Supplementary Examination – General English, Semester I

SUBMITTED TO:

MR. JEEVAN SAGAR

Asst. Professor

Submitted by:

PRASHANT KERKETTA

ROLL NO. 119

Semester- I

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR (C.G.)

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ANSWER 1: Essay on the Disaster Management Act violates the Fundamental
rights of a citizen.

Introduction

Under 2D of the National Disaster Management act, “a Disaster is a catastrophe, a mishap,

calamity or any grave occurrence in any area which may arise from the natural or man-made
causes or due to any accident or negligence which may result in the substantial loss of human
suffering or any loss of life or any destruction or damage to anyone's property or any damage or
degradation of the nature and environment.” It may be of such a magnitude or nature which is
beyond the coping capacity of any society all community of such affected area.

The coronavirus or we can say COVID-19 as the name suggested by the World Health Organization
is the first attack ever in India in which the biological disaster is being managed by the legal and
constitutional institutions of India. The recent continues lockdown in the country has been imposed
under the precautionary measures of the Disaster Management Act 2005. The Prime Minister
Narendra Modi on 24th March 2020 declared on national television that the country would be under
state of lockdown for precautionary measures to stop the spreading of COVID-19 for a time period
of 21 days. This decision was made by the Prime Minister Modi the day after he had advised the
citizens of the country to follow the Janta curfew which was the type of voluntary curfew, not
allowing the citizens to come out of their houses. The official notification regarding the lockdown
was published by the Ministry of Home Affairs under section 6 of the disaster management act.
The Home secretary also issued certain guidelines in the lockdown under his powers granted to him
under section 10 of the disaster management act.1

In this essay I have tried to analyse the provisions of the disaster management Act 2005, about how
they have been applied in the COVID-19 pandemic. I have also tried to research on different legal
issues pertaining the act such as the interference with the basic fundamental rights which are
guaranteed under the constitution.

The word lockdown is not a legal term. This is often being used but government officials and other
officers to describe a situation whereby the free movement of goods and commodities are restricted

1
How the lockdown is triggering a constitutional crisis- Visited on 1/9/2020

https://mumbaimirror.indiatimes.com/opinion/city-columns/how-the-lockdown-is-triggering-a-constitutional-
crisis/articleshow/75513611.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

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with respect to certain types of exception to such restriction which may be of essential items which
are important for the survival of a human and which are declared by the Government of India under
Section 2 Section 3 Section 4 of the Epidemic Diseases Act.

A Glance on - THE DISASTER MANAGEMENT ACT,2005

The disaster management act was passed by the Government of India on 23rd December 2005
which resulted to the creation of the national disaster management authority which shall be headed
by the Prime Minister, the state disaster management authorities we shall be headed by the
respective chief ministers of the state, and the district disaster management authorities to implement
a plan an integrated approach towards the management of disaster In India. The act came into
existence or 23rd December, 2005.2

Disaster management is defined under section 2E of the act which means the continuous an
integrated process of designing organizing, coordinating and implementing measures which are
necessary for

i. Prevention of any danger or threat off any disaster.

ii. Reduction and mitigation of risk of any disaster or it's severity or consequences.
iii. Capacity building.
iv. Preparedness to deal with any disaster.
v. Prompt response to any threatening disaster situation.
vi. Evacuation, rescue and relief.
vii. Rehabilitation and reconstruction.

The Disaster management act has described the terms disaster and disaster management so widely
did they include within its ambit all sorts of disasters including the COVID-19 pandemic.

§ Powers of the Central Government under the Act

Section 3 of the National Disaster Management act states that the Prime Minister shall be the
Chairperson and the central government is responsible for the establishment and management of
the National disaster management authority, and a national executive committee shall be
established to assist the NDMA in its functioning under Section 8 of the act.3

2
https://advocatesunnyshah.home.blog/
3
Legal aspects of using Disaster Management Act to deal with pandemic
https://www.civilsdaily.com/news/legal-aspects-of-using-disaster-management-act-to-deal-with-pandemic/
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 Section 6 provides the power and functions of the national disaster management act, which states
that the national disaster management act shall be responsible for the laying down the policies,
guidelines and plans for any disaster management timely for ensuring an effective response do any
disaster. It also provides an illustrative list of powers, which are as follows:-4

i. To lay down certain policies regarding the management of the disaster.

ii. To approve any national plan towards the management of the disaster.
iii. To approve any plans or methods which are being prepared by the department's all different
ministries of the Government of India in accordance with the national plan.
iv. Bully down certain guidelines which shall be followed by the state authorities in drafting a state
plan.
v. To lay down certain guidelines which are to be followed by the different ministries all
Department of the government with the aim of preventing and integrating the measures with
regard to any disaster or regarding the mitigation of its effects in their development plans.
vi. It has the power to enforce an implement any policy or plan for disaster management.
vii. It has the power to recommend the allotment of funds with the aim of mitigation.
viii. It has the power to provide support do any other neighboring country which may be suffering
from any major disaster which may be determined by the central government.
ix. It has the power to take any measure for the purpose of prevention of any disaster or regarding
the mitigation or preparedness add capacity building for handling the situation of any disaster
just because it thinks it is necessary.
x. It has the power to make broad guidelines and policies for the proper functioning of the National
Institute of disaster management.

