Moot Problem II

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Moot Problem- II

1. In the year 2020, a worldwide pandemic broke out due to the contagious SARS-CoV 2
(Severe Acute Respiratory Syndrome Coronavirus-2) and the disease caused by contracting
this virus is called as COVID-19 (Corona Virus Disease). On 11.03.2020, World Health
Organisation (WHO) officially declared the outbreak of Covid-19 as a global pandemic. It
has spread across 170 countries while affecting millions, is still increasing at a staggering
rate. Amongst these countries, Union of Westeros also witnessed its first case on 30.01.2020.
2. “Union of Westeros” (hereinafter referred to as Westeros), a democratic and republic
country in South Asia, with 1.3 billion people is world’s second most populous state. It is
famous worldwide for its diversity in culture, language, religion, whereby a robust
Constitution has been meticulously safeguarding the interest of each community as it aims to
treat everyone at parity and promote fraternity among all. “New Castle Town” (NCT) is the
capital and “Santa Cruz Town” (SCT) is the commercial capital of Union of Westeros. Both
are one of the highly populated districts in the country with highest labour work force.
3. The Centre for Monitoring Westeros’ Economy (CMWE), a government approved agency
which monitors Westeros’ economy, states that the unemployment rate is at 23.9% in the
country. Approximately 55% of them were employed either in small scale industries or in
unorganized sectors, while 360 million persons are destitute.
4. As Westeros had started witnessing few positive cases of COVID-19 in several parts of the
country, until mid-March 2020 the Central Government was yet to take any substantive
decision to control and contain transmission of the disease. An official statement, however,
came on 15.03.2020 from the Prime Minister of Westeros declaring that the outbreak has
acquired the form of an epidemic in the country, and that there exists a dire need to take
effective and precautionary measures. Schools, colleges, universities, were directed to be
closed with immediate effect. All other public places of recreation including restaurants,
hotels, bars, clubs, gyms, movie theatres, shopping malls, and all places of luxury and
entertainment were directed to be shut until further orders of the Government. Until
15.03.2020, out of the 15,234 tests conducted across the country, 289 were tested as COVID-
19 positive.1
5. In view of the prevailing circumstances, the economists expressed their concerns about the
further downfall of economy if the economic and industrial activities were also shut. They
also highlighted the potential threat to livelihood of the indigenous and migrant working class
if further lockdown is not planned with a proper Public Distribution Scheme (PDS)and
effective restructuring in expenditure profile. Quite unexpectedly, a “Public Curfew” for the
next two days was announced suddenly by the Prime Minister on 23.03.2020 at 8:00 PM.
6. Further, the “Ministry of Home Affairs” (MHA) vide its order dated 25.03.2020, declared
a stringent lockdown in the entire territory of Westeros for the period of next 28 days with
effect from 26.03.2020. In order to prevent the transmission of SARS CoV-2 from one
human to another, trains, flights, public transport, universities, schools, offices, factories, and
manufacturing units were shut. However, in its order dated 25.03.2020, the MHA did not
include restrictions on the movement on roads and highways. Subsequently, on 27.03.2020 an
explicit order (Annexure A-1) came from the Central Government which imposed restrictions
on public movements on roads and highways in order to ensure social distancing and control
the rate of transmission of COVID-19.
7. Within two days of imposition of the stringent lockdown, the indigenous and migrant
working class were abruptly hit with loss of means of livelihood and sustenance, compelling
them to come out on roads to travel to their hometown. The authorities requested everyone to

