Plea in Suprme Court requests for basic necessities for marginalised and waiver of Taxes & Duties on essential goods during lockdown

Approach of Art.136 Cannot Be Adopted While Deciding Petitions by The High Court Under Art.227: SC

To help the marginalised Advocate Amit Sahni has filed a plea in the Supreme Court seeking directions to the Central Government and the State Governments those basic amenities are provided to the marginalised sections.

Brief Facts

Advocate Amit Sahni has filed a plea before the Supreme Court requesting the court to direct the Central and the State Governments should be ensuring that the marginalised sector shall be provided with the basic amenities and has also sought waiver of GST, custom duties and IGST on major necessities for treatment of coronavirus for a temporary period of time. The advocate has mentioned that due the lockdown the marginalised people like an auto drivers, rickshaw pullers, and vendors who live with their daily income are the most affected as they have no customers amid the lockdown and a restriction imposed on public transport. He has also made a statement saying “There are 80 million homeless in the Country and over half a million are beggars. The Hunger in this segment of society is the biggest reason to worry at this emergent situation, which the Country is facing. Millions of daily wagers are compelled to leave or their homes out of compulsion because they are facing homelessness, destitution and starvation in absence of Social Security. The Police may justify using force on such hapless persons but their plight is unnoticed”[i]. The Advocate ahs also question the basic structure of law by making asking if “the right to shelter is a fundamental right guaranteed under Article 19(1) (e) read with article 21. And weather that right is taken away in an emergent situation”[ii].

Key Points

1. Advocate Amit Sahni has filed a plea before the Apex Court seeking to direct the Central and State Governments to provide basic amenities to the marginalised sector.

2. Requested to waive GST, custom duties, and IGST on major necessities required for the treatment of coronavirus. At least the time period amid the lockdown.

3. Advocate has questioned the law if the Article 19 and 21 stay protecting the rights of citizens during an emergent situation.

Conclusion

Not everyone are with bank securities or savings in hand to lead the same normal life without working, businesses collapse if no customer use their services or if a restriction is being imposed on them during an emergency. Any businessman amid the crisis will use money from their savings, but for the marginalised sector who leads their life with their daily wages is not possible as they get no money during an emergency. As they have no money they won’t be able to afford a basic necessity which is really unfortunate. More than half the population in India is backward class, and nearly 80 million Indians are homeless and who live on the streets, for people like these they don’t have a shelter to hide or food to eat or money to get treated if they have any medical problem. And considered the given crisis the whole world is facing because of the Coronavirus, if a proper care or consideration is not devoted towards them it’s utterly inhumane. So the plea put forth to the Supreme Court by Advocate Amit Sahni hold a major importance.

Edited by J. Madonna Jephi

Approved & Published – Sakshi Raje

End Notes

[i] Sanya Talwar, COVID19: Plea in SC Seeks Basic Necessities For Marginalised, Waiver Of Taxes & Duties On Essential Goods During Lockdown Live Law (2020), https://www.livelaw.in/top-stories/covid19-plea-in-sc-for-basic-necessities-of-marginalised-waiver-of-taxes-duties-on-essential-goods-during-lockdown-154473 (last visited Mar 29, 2020).

[ii] Sanya Talwar, COVID19: Plea in SC Seeks Basic Necessities For Marginalised, Waiver Of Taxes & Duties On Essential Goods During Lockdown Live Law (2020), https://www.livelaw.in/top-stories/covid19-plea-in-sc-for-basic-necessities-of-marginalised-waiver-of-taxes-duties-on-essential-goods-during-lockdown-154473 (last visited Mar 29, 2020).