COVID Orphans: Calcutta High Court Seeks Election Commission's Reply On WBCPCR Plea Seeking Compensation, Other Reliefs

The Calcutta High Court has sought the reply of the Election Commission of India on the plea filed by the West Bengal Commission for Protection of Child Rights (WBCPCR) seeking compensation for the children orphaned during COVID.

The Bench of Justice Harish Tandon and Justice Soumen Sen sought a reply on the WBCPCR's plea seeking a direction upon the Election Commission to provide compensation to each of the children, who lost lives during the Covid-19 pandemic because of the announcement of State Elections in February 2021.

The plea has been moved by Chairman, WBCPCR though Advocate on Record Debashis Banerjee and it states that despite the fact that the second wave of COVID 19 was imminent as on during February 2021, and despite predictions made by several organizations and medical experts regarding the second COVID wave, the Election Commission of India, announced the Schedule for the Legislative Assembly Elections of West Bengal on February 26, 2021, in an unprecedented eight-phase.

"The Election commission proceeded to conduct the general election at such time and thereby wilfully and deliberately jeopardized the lives of the people in the state and the election, particularly had a disastrous effect on the children of the State," the plea adds.

Hearing the matter, the High Court did not find any scope for an interim order, and instead, it decided to hear out the matter on the ground of reliefs claimed in the instant writ petition and thus, sought reply of the ECI on or before January 13, 2022, and posted the matter for further hearing on January 14, 2022.

The plea, that seeks other consequential reliefs for children apart from compensation, states that the Election Commission of India did not consider public health as one of the primary factors for the people of society as a whole, but chalked out a prolonged eight phases election in Bengal that allowing campaigning for two months and the Covid protocols were not followed and as a consequence, several children were directly arid indirectly affected with COVID.

"...If the Election Commission had followed its own directive all the campaign events like rallies, public gatherings had been duly and properly videographer by the District Election Officers, it would be evident therefrom that none of the above protocols or guidelines have been implemented by any of the political parties during the initial period of campaigns and eventually no norms were taken by the District Election Officers or the Election Commission itself. Moreover, children were seen in several campaigns of many political rallies..."

The plea also states that the Election Commission acted negligently without applying its mind and though it was well within the ambit of the Commission to avoid rapid spread of the second wave of the pandemic.

The plea lastly submits that the Commission refrained from using its power for the larger good and instead declared prolonged eight phases of election, without strictly enforcing the COVID norms and protocols which proved disastrous to the people of West Bengal, especially the children in the state.

Case title - The Chairperson, West Bengal Commission for Protection of Child Rights Vs. Election Commission of India & Others.

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