COVID-19 | Few people approach courts to seek inquiry, damages or fix duty, say counsels

“My father could have been saved. It was not just COVID which killed him,” tweeted an actor just lately.

This is a typical sentiment amongst most people who had misplaced their family members due to the raging pandemic however not lots of them have chosen to approach the courts of regulation in opposition to alleged unpreparedness of the State within the dealing with the disaster. And authorized consultants cite a number of causes for the hesitation.

No doubt, activists have been submitting quite a few public curiosity litigation petitions on common points regarding COVID-19 and the Supreme Court in addition to a number of High Courts within the nation have additionally taken up suo motu proceedings to monitor the State’s motion within the battle in opposition to the pandemic. However, particular person circumstances demanding an inquiry to fix duty or looking for damages for the loss have been few and much.

Senior Counsel R. Vaigai says there’s actually a “grave failure” on the a part of the State in having “failed to save lives” as people could be seen operating from pillar to publish in frantic search of hospital beds, oxygen, medicine and vaccines. Yet, many had not approached courts to maintain the State accountable due to causes which differ from particular person to particular person, relying upon their financial standing and different elements, she factors out.

The counsel says people within the low-income group don’t select to litigate as a result of their main concern is to earn the following meal of the day. And those that can afford to litigate don’t select to accomplish that as a result of the judicial system is just not litigant-friendly. E-filing of circumstances is but to change into a norm within the nation and the lengthy delay in disposing of even writ petitions, filed beneath Article 226 of the Constitution, is the dissuading issue, she says.

Two writ pleas thus far

So far, solely two particular person writ petitions associated to COVID-19 have been filed within the Madras High Court. One is a case filed by the spouse of a neurosurgeon whose physique couldn’t be buried in a Christian cemetery in April 2020 as a result of native residents had objected fearing the unfold of COVID-19. A single decide ordered for reburying the physique as per her want, however a Division Bench stayed the order on an enchantment most well-liked by Greater Chennai Corporation.

The different case is filed by a vaccine trial volunteer who had reportedly suffered medical problems after the trial. He had filed a writ petition, by his counsel N.G.R. Prasad, looking for a compensation of ₹5 crore and this case can be pending adjudication after ordering notices to the Centre, the Drugs Controller General of India, the Indian Council of Medical Research and the vaccine producer.

Senior counsel M. Ajmal Khan says not many within the nation select to sue the State as a result of it is extremely tough for a typical man to put up a authorized battle in opposition to the “mighty government” which has quite a few regulation officers at its disposal to defend itself. Constitutional courts additionally don’t entertain writ petitions simply as a result of such circumstances contain disputed questions of reality. Most of the time, the litigants are compelled to approach civil courts.

“In civil courts, a litigant has to pay a considerable amount of court fee to file a suit for damages and almost half of his/her lifetime would be spent on conducting the case. Cost of litigation and time are also prime reasons why many do not resort to this course of remedy. These anomalies must be addressed in our country so that people could be encouraged to stand up against injustice and put up a legal fight,” he provides.