Interventions by HCs welcome

At a time when the Centre and many state governments were caught napping, totally unprepared to handle the current wave of the pandemic, high courts across the country have emerged as beacons of hope, offering succour to the common man. While the courts might expose themselves to criticism of encroaching into the executive’s domain, they cannot, at the same time, turn a blind eye when the government fails to fulfil its Constitutional obligation of protecting the rights of the citizens. The Gujarat High Court flagged the Vijay Rupani administration for failing to control the pandemic and directed that correct data of test results be released. The Bombay High Court intervened when the Centre cut the supply of oxygen and also passed orders to ensure that essential drugs were available. Taking into the note the growing cases in Goa, the court ordered that nobody could enter the state without a Covid-negative certificate. The Allahabad High Court virtually brought the Yogi Adityanath government to its knees and minced no words when it observed that death of patients due to oxygen shortage amounted to genocide. The Karnataka High Court is giving sleepless nights to Chief Minister B S Yediyurappa over the shortage of oxygen and medicines even as it ordered a court inquiry into the Chamarajanagar deaths. The Delhi High Court ordered contempt proceedings against the Centre for failing to comply with its orders. Instances like these are many.

The Supreme Court is no less strident, especially after Justice N V Ramana took over as the chief justice, though on many occasions it is forced to strike a balance between high court orders and the Centre’s limitations. The apex court has hauled the Narendra Modi government over the coals for mismanaging the inoculation drive and has asked it to evolve a national vaccination policy that does not discriminate among people. While such interventions by the court are welcome considering how thick-skinned our governments have become, the judiciary should guard against over-activism like ordering lockdowns because the executive, which is in touch with ground realities, is better equipped to take such decisions.

The Centre and state governments, excepting a few, have been most inconsiderate and are solely responsible for the situation in which we are, with people left to fend for themselves for beds, oxygen, medicines or vaccinations. This crusade of the judiciary should not end as a momentary flicker, but should continue as a flame providing hope to the people in these uncertain times, and guidance to the government. Politicians and the bureaucracy have failed us miserably and the judiciary is now our last and only hope.