By exercising powers under section 6(2)(i), the National disaster management act has issued
various orders and directions in relation to the COVID-19 pandemic

§ The National Executive Committee - Its powers and functions

Section 10 provides the powers and functions of the national executive committee which inter alia
includes power to lay down certain directions or can say the guidelines to the concerned ministries

4
Disaster Management Act, 2005: As Applied To COVID-19 Pandemic And Legal Issues Involved- Visited on
2/09/2020
https://www.lawyered.in/legal-disrupt/articles/disaster-management-act-2005-applied-covid-19-pandemic-and-legal-
issues-involved/

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and departments of the Government of India and the state governments. It has the power to give
direction to the state authorities regarding the measures we shall be taken by them in response to
tackle any situation or disaster.5

By exercising power under section 10(2)(1) of the act the national executive committee has issued
various orders and guidelines in relation to COVID-19 pandemic.

The central government may adopt such measures given under section 35 of the act as it deems
necessary and convenience for the purpose of prevention of any disaster.

Under section 44 and 45 of the act it may also constitute a national disaster response force, which
may act under the supervision of the national disaster management act for the sole purpose of giving
a special response to a disaster like situation.

FUNDAMENTAL RIGHTS and THE DISASTER MANAGEMENT ACT

The Disaster Management Act 2005 has granted the state enormous power like to order a lockdown
and specify certain guidelines if it benefits the public at large. The right to life guaranteed under ex
Article 21 of the constitution is regarded as the most protected fundamental right. It paves the way
for all other rights as without life then can below Liberty.6

In State of Punjab v. Ms Chawla7, the Supreme Court had interpreted article 21 right to life in a
broader manner stating that the right to health is an integral to the right of life. The government has
a constitutional obligation to provide health facilities to every citizen of the country. Thus, the state
has an obligation under article 21 of the constitution to protect the life of its people even in the
present pandemic.

The notification of lockdown by the ministry of Home Affairs has primarily affected two of our
basic fundamental rights

The right to move freely throughout the territory of India and the right to practice any profession
all to carry any occupation trade or business.

5
https://thewire.in/law/is-the-national-lockdown
6
Lockdown and Related Laws In India- Visited on 2/09/2020
https://lawzmag.com/2020/05/14/lockdownand-related-laws-in-india/

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Criminal Appeal No. 824 of 2013
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These rights have been guaranteed under Article 19(1)(d) and (g). However on reading of article
19(5) and (6) Makes it clear that a reasonable restriction can be imposed on this rights in the interest
of general public provided it is done by a duly enacted law. In Narendra Kumar v. union of India8,
the Supreme Court held that “to determine the reasonableness of restriction it must consider the
background of the circumstances in which the order is issued and examine whether the restraint
caused by the law is more than necessary in the interest of general public”.

In Bannari Amman Sugars ltd v. CTO9,the Supreme Court held that “the restriction does not
become unreasonable merely because it operates in a harsh manner.”

The nature of COVID-19 is a rapid spread disease and in the absence of proper vaccine The Indian
health infrastructure is not capable to handle such a situation.

I would like to state that all of the above powers rendered under the national disaster management
act imposes a restriction on the free movement of the citizens of India and a free movement of any
goods and commodities, and to assemble peacefully anywhere in the territory of India which are
guaranteed under Article 19(1)B and D of the constitution of India.

These guidelines and measures restrict the fundamental rights of the citizens so it's very important
to understand the true importance of these terms.

Barely 4 hour time was given to the millions of Indians to rearrange their livelihoods and their
lives in an organized manner. The aftermath chaos due to the national lockdown Could be seen add
the railway station state borders Interstate bus terminals vegetable markets etc but the millions of
people have been subjected to a period of enforced unemployment while being marooned far away
from the sanctuary of their homes.10

In the meantime, many petitions were filed before the honourable Supreme Court Richard to the
violation off rights specially the rights of migrant laborers arising out due to the national white
lockdown and in some cases, the Supreme Court itself had taken the somoto cognizance of certain
events.

