands are in acute need of financial support, due to lack of employment, consequent to the curfew. They are not able to meet their basic needs for their sustenance. Direct cash transfer in food was started in UT's of Chandigarh, Puducherry and Dadra Nagar Haveli under which, cash equivalent to subsidy is being transferred directly into the bank accounts, to enable them to purchase food grains from the open market. Petitioner has pointed out that an unfortunate situation has occurred in Lakshadweep, by which, the people residing there are not having sufficient needs to sustain, due to the curfew, which is an obligatory evil. He contended that the inaction on the part of the respondents to make sure that sufficient food is provided to the people who are in lockdown and curfew, is absolutely unjust and unfair.
15. Learned Senior Central Government Standing Counsel further submitted that the above averments made by the petitioner is nothing, but misinforming the court. According to him, there was some inconvenience in procuring all the essential commodities, at the time of initial lockdown/ Curfew, and from 21.06.2021 onwards, the lockdown/Curfew conditions imposed, while declaring local shutdown have been relaxed, enabling the people of Lakshadweep to purchase all items. According to him, all activities are permitted. The prayers sought for in the writ petition do not survive.