ILNU MOOT COURT PIL DRAFTING COMPETITION 2020

Team Code: PIL-24 #3

Sr. No Particular Annexure Pg. No.

1. Synopsis 2

2. Memo of Petition 10-12

3. The report of UN, titled “A”

“Government of Gotham and the
United Nations: Sustainable
Development framework 2018-22”:
4. The estimated budget expenditure “B”
2020-21
5. WHO report titled “Global “C”
Spending on Health: A World in
Transition”
6. The Ministry of Health and Family “D”
welfare, “Additional Travel
Advisory for Novel Coronavirus
Disease (Covid-19)
IN THE SUPREME COURT OF THE REPUBLIC OF GOTHAM

[UNDER ARTICLE 32 OF THE CONSTITUTION OF THE REPBLIC OF GOTHAM]

WRIT PETITION (CIVIL) No. ______ OF 2020

SASH (Sanitize And Stay Hygienic) NGO                                             …. Petitioner

Versus
The Republic of Gotham and Ors. … Respondents
INDEX

IN THE SUPREME COURT OF THE REPUBLIC OF GOTHAM

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ILNU MOOT COURT PIL DRAFTING COMPETITION 2020

[UNDER ARTICLE 32 OF THE CONSTITUTION OF THE REPBLIC OF GOTHAM]

WRIT PETITION (CIVIL) No. ______ OF 2020

SASH (Sanitize And Stay Hygienic) NGO                                             …. Petitioner

Versus
The Republic of Gotham and Ors. … Respondents

SYNOPSIS:

This PIL is drafted on behalf of all the governmental and non-governmental sectors that are
working to ensure that proper safety is measured during the lockdown. The main petitioner
being an NGO backed with various states in the matter. A pandemic disease which emerged
in the city of Springfield has destroyed the whole structure of the country Gotham as the
disease is contact based and spreads rapidly. The country Gotham in order to prevent this
disease initiated a lockdown so that it does not spread further. The lockdown was initiated but
was not properly observed by the people of Gotham and due to their casual attitude, the
disease spread further and which created an alarming situation in the whole country.
Therefore, there were many deaths caused due to this virus and there is no cure available for
this virus. Also, the country did not properly plan the lockdown due to which it suffered
various economic lumps and attracted social scrutiny. The petitioner represents the people of
Gotham and various states which were struggling from this problem. It highlights the various
socio- economic issues that the country was facing during the lockdown and due to which the
whole country was suffering. The arguments by the Petitioner are backed by various acts both
national and international along with various articles of the constitution of Gotham. It has
mainly been contested on the grounds of article 25(1) of the UDHR, section 2 of the
Epidemic relief Act 1897, Article 21 along with Article 38 and 47 of the constitution of
Gotham which talks about the various safeguards which people should get during difficult
times like these. The petitioner humbly prays that there should be proper implementation of
all the precautionary measures during lockdown along with proper implementation. The same
is prayed by the organisation in this PIL made under Article 32 of the constitution on Gotha

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ILNU MOOT COURT PIL DRAFTING COMPETITION 2020

Team Code: PIL-24 #3

IN THE SUPREME COURT OF THE REPUBLIC OF GOTHAM

[UNDER ARTICLE 32 OF THE CONSTITUTION OF THE REPUBLIC OF GOTHAM]

WRIT PETITION (CIVIL) No. ______ OF 2020

IN THE MATTER OF PUBLIC INTEREST LITIGATION:

1. SASH (Sanitize and Stay Hygienic) NGO                                                 ….Petitioner

Versus

1. THE REPUBLIC OF GOTHAM

THROUGH CABINET SECRETARY
            Trenton- xxxxxx
2. STATE OF METROPOLIS
THROUGH CHIEF SECRETARY
Government of Metropolis, XYZ Lane- xxxxxx
3. STATE OF STAR CITY
THROUGH CABINET SECRETARY 
Government of Star City, AB Complex-xxxxxx
4. STATE OF COAST CITY
THROUGH CABINET SECRETARY
Government of Coast City, 1407 Graymalkin Lane-xxxxxx
5. STATE OF HILL VALLEY
THROUGH CABINET SECRETARY 
9303 Rosalynde-xxxxxx
6. STATE OF ARKHAM
THROUGH CHIEF SECRETARY

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ILNU MOOT COURT PIL DRAFTING COMPETITION 2020