Asper the census of 2016, India is a country of about 42 million migrant workers. The Prime
Minister and the Chief ministers of the different States and government advisories have admitted
that the national lock down has exploited the migrant workers and have urged the employers do not

8
AIR 1960 SC 430
9
(2005) 1 SCC 625
10
https://www.theweek.in/news/india/
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deduct the wages for the period of the lock down. However without a guaranteed wage or minimum
income compensation, the right to life which includes the right to livelihood of these helpless
workers are snuffed out simply by the Disaster Management Act (DMA).11

After the 42nd amendment, the Right to life cannot be taken away even in the time when the
emergency has been formally promulgated.

The Criminal procedure code under section 144 restricts collective assembly, a question arises that
can can the National disaster management act direct a lockdown which draws a ‘Laxman Rekha’
at every individuals door and forces them into a virtual imprisonment of about 21 days.12

This is like a virtual death sentence to a daily wage earner, the street vendor, the migrant worker,
and the small trader. Under article 39(a) and (e) it is required that the government to take steps to
ensure the citizens have right to adequate means of livelihood, the citizens are not forced by the
economic necessity to enter advocations unsuited to them. These obligations are among the
directive principles of state policy which are considered to be fundamental in the governance of the
state. The present lockdown has created conditions which run contrary to these obligations. The
choice between COVID-19 an economic death may be a hard one. The citizens for howsoever noble
a motive may be is been left deprived of his right to choose.

I would say that these were the very bad choices that required a balancing act and a planned program
for a proper management.13

Section 144 of code of criminal procedure as well as under section 30(3), 1978 of the Delhi Police
Act usually prohibits such assemblies.

Article 19 of the constitution grants every citizens the right to assemble peacefully and without
arms, to move freely throughout the territory of India, to practice any profession, or to carry any
occupation, trade or business.

11
https://www.barandbench.com/columns/
12
Disaster Management Act, 2005: As Applied To COVID-19 Pandemic And Legal Issues Involved- Visited on
1/9/2020
https://www.lawyered.in/legal-disrupt/articles/disaster-management-act-2005-applied-covid-19-pandemic-and-legal-
issues-involved/

13
https://verfassungsblog.de/an-executive-emergency-indias-response-to-covid-19/
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Article 21 of the constitution grants every citizen right to life, which includes within its ambit the
right to livelihood.

Article 25 of the constitution grants right to freedom of religion.

reasonable restrictions can however be imposed on these Fundamental Rights.14

The guidelines and orders pause under the act, have inter alia clearly affected these fundamental
Rights guaranteed under the constitution. While, at present, there has not been much unrest among
the people on the restrictions imposed on their rights, but with the time, the unrest may be going to
rise.

For instance, the national executive committee's order dated on 29th March 2020 mandating
complete payment of wages and salary to employees when the business is closed an earning note
revenue, is under challenge before the Supreme Court as being violative under article 14, article
19 an article 21 of the constitution.

In the case of, Kerala High Court Advocates Association v. State of Kerala15, the Kerala High
Court held that the blockades on the road restricting movements from karela to Karnataka for
preventing the spread of the COVID19 also resulting in restricting movement of a patient
acquiring urgent medical treatment was volitive of patients fundamental rights guaranteed under
article 19 an article 21 of the constitution.

14
https://www.thehindu.com/opinion/
15
WP(C).No. 38072 of 2020(G)
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CONCLUSION

Disaster Management Act, 2005 purports to give Central Government wide powers for ‘disaster
management’, and requires the State Government to act in accordance with the guidelines issued
by the Central Government, with the power to supplement or add to them. While such a
legislation is welcome to deal with the COVID-19 disaster of such a magnitude, it does invite
various legal issues concerning infraction of fundamental rights; and issues of legislative and
executive competence, which would require consideration by the Supreme Court and the High
Court in the time to come.

Further, in my opinion, guidelines and orders passed under the Act that permit liquor shops to
remain open, while mandating other industrial, commercial and private establishments to remain
closed, would also be amenable to challenge under Article 14 of the Constitution, which guarantees
Right to Equality. Also as and when lockdown measures are eased, allowing some establishments
to open, but requiring others to remain closed, will give rise to interesting issues on Right to
Equality guaranteed under Article 14 of the Constitution. Also, with time, the imposition of
lockdown measures itself could be challenged inter alia on grounds of it being violative of Article
14, 19 and 21 of the Constitution.