1
Displayed on the website of Ministry of Health and Family Welfare, Union of Westeros.
stay wherever they were and assured they would be provided with necessary reliefs.
However, no immediate relief was provided to these people. Consequently, these migrant
workers got agitated and gathered in large numbers at Inter-state bus terminals to board
transportation for their respective towns. Anguished by uncertainty and anxiety, in few places
they started pelting stones at the police personnel. 429 poor migrants were detained in NCT
due to such act of violence. Similar incidence happened in SCT where 313 migrants were
detained for causing violence. They demanded that either they should be sent back to their
hometown or provided with such adequate livelihood so as to live a dignified life and not be
left at the mercy of their destiny. They were also demanding id that they had no means of
transport and communication. All such detainees were tested for COVID-19 and further their
corresponding medical data were collected. 2,398 persons were found positive until
29.03.2020.2
8. Amidst such a situation, the government also directed all laboratories, private and
government both, to maintain proper medical records including blood samples and DNA,
which shall be stored with a US-based company “Dunder Miffin Laboratory Pvt. Ltd”
(DMPL). DMPL has been receiving medical data of COVID-19 patients from 18 countries
including Union of Westeros. Such data was collected for the development of vaccine and
other research purposes pertaining to COVID-19.
9. A very small section of the media and the journalists who were committed to the cause of
reporting the plight of these workers covered these incidences. One such report highlighted
that the migrant workers who were battling hunger had resorted to covering these
exceptionally long distances by walking, some even barefoot, to reach their hometowns and
villages. These migrants, as reported, said that the prevailing condition of uncertainty and
lack of adequate means left them with no other alternative but to cover the long distances
ranging between 400 km to 1500 km to protect themselves from this epidemic. Mr. Michael
Oliver is a committed senior journalist who works for the newspaper “The First News Point”
(FNP). Along with a few other journalists, he tried to dive deeper with the objective of doing
a fact check and report the true affairs of the state. FNP has a nation-wide circulation with
over 40 million readers.
10. On reading about such a devastating state of affairs, few locals and several NGOs decided
to intensify their efforts in helping these people with food and cash as per their capabilities.
Post two weeks of the lockdown, Westeros Government announced Rupees Two Lakh
Eighty-Five Thousand Crore as a relief package in order to alleviate the hardships faced by
the country’s poor due to nationwide lockdown. The government also endeavoured to extend
extra benefits through Prime Ministers’ Relief Plan (PMRP),Westeros Public Distribution
Scheme (WPDS) and Westeros National Rural Employment Guarantee Scheme (WNREGS)
by distributing extra five kilograms of rice, one kilogram of pulses, three free gas cylinders
and increase in the WNREGS wages by 15% with a view to make such people self-sufficient
and self-reliant. Along with these reliefs, on 20.04.2020 the government also decided to run
25 “Special Labour Trains” for sending back the stranded migrant workers which shall
connect major cities of each state. The government had also set-up 15 to 20 shelter homes in
several states for such people and the same has been advertised through various media
portals. Until 10.04.2020, COVID-19 positive cases in Westeros had risen to 11,987.
11. However, despite all the reliefs provided by the Government, instances of deaths of
migrant workers became part of daily reporting. Most of these deaths were caused due to
covering on foot long distances in summer causing heat stroke, starvation, dehydration, lack
of medical facilities during transit etc. Few were also found stealing water bottles and edible
items from the stalls of railway stations. Mr. Oliver in his article entitled “The Ground