Secretariat, Arkham-xxxxxx

7. STATE OF SUNNYDALE
THROUGH CABINET SECRETARY
Sunnydale, X-Lane-xxxxxx
8. STATE OF SPRINGFIELD
THROUGH CHIEF SECRETARY
Springfield ABC Building, Civil Secretariat-xxxxxx
9. STATE OF DUCKBURG
THROUGH CABINET SECRETARY 
Duckberg, B district-xxxxxx
10. STATE OF DISTRICT X
THROUGH CABINET SECRETARY
District X, Lane F-xxxxxx
11. STATE OF BASIN CITY
THROUGH CABINET SECRETARY
Basin City, Westchester County-xxxxxx
12. UNION TERRITORY OF RIVERDALE
THROUGH CHIEF SECRETARY
Riverdale, Salem City-xxxxxx
13. UNION TERRITORY OF KANSAS
THROUGH CHIEF SECRETARY 
Kansas, Platte County-xxxxxx

….Respondents

WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF THE

REPUBLIC OF GOTHAM, 1950 SEEKING A WRIT OF MANDAMUS OR
ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO THE
RESPONDENTS AND ALL ENTITIES RELATED TO THE HEALTH CARE
SECTOR AND OTHER APPROPRIATE MUNICIPAL AUTHORITIES AND
LOCAL SELF-GOVERNMENT AUTHORITIES TO ENSURE SAFETY OF
THE CITIZENS OF GOTHAM TILL THE PANDEMIC COVID-19 IS

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ILNU MOOT COURT PIL DRAFTING COMPETITION 2020

CONTAINED, TO NATIONALIZE ALL THE HEALTH CARE FACILITIES,

TO ENSURE PROPER SANITIZATION AND AWARENESS ESPECIALLY
IN THE RURAL AREAS OF THE COUNTRY AND TO MAKE AVAILABLE
THE QUARANTINE FACILITIES AND MEDICAL SUPPLIES, OR  A WRIT
OF MANDAMUS OR DIRECTION OR ORDER MAY BE ISSUED
DIRECTING ALL HEALTH CARE FACILITIES , ALL COMPANIES, ALL
INSTITUTES AND ALL ENTITIES RELATED TO HEALTH CARE SECTOR
SITUATED IN THE TERRITORY OF THE REPUBLIC OF GOTHAM TO
CONDUCT TESTS, PROCEDURES, TREATMENTS, AND SUBSEQUENT
TESTS WITH RESPECT TO THE COVID-19 DISEASE AT NO COST
WHATSOEVER TILL THE PANDEMIC OF COVID-19 IS CONTAINED. 

To:
The Honourable Chief Justice of Gotham 
And his companion justices 
Of the Supreme Court of The Republic of Gotham;

The Humble Petition of the Petitioner above named

MOST RESPECTFULLY SHEWETH: -
1. The present Writ Petition is filed under Article 32 of the Constitution of Republic of
Gotham seeking directions for the Government to ensure that the spread of COVID-
19 virus is curbed and ensure the protection of the life of citizens in pursuance of
Right to life, guaranteed under the constitution.
2. The petitioner is a Non-government organisation, that is registered under the Societies
Registration Act and has been working for the health and hygiene conditions in the
Country. It has helped in various government projects with regards to maintaining
sanitization amongst rural areas and other parts of the country. 
3. It is further mentioned that there is no criminal, civil or revenue litigation pending in
the name of the petitioner, having nexus to the present petition. The petition is filed
for the benefit of the public at large and there is no personal motive or benefit
involved of the petitioner.

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ILNU MOOT COURT PIL DRAFTING COMPETITION 2020

4. The Respondent no.1 is the Republic of Gotham, which has the duty at times of such
pandemic to take effective measures to provide health care facilities and curb the
spread of the virus by administering duties and obligations.
5. The Respondent no.2 to 13 are the States and Union territories which are along with
the Union government responsible to for the curbing the pandemic. According to the
State list, List-II, entry 6, Seventh Schedule, the Constitution of Gotham, the states are
responsible for “Public Health and Sanitation; hospitals and dispensaries” in their
States.
6. The Brief facts of the case are as follow:
I. COVID-19 or as commonly known as coronavirus, has emerged in Springfield, Divided
States, which spreads primarily by touching those contaminated by it. The World Health
Organisation (WHO) has announced a pandemic due to the outbreak of this virus to all parts
of the world. The United States of America and Italy amongst many other countries are
having a death toll of average 6oo deaths per day due to this Virus. At present, there is no
cure for this virus, only exercising hygiene practices and guidelines established by the
medical field and to maintain good immunity. The most vulnerable are the elderly people and
children and those who lack proper sanitation.

II. According to the reports, the republic of Gotham, at present there are more than 5000
people contaminated with this virus and about 150 deaths have taken place. The symptoms of
this virus are similar to pneumonia and the health professionals have recognized sneezing,
coughing, fever, respiratory problems as being the main symptoms of this virus. According to
the WHO guidelines, the Country needs to establish proper quarantine facilities and health
care facilities such as masks, sanitizers, gloves, isolation wards and moreover practicing
social distancing.