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 REFERENCES

Websites referred

1. Lockdown and Related Laws In India - https://lawzmag.com/2020/05/14/lockdownand-

related-laws-in-india/
2. STATUS OF HUMAN RIGHTS IN THE AGE OF COVID-19-
https://www.indialegallive.com/special-story/status-of-human-rights-in-the-age-of-
covid-19
3. Coronavirus and the Constitution – XXXI: The Payment of Wages Order-
https://indconlawphil.wordpress.com/2020/06/10/coronavirus-and-the-constitution-xxi-
the-payment-of-wages-order/
4. Constitutionalism During a Crisis-
https://blog.theleapjournal.org/2020/05/constitutionalism-during-crisis-case-of.html
5. Disaster Management Act, 2005: As Applied To COVID-19 Pandemic And Legal
Issues Involved- https://www.lawyered.in/legal-disrupt/articles/disaster-management-
act-2005-applied-covid-19-pandemic-and-legal-issues-involved/
6. Right to Life and the Disaster Management Act of 2005- https://theleaflet.in/right-to-
life-and-the-disaster-management-act-of-2005/#

Articles referred

1. How the lockdown is triggering a constitutional crisis-

https://mumbaimirror.indiatimes.com/opinion/city-columns/how-the-lockdown-is-
triggering-a-constitutional-crisis/articleshow/75513611.cms
2. COVID-19 and the ambit of the Disaster Management Act-
https://www.theweek.in/news/india/2020/04/26/covid-19-and-the-ambit-of-the-disaster-
management-act.html
3. An Executive Emergency: India’s Response to Covid-19- https://verfassungsblog.de/an-
executive-emergency-indias-response-to-covid-19/

Acts/Books referred

• The Disaster management act 2005

• The epidemics diseases act 1897.
• The constitution of India 1950.

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Answer -2(A): Plaint for the recovery of the pending rent and ejectment from the flat.

IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT- RANCHI),

JHARKHAND

SUIT NO. 3533 OF 2020

IN THE MATTER OF :

Mr. X, S/O. Mr. A,

R/O. H.No 321, Geetanjail Nagar, Ranchi................................................ Plaintiff

VERSUS

Mr. Y, S/O. Mr. B,

R/O. F-01, A Block Galaxy Apartments, Ranchi .................................. Defendant

SUIT FOR RECOVERY OF RENT AMOUNTING 32,000/- (TWENTY

FOUR THOUSAND ONLY), EJECTMENT AND DAMAGES

THE PLAINTIFF MOST RESPECTFULLY SUBMITS THAT:

1. The Plaintiff, aged 42 years, is a permanent resident of the abovementioned address

and shares a relationship of as a landlord with the defendant.
2. The Defendant, aged 27 years, is the tenant of the plaintiff. The plaintiff had rented
a 3 BHK apartment at F-01, A Block Galaxy Apartments, Ranchi to the defendant
through a rent agreement (Annexure 1), as on March 1, 2019. The defendant took
possession of the apartment from the same day. The rent was decided at 8000/- per
month to be paid on 5th of every month.
3. Since then the monthly rent was paid duly to the Plaintiff on time without any delay.
However, since February 2020, the defendant has stopped paying the monthly rent.
A notice was sent to the postal address of the defendant by the plaintiff on March

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 15, 2020 (Annexure 2) regarding the rent which was unpaid of the previous month.
The plaintiff also tried to contact the defendant through the telephone and various
social networking sites. However, there was no response or acknowledgment from
the defendant’s side.
4. When the defendant did not respond after 2 months, the plaintiff decided to visit
the defendant in person. The plaintiff went to meet the defendant on May 1,
2020. After reaching the apartment, the plaintiff found out that the defendant has
got the wall of the bedroom broken. The defendant neither asked not informed
the plaintiff about the same. This act of the defendant is contrary to a clause of
the rent agreement which states that “The tenant shall ask the landlord before
making any changes of the permanent nature to the property. Failing this would be
a ground for the eviction of the tenant”.
5. The plaintiff after observing the damages done to the apartment, asked the defendant
to evict the apartment as soon as possible as he did not comply with the terms and
conditions of the agreement. The Defendant promised the plaintiff that he would
pay the all the rent and the dues, pay the damages of the broken wall, and evict
the apartment within a week but it has been more than 3 weeks and the Defendant
has not done either of the three things promised by him.
6. The cause of action arose in favour of the Plaintiff and against the Defendant
as on February 5 (05/02/2020), when the monthly rent was unpaid and due. And on
May 1 (1/05/2020) when the Plaintiff found out that the defendant had broken
the wall of the hall without the consent and permission of the Plaintiff. The
cause of action is still subsisting as despite the written request and various oral
requests and reminders from the Plaintiff, the Defendant has neither paid the rent
or the dues nor paid the damages and neither has vacated the property of the
plaintiff.
7. The suit is within the period of limitation.

