Plea In SC Seeks Formulation Of NALSA COVID Relief Scheme To Help People Affected By COVID-19

In furtherance of "collaborative effort" to attain "Social Justice Litigation" during the ongoing Covid crisis, a plea in the Supreme Court has sought the formulation of a new Initiative by the National Legal Aid Services Authority (NALSA)  known as NALSA COVID-19 Relief Scheme 2020.

The Plea contends,

"...direction to formulate a 'new initiate' to NALSA and to actively organise and supervise the relief programmes in order to ensure the abovementioned coordination at all levels with the help of all sections of the society who are capable and volunteering their services as 'Personal Social Responsibility' and to honour the spirit of the Constitution'

The petitioner(s) are a group of six Advocates, namely Deepak Prakash, Nachiketa Vajpayee, Divyangna Malik, Jessica Bhardwaj, Sayandip Pahari & Bhrigunath Dubey and the plea has been drawn and filed by Advocate Jogy Scaria.

They have also sought strict and immediate implementation of the Scheme for Legal Services for the victims of disasters through Legal Services Authorities. 

"This Hon'ble Court has the power of intervention, which can be invoked to amerliorate the miseries of such people arising from repression, governmental lawlessness, administrative deviance or when the lives and livelihood of millions of people are endangered during a pandemic like COVID19, which could in all likelihood be safeguarded by issuing strict and proper guidelines to the appropriate authorities regarding the same"

The petition impleads various stakeholders including the Supreme Court Bar Association as well as the Bar Council of India to ensure "their collaboration" for effectuating active participation and implementation at all levels.

While bringing about the efforts and "active realisation" of the Delhi State Legal Services authorities during the Kerala floods and Delhi riots, the petitioner reinforces the robust institutional network of National Legal Services Authority "which has its network at the District and Taluk Level across India" which can be effectively optimised for "collection, co-ordination and distribution of relief materials".

The petitioner further reinstates that the instant petition is "non-adverserial" in nature and purely enunciates "cooperative and collaborative effort of the parties herein so as to secure justice for the poor and the weaker sections of the community who are not in a position to protect their own interests, especially during such times of distress and National crisis".

Apropos this, the plea inter alia avers that the pandemic has resulted "in not only a medical emergency but also in extreme economic recession, unemployment, shortage of food and problems of the like nature" which require effective and timely addressing.

Further to this, the petition also lays down prime areas of focus for the new initiative, comprehensively built for purposes of COVID19 relief by NALSA such as 

1) Ensuring temporary arrangement of shelter and cooked meals, especially to migrant workers at every Indian district;

2) Proper distribution of ration to all needy people who do not have a ration card;

3) Proper supply of medicines and health care items;

4) Proper supply of essentials in every district;

5) Ensure proper execution of all relief programmes of the Central and all State Governments;

6) Supervision and coordination with all concerned authorities;

7) Formilation of appropriate policies to reduce impact of COVID19;

8) Ensuring active and answering helplines are provided for immediate assistance.

Additionally, the petitioner(s) rest the foundational aspects of the instant plea by putting forth various foundational questions of "general public interest" such as the tenets of constitutional duty as well as safeguarding fundamentals rights of citizens, especially since people are facing severe hardships.

Public Interest At Large

Emphasising on the issue of larger public interest that suffices out of the petition, it has been averred that the scheme shall leverage the "spirit of Section 12(e) of the Legal Service Authorities Act, 1987" which rests on the objective of providing legal servies to the victims of disaster, both manmade and natural.

Apart from the above, the petitioner(s) sets out grounds for justifying the effective use of a well-established network that NALSA already has credit to and, among other things that the aforementioned scheme can also be used for organising legal aid awareness programs.