2
Displayed on the website of Ministry of Health and Family Welfare, Union of Westeros.
Report: Prime Minister of Westeros fails the country’s poor” published in the FNP on
18.04.2020 writes that only a handful of indigenous and migrant workers could benefit from
the PMRP, WPDS, and WNREGS as most were not registered under these schemes, and
others experienced problems with distribution system as FNP conducted a national survey on
this issue. He warned every one of the government-sponsored fake data as they were under-
reported.
12. The government spokesperson assured that all measures are being taken to avoid pilferage
and any malpractices in this regard, if found, must be reported to the nearest police station for
curbing the menace at hand. In response to this statement, Mr. Oliver accused the police
officials and the government for being apathetic towards the poor migrants.
13. Mr. Oliver received a huge criticism for spreading enmity and disaffection against the
government, and further creating an atmosphere of panic through the spread of
misinformation. As a result, 14 FIRs were filed against him under section 124A of Westeros’
Penal Code3 and Section 54 of Disaster Management Act4. Thereafter, he also received an
overwhelming support from the lawyers, academicians, artists, and his fraternity claiming
such FIR as a vindictive act of the Government.
14. Mr. Oliver, however, moved a petition [Writ Petition (Criminal) No. 540 of 2020] to the
Supreme Court for quashing these FIRs filed against him on the ground that the government
cannot gag the freedom of journalists through such vindictive measures. A journalist, being a
part of the fourth pillar of democracy, i.e., press must be free to present ground reporting
without any restrictions. His article merely endeavoured to highlight the plight of migrant
workers and true affairs of the state, and thus, all such FIRs are liable to be quashed. The
respondents stated that in this situation of pandemic, Mr. Oliver has acted irresponsibly by
reporting wrong statistics which were in fact based on unreliable sources. The respondents
further submitted that freedom of speech and expression is not absolute, and that it must be
balanced out with reasonable restrictions, and thus, the FIRs must not be quashed. The case
has been adjourned till 10.05.2020 and as an interim relief the Court granted protection to Mr.
Oliver from being arrested.
15. “Organisation for Common Cause of Poor” (OCCP), is one of such NGOs which have
been committed to the cause of protecting indigenous persons in terms of food and medical
facilities. On 22.04.2020, OCCP rose to the cause of these people and moved a Public
Interest Litigation [Writ Petition (Civil) No. 123 of 2020] before the Supreme Court on
behalf of indigenous and migrant workers who were detained in SCT and NCT.
16. The petitioner first challenged the order dated 27.03.2020 of MHA as arbitrary on the
ground that movement was unreasonably restricted without providing any immediate
alternative rehabilitation to the worst affected section of the society, i.e., the indigenous
people. Secondly, the detention of such migrants in pursuance of such order violates their
fundamental rights and in fact evacuation must be done under the supervision of this Hon’ble
Court. The petitioner also relied on Mr. Oliver’s article dated 18.04.2020 to substantiate its
averments. The PIL has been admitted and the government has been directed to file its reply
within 12 days.
17. The Centre for Monitoring Westeros’ Economy (CMWE) in its research paper dated
25.04.2020 stated, “…this stringent lockdown has caused more human suffering than that by
COVID-19 itself. However, on the other side, Westeros is experiencing its biggest downfall
in the industrial production in the past 52 years.”
18. On 26.04.2020, three state governments in the Union of Westeros suspended a few
significant labour laws pursuant to an Ordinance passed by the Governors of the respective

3
Refer to Indian Penal Code, 1860, mutatis mutandis.
4
Refer to Disaster Management Act, 2005, mutatis mutandis.
states under Article 213 of the Constitution of Westeros.5 The Governments stated that such
laws have been reformed and suspended with a view to incentivize economic activities in
their respective states. The laws are suspended for 735 days and include
a. The Factories Act6 , 1945 except Section 5;
b. The Industrial Disputes Act, 19477;
c. The Payment of Wages Act, 19368 except Section 5;
d. The Minimum Wages Act9, 1948;
e. The Bonus Act10, 1965;
f. The Employees’ State Insurance Act11, 1948
19. Owing to the plight to the labour class and migrant workers, on 30.04.2020, Ms.
Catherine Pearson, an activist litigant moved a Public Interest Litigation [Writ Petition (Civil)
No. 234 of 2020] before the Supreme Court challenging the validity of the Ordinance dated
26.04.2020 of all three states severally in the same petition. She stated that the fundamental
right to livelihood, dignity, living wages, protection from exploitation, along with other rights
have been abrogated. She further challenged the sharing of data to a foreign-private company
(DMPL) on the ground that it violates right to privacy of such persons.
20. The State was required to file its reply within one week. The Respondents stated that
reforms and suspension in labour laws have been in order to incentivize economic and
industrial activities. The workers are still entitled to fair wages as Section 5 of the Payment of
Wages Act has not been suspended. The respondents further submitted that such medical data
is being shared in lieu of the public exigency created by COVID-19 and it is only meant for
the purpose of creating vaccine and conducting other medical research incidental thereto. The
court decided to hear further arguments on the next date, and no interim order was passed.
21. The Chief Justice of Supreme Court of Westeros took note of various petitions
concerning the plight of migrant workers. He decided to hear all the matters on 10.05.2020
and clubbed these petitions, inter alia, Writ Petition (Criminal) No. 540 of 2020, Writ Petition
(Civil) No. 123 of 2020 and Writ Petition (Civil) No. 234 of 2020. As the cases also involved
an issue of constitutional validity, the Chief Justice decided to constitute a 5-judges bench
which shall hear the matters through its virtual platform.
22. While the petitions have already been admitted the bench decided not to hear arguments
on maintainability and admissibility. The Court formulated the following issues:
a. Whether the MHA Order dated 27.03.2020 is arbitrary, and the detention of such migrant
workers in pursuance of such order amounts to a violation of their fundamental rights?
b. Whether the suspension of several labour laws by all three states in the garb of
incentivizing economic activities vide Order dated 26.04.2020 violates Fundamental Rights
of workers, and subsequently the International Labour Organisation Conventions ratified by
the Union of Westeros?
c. Whether the sharing of medical data of COVID-19 tested patients with a foreign private
company, DMPL violates their right to privacy?
d. Whether all the 14 FIRs filed against Mr. Oliver is liable to be quashed and his article
entitled “The Ground Report” falls within the ambit of freedom of speech and expression of
the press?