8. This Hon’ble Court has the jurisdiction for the trial of this suit because the cause of
action arose in Ranchi. Both the Plaintiff and the Defendant reside in Ranchi. The
suit property is situated in Raipur.

PRAYER :

Therefore in the lights of the facts stated, it is most respectfully prayed that this Hon’ble
Court may be pleased to:

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1. Pass a decree for the recovery Rs. 32,000 (Thirty-two Thousand) as the arrears of
rent in favour of the Plaintiff and against the Defendant.
2. Pass a decree for payment of damages of Rs. 15,000 (Fifteen Thousand Only) for
the wall which was broken by the Defendant against the will and wish of the
Plaintiff.
3. Pass a decree for ejectment against the Defendant and in favour of the Plaintiff.

4. Pass such other and further order (s) as may be deemed fit in its fine sense of
judgement and proper in the lights of justice, equity and good conscience.

Place: Ranchi Mr. X

Through

Date: May 30, 2020 Mr. D

VERIFICATION :

I, Mr. X, aged 42 years, S/O. Mr. A,R/O. H.No 321, Geetanjail Nagar, Ranchi do
hereby verify on this 29th of May, 2020 that the contents of paragraphs 1 to 5 are true to
my knowledge and those of paragraphs 6 to 8 are true on the basis of the legal advice
received and believed to be true and last part is the humble prayer to this Hon’ble Court.

Mr. X

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IN THE COURT OF SENIOR CIVIL JUDGE (DISTRICT RANCHI),
JHARKHAND

SUIT NO 3533 OF 2020

IN THE MATTER OF :

Mr. X, S/O. Mr. A,

R/O. H.No 321, Geetanjali Nagar, Ranchi ........................................................... Plaintiff

VERSUS
Mr. Y, S/O. Mr. B,

R/O. F-01, A Block Galaxy Apartments, Ranchi ...................................... Defendant

AFFIDAVIT OF Mr. X, S/O. Mr. A, AGED 42 Years, R/O. H.No 321, GEETANJALI
NAGAR, RANCHI (THE PLAINTIFF).

I, Mr. X, the deponent herein above do hereby solemnly affirm and state hereunder that-
1. I am aware of all the facts and circumstances of the present suit based upon my
information and the information I received and believed to be true.
2. I affirm that the accompanying suit has been drafted and filed by my counsel
upon my instructions and contents of the same are true and correct.
3. I affirm that all the documents filed along with plaint are true copies of originals.

Deponent

Mr. X

VERIFICATION :

I, Mr. X, do hereby verify on this 29th of May, 2020 in Ranchi that the contents of the
above said affidavit are true and correct to best of my knowledge and information and
nothing material has been concealed therefrom.
Deponent

Mr. X

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ANSWER No. 2(B) - Letter to the Registrar for the Reimbursement of the Expenses
incurred in NULAS International Maritime Law moot court competition.

To the Registrar,

XNLU
Raipur, Chhattisgarh

Date: 31st October, 2019

Subject : Reimbursement of the expenses incurred for participating in NULAS

International Maritime Law Moot Court Competition, Kochi

Respected Sir,

I am writing this letter to bring to your kind notice that with the prior permission of the
University, I and my team comprising of Mr. Tej Sareen (Sem X), Mr. Sangram Thakur (Sem
X) and Mr. Jawahar Bishnoi (Sem X) had represented our University in the NULAS
International Maritime Law Moot Court Competition, 2019 which was held in Kochi from
18/10/2019 to 20/10/2019. Thus, as per the reimbursement rules of the University, we seek the
reimbursement of the expenses incurred in the moot court competition as per the following
details:

S. No. Particulars Amount (INR)

1. Registration amount for the Competition 6000.00

2. Travel Tickets Raipur-Kochi 9000.00

Kochi-Raipur 8500.00

4. Stationery and Printing 3200.00

5. Food 1200.00

6. Accommodation 4000.00

TOTAL 31,900.00

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 The following documents are attached with the application for your Acknowledgement:

1. Prior approval by the University for the Moot Court Competition.

2. Registration Form.
3. Receipt of the Demand Draft
4. Copy of the Demand Draft
5. Original copy of the accommodation and food, bills for stationery, printing,
6. Print out of train tickets ( 3rd AC).

Sir, kindly make the reimbursement and issue the cheque with the name of “Mr. TEJ SAREEN”
and oblige us.

Thanking You.

TEJ SAREEN

XNLU

SEMESTER X

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