III. Social distancing or keeping distance from others is an important aspect to curb the
spread of the virus. This has been recognized and accordingly there has to be dismissal of the
workforce which are not essential services. Gotham is a country that has approximately 1.33
population. Furthermore, the rural population of Gotham is lacking proper sanitation and
hygiene. According to the UN report titled “Government of Gotham and the United Nations:
Sustainable Development framework 2018-22” despite the efforts of the government to curb

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ILNU MOOT COURT PIL DRAFTING COMPETITION 2020

the problems of lack of sanitation, there is still a persistent hygiene problem. Herein annexed
as Annexure ‘A’ the UN report.

IV. Unfortunately, Gotham is lacking when it comes to health care facilities. According to
Budget, Gotham has only allocated 1.6% of its total expenditure on public health which is
around Rs. 67,489 crores and is comparatively less than other countries. This has resulted in
poor infrastructure and inadequate health care facilities.   According to the WHO report titled
“Global Spending on Health: A world in Transition'', the average per capita expenditure on
Primary Health care (hereinafter “PHC”) in Low income is US $41 whereas in Gotham it
amounts to only USD $27 which is 1/3 rd less than that of PHC. In fact, though the private
health sector in Gotham is growing, it is at the cost of the public sector and wherein the per
capita income of the population is less than it creates the problem of lack of awareness or the
situation wherein the people don’t spend on health and hygiene. According to the IMF, India
ranked 126 out of all countries having per capita income as USD $ 7,170 which is
comparatively less than Brazil and other countries. The estimated budget expenditure is
annexed hereto as “Annexure B” and the WHO report titled “Global Spending on
Health: A World in Transition'' is annexed as “Annexure C”

V. It is respectfully submitted that though Gotham has made efforts such as lockdown for 21
days from 21st March 2020, and it has also banned travel, which was issued on 19. March
2020 by the Ministry of Health and Family Welfare, Government of Gotham wherein all the
scheduled commercial passenger flights to India where cancelled in light of COVID-19,
nonetheless the lack of proper healthcare facilities is the concern that needs to be addressed
by the Government as it plays an important role in the control of this virus. Herein annexed
the notice issued by the Ministry of Health and Family welfare, “Additional Travel
Advisory for Novel Coronavirus Disease (Covid-19) as Annexure “D”.

7. That the petitioner is thus constrained to approach this Hon’ble Court on the following
grounds ,which are without any prejudice to one another:

GROUNDS 

                         i.)    It is respectfully submitted that because Article 25(1) of Universal

Declaration of Human Rights, hereinafter “UDHR”, holds as follows:

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ILNU MOOT COURT PIL DRAFTING COMPETITION 2020

“Everyone has the right to a standard of living adequate for the

health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary social
services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or
other lack of livelihood in circumstances beyond his control.”

And Article 51 of the Constitution of Gotham, 1950 requires

the state to foster respect for international law and treaty
obligations, therefore the Gotham states are required to foster
the needs of the poor and provide medical facilities to those
who are underprivileged and cannot afford proper healthcare
facilities.

                       ii.)          That because the Section 2 of The Epidemic Diseases Act, 1897
provides as follows:

“2. Power to take special measures and prescribe regulations as

to dangerous epidemic disease. —(1) When at any time the
(State Government) is satisfied that [the State] or any part
thereof is visited by, or threatened with, an outbreak of any
dangerous epidemic disease, the (State Government), if [it]
thinks that the ordinary provisions of the law for the time being
in force are insufficient for the purpose, may take, or require or
empower any person to take, such measures and, by public
notice, prescribe such temporary regulations to be observed by
the public or by any person or class of persons as [it] shall
deem necessary to prevent the outbreak of such disease or the
spread thereof, and may determine in what manner and by
whom any expenses incurred (including compensation if any)
shall be defrayed.

(2) In particular and without prejudice to the generality of the

foregoing provisions, the [State Government] may take

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measures and prescribe regulations for—* * * * * (b the

inspection of persons travelling by railway or otherwise, and
the segregation, in hospital, temporary accommodation or
otherwise, of persons suspected by the inspecting officer of
being infected with any such disease.

* * * * *”

This act makes it simply clear along with the seventh schedule of the
constitution of Gotham that in order to prevent the outbreak of such life
threatening disease the government has the responsibility to take everything
under it like hospitals and private institutions like private medical schools etc.
under its ambit to  isolate the people and to prevent the further spread of this
epidemic.