5
Refer to Constitution of India, 1950, mutatis mutandi
6
Refer to The Factories Act, 1945 of India, mutatis mutandi
7
Refer to The Industrial Disputes Act, 1947 of India, mutatis mutandi
8
Refer to The Payment of Wages Act, 1936, mutatis mutandi
9
Refer to The Minimum Wages Act, 1948 of India, mutatis mutandi
10
Refer to The Bonus Act, 1965 of India, mutatis mutandi
11
Refer to The Employees’ State Insurance Act, 1948, mutatis mutandi
Annexure A-1

Office Order No. NDMA/27/2020


Union of Westeros
Ministry of Home Affairs
Dated 27th March 2020

ORDER
Whereas, the National Disaster Management Authority (NDMA), is satisfied that there has been an
unprecedented outbreak of COVID-19 epidemic, and which has also been declared as a pandemic by the World
Health Organisation (WHO), and considers it necessary and expedient to take effective and precautionary
measures for the containment and transmission of COVID-19 across the country while ensuring maintenance of
essential supplies and health services.
Whereas, in exercise of the powers conferred to National Disaster Management Authority (NDMA) under
Section 6(2)(i) of the Disaster Management Act, it has issued an Order No. NDMA/25/2020 dated 25.03.2020
directing all the concerned Ministries and Departments of Union of Westeros, and the Government of States and
Union Territories of this country to take effective measures so as to prevent the spread of COVID-19 in the
country.
Whereas, in exercise of powers under Section 10(2)(l) of the Disaster Management Act, the National Executive
Committee hereby directs the concerned Ministries and Departments of Union of Westeros, and the
Governments of States and Union Territories of this country, to ensure restriction on public movements on roads
and highways, congregations, and any form of public gathering on such roads and highways, and whereas any
such movement without reasonable cause may lead to arrest and detention in accordance with the law in force.
This subsequent order shall remain in force in all parts of the country for a period of 40 days with effect from
28.03.2020.
Home Secretary
To
1. The Secretaries of Ministries/Departments of Union of Westeros
2. The Chief Secretaries/Administrators of States/Union Territories
Nota Bene
a. Only the laws of Union of Westeros are pari materia to the laws of India and no such fact is pari
materia to any country. This Moot Proposition is purely a work of fiction and resemblance to any such
incidence shall be purely co-incidental.
b. Union of Westeros is also a member of United Nations and has also signed and ratified a few
International Treaties such as International Covenant on Civil and Political Rights, and International
Covenant on Economic, Social and Cultural Rights. Union of Westeros has also ratified six out of
eight Fundamental Conventions on labour rights and their standards. The conventions ratified by
Westeros include Forced Labour Convention, 1930; Abolition of Forced Labour Convention, 1957;
Equal Remuneration Convention, 1951; Discrimination (Employment and Occupation) Convention,
1958; Minimum Age Convention, 1973; Worst Forms of Child Labour Convention, 1999.
c. This Moot Problem is purely intended for the Moot Court Competition and educational purpose
amongst law students.
d. All biological and other medical details on SARS-CoV-2 and COVID-19 shall be applicable in this
case as per the details available on the WHO website.
e. No Scheme(s) or relief(s) granted by India shall be applicable in any manner whatsoever. Those
mentioned only in the Moot Proposition shall be applicable in the case.
f. Any such scheme(s) or relief(s) as mentioned in the Moot Proposition are not pari materia to any
country.
g. The students are required to prepare their submissions from each side of the case. They are not
allowed to add a new issue, however, students are free to add sub-issues pertaining to the issues
mentioned under paragraph 22.

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