Covid-19: NRI Files Petition In SC, Seeks Appropriate & Non-Arbitrary Evacuation Of Indians Stranded Abroad [Read Petition]

A Sharjah based NRI businessman, Sunil Azeez, has filed a writ petition before the Supreme Court seeking directions to the Centre for putting in place procedures and protocols in consonance with the World Health Organisation's International Health Regulations, 2005, regarding evacuation process of Indians stranded abroad in view of the Covid-19 lockdown.

The petition filed through Advocate Kuriakose Varghese highlights the fact that the United Arab Emirates has one of the largest numbers of Indian expats and families in the world at 3.2 million, therefore the PIL shall have a broader effect on the evolution of the norms and the law. The petition states-

"It is clearly understood that it is immediately beyond the logistical capability of any country to evacuate 3.2 million citizens. That is neither desirable nor is it feasible. But what this Petition seeks is to highlight are the conditions of the especially vulnerable non-covid medical patients, pregnant women, nervous breakdown patients, senior citizens who were visiting, cancer patients and other terminally ill patients, young children/students etc."

Referring to the nationwide lockdown imposed by the Centre, the petitioner argues that suspension of air travel, both domestic and international, left several Indian citizens and students stranded abroad without any assistance to return to India.

"Although the Respondent Authorities have evacuated few students/citizens from countries like China, Iran and Malaysia, however, the Authorities have completely ignored the plight of the citizens in the Middle East, particularly in the UAE", the petition contends.

Furthermore, the petition relies upon an article in the New York Times dated April 13, wherein it is highlighted that substantial numbers of migrants in the Gulf States have been kept in cramped, unsanitary dorms, deprived of income and unable to return home due to travel restrictions. It also confirmed that the migrants are primarily from South Asia with a majority from India who have been kept in labour camps.

WHO's International Health Regulations were adopted in 2005 with an aim "to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade."

The petitioner points out that there is a lack of a unified notified law which recognises the International Health Regulations as the Indian Aircraft (Public Health) Rules of 1954 does not take cognizance of the said regulations which are "a composite compendium on the movement of persons across borders, during the times of a pandemic."

Even the new drafts of IAR, 1954 brought out in 2015 and also in 2017 by the Ministry of Health and Family Welfare for unknown reasons have not been notified. The new drafts as shall be shown in detail hereinafter provides a more robust, systematic, legal approach to the myriad circumstances thrown up by the global pandemic, the petition states.

Finally, the petition seeks directions to the Union of India to constitute a subcommittee under Section 9 of Disaster Management Act, 2005 to ensure the evacuation of citizens stranded in UAE and allied aspects including their safe return to India.

Yesterday, the Government of India announced that evacuation of Indians stranded abroad will be facilitated on compelling grounds in a phased manner starting May 7 through aircraft and naval ships

Click Here To Download Petition

[Read Petition]