                    

                     iii.)           That is because the right to get treatment is part of the Right to life  
as defined and provided for in Article 21 of the Constitution of Gotham. In the
various judgements of this Hon’ble Court, Right to life has been given
meaning keeping in mind the broader constitutional principles and
constitutional morality in mind. Life does not mean only beastly existence but
everything that comes around living a good life. Therefore, the people of
Gotham and its cities are entitled to get proper medical treatment and
protection from such a deadly disease which can easily take away their lives.
Therefore, the right to receive proper treatment is inalienable to the
Constitution of Gotham and therefore, people should get proper treatment.

                         iv.)          According to Article 38 of the constitution of Gotham “The state

should secure a social order for the promotion of welfare of the people” The
social welfare includes all ‘social, economic and social welfare’ and therefore
the state should not ignore the economic perspective of the epidemic like
COVID 19; as a result of which hundreds and thousands of daily wage
workers will lose their jobs and due to which there would be scarcity of food
and resources for these people. Therefore, the mighty state of Gotham should
provide some sort of economic support to those who cannot afford to buy

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resources during such a period of lockdown and upholding their right to live
and protecting them for the deadly epidemic of COVID 19.

                       v.)          That is because Article 47 of the Constitution of Gotham, stipulates

improvement of public health among the primary duty of the state. It is
primary duty of state to make sure that the public health remains of good
quality and in the time of pandemic it would imply expanding the ambit of
public health infrastructure by nationalizing/taking control of all health care
providing facilities situated within the territory of Gotham and making the
same available to the citizens of the country. There would be many economic
constraints in achieving this as Gotham is a developing nation but there should
be policies made in order to achieve these goals.

7. That the petitioner respectfully submits that the petitioner has preferred any other
proceedings before any other court including the Supreme court of Gotham
8. The Petitioner respectfully submits that the petitioner has no other efficacious remedy
or alternative remedy save and except by way of approaching this Hon’ble court
9. The petitioner, therefore humbly prays that:
PRAYER

a) YOUR LORDSHIPS, be pleased to admit and allow the application;

b) YOUR LORDSHIPS, be pleased to issue a writ of mandamus or any other writ;

seeking immediate, effective, large- scale proactive action in order to prevent the
spread of COVID-19 across Gotham; to fully educate the general public on the
seriousness of COVID-19 and their role in preventing its spread; to take immediate
steps for acquisition of and to ensure availability in sufficient quantity of N-95 (or any
other recommended) masks and alcohol-based sanitizers for the public; to inform the
court with regard to steps taken in terms of the Containment and Preparedness; to
suspend public gatherings and discontinue regular classes in
schools/colleges/universities; to enforce rigorous application and control measures in
terms of disinfection/sanitization of all the crowded/ public and private places.

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ILNU MOOT COURT PIL DRAFTING COMPETITION 2020

c) YOUR LORDSHIPS, be pleased to constitute a special task force in order to assess

preparedness for the outbreak of COVID-19 and consequent fallout post-outbreak.

d) YOUR LORDSHIPS, be pleased to seek reports from the said taskforce on a timely
basis;

e) YOUR LORDSHIPS, be pleased to direct the respective bodies to implement the

measures expeditiously and on an emergency basis;

f)  YOUR LORDSHIPS, be pleased to grant further relief as deemed just in fact and
circumstances of the case in the interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER IS DUTY BOUND

SHALL EVER PRAY 

Petitioner

AFFIDAVIT

                         Under :-
1. That I am the Petitioner in the above noted petition and being well conversant
with the facts of the case, I am competent to swear this affidavit before this
Hon’ble Court.
2. That the contents of the accompanying Petition at pages __ to __ , Synopsis
and List of Dates at pages __ to __ and all the contents have been drafted by
my counsel, I say that the contents thereof are true are correct to my
knowledge, belief, and information derived from the record of the case and the
submissions of law made therein are believed to be true and correct.
3. That the petitioner has not preferred any similar or other petition in the above
mentioned matter.
4. That I have gone through the Supreme Court (Public Interest Litigation) Rules
and do hereby affirm that the present Public Interest Litigation is in
conformity thereof.
5. That I have no personal interest in the litigation and neither myself nor
anybody in whom I am interested would benefit from the relief sought in the

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present litigation save as a member of the General Public. This petition is not
guided by self-gain or the gain of any person, institution, body and there is no
motive other than of public interest in filing this petition.
6. That I have done whatsoever inquiry which was in my power to do, to collect
all the data/material which was available and which was relevant for the court
to entertain the present petition. I further confirm that i have not concealed in
the present petition any data/material/information which may have enabled
this court in forming an opinion whether to entertain the petition or not and/or
whether to grant any relief or not.
7. That the contents of the above paragraphs of the affidavit and the contents of
the Petition/Application(s) herein above have been read over to me and the
same has been well understood by me.
Deponent

VERIFICATION-
Verified at Trenton on this __ day of April, 2020 that the contents of my above
affidavit are true and correct and no part thereof has been concealed.

Deponent

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