Introduction
COVID-19 has
caused greater damage to the world which is beyond the physical damage. It had
snatched away the human rights of the people and put them at the mercy of the
government orders. The continuous lockdown and social distancing measures by
the government have also put human rights at a standstill. The basic human
rights are of paramount importance even at such a critical stage. Yet, there is
a dearth of such rights being upheld. The specific examples can be seen in
India, US and UK by analysing the situation.
Human Rights in India
One of the
classic examples of human rights violation was seen through the adamant neglect
of the condition of the migrant workers. Migrant workers, who have shifted
outside the contours of their home in search of jobs and work on daily-wage
rate, suffered the maximum due to COVID-19 and lack of support from the
authorities. With the lockdown that extended to five phases and there was
complete shutdown in the working of the factories, industries and different
machineries; the migrant workers were left with no source of income.
Further, they had
to travel on foot large distances to reach their hometown due to lack of
income, food to support themselves and no transportation available to help them
travel. There were reported instances of police brutality and violence.[1]
This shows the complete violation of the human rights of the migrant workers
who have right to life and liberty[2],
right to equality[3]
and right to movement[4]
around the country through Constitutional provisions of fundamental rights.
When the transportation is unavailable, there is no income to support them and
along with it no governmental support, they have no other remedy but to move on
their own towards their home but restriction on that as well acts as snatching
away every right of the migrant workers. The right to movement is guaranteed
under Article 12 of ICCPR[5]
to which India has ratified[6]
as well. When India violates such obligations in regard to human rights, it
puts a question to its administrative, management and the machinery of the
government itself.
The subject of
the health of the people during this pandemic has been severe. The adequate
facilities to the affected patients are dismal. The understandable complaint
has been insufficient health infrastructure.[7] This is
majorly because of the shortage of the COVID hospitals, health centres and care
centres. The lack of facilities along with the dearth of isolation beds, and
testing capacity all add up to the higher rate of violation of the health of
the people. Along with that, another aspect that comes to light is the
impoverished and poor[8]
who are in no position to maintain the sanitary condition and thus, are at the
brink of such an inhospitable condition which is magnified during COVID-19.
The government by
not providing the people with sufficient facilities is diverting from its
duties towards its citizens. The duty is to provide shelter, food and to
maintain the well-being of the people. In the classic case of Paschim Bengal Khet Mazdoor Samity V. State
of West Bengal[9],
the apex court has expressly held that the right to medical care and facilities
of adequate nature are a fundamental right under Article 21 and forms the
ultimate basis to the right to life of all. Even beyond that one looks at the
international obligations that India has through which right to health is
essential part of the principle of right to life. Through Article 12 of the
ICESCR[10],
the right to physical and mental health of everyone is recognised.
Human Rights in US
The uproar in the
US arose because of the government of US not taking due cognizance of the
severity of the pandemic, i.e. COVID-19 in reasonable time period and adopting
social distancing norms. There have been different terms on lockdown in US
because US follows federal system whereby each state imposed lockdown at
different time period. At the time when the confirmed reported cases of
COVID-19 were 1,87,729[11]
in US; the lockdown measures were imposed only in 32 states[12] till
March end. This showed the lack of the government at the measures for the
health of the citizens and not putting human rights at the foremost juncture.
With that at hand, the issue of healthcare to its citizens in the US is a
debated issue. Even more so, the problem intensifies with understaffed
hospitals, and scarcity of requisite tools for the people infected. The economy
as big and developed as the US still suffered a lot at such an end. This
ultimately puts a strain on the human rights of the people because they are not
able to access basic healthcare treatments and the right to health is struck on
the way. When healthcare itself is not affordable to everyone, how can the
right to health be ensured?
More than so,
another issue came with the effect on unemployment in the country who is hit
the hardest because of the lockdown. The unemployment caused as a result of
stoppage of work is evident. There were cases of people working on daily wages
that are struck because now they have no job security. There are people who
earn by the day or week and have minimal savings and thus, completely rely on
their jobs. They are not able to pay for food, clothing, rent and other
essential requirements.[13]
The basic necessities which are required should be given. The systems of relief
packages are there but these are not enough to protect everyone because the
economy is at downhill as well. These culminate into insufficiency of
government and no able to ensure the basic right called the right of life.
The minority rights
in US; and the discrimination because of the origin of the virus can clearly be
seen. It is more evident when the constant support is received from the
authoritative political figure in the country that puts a jolt to the migrants
who are living, and working there.[14] The
origin of virus does not purport harsh treatment towards the community and
flagrant violation of their rights. The treatment of migrants in US points at a
direction of human rights of the people not respected and put to unreasonable
subjection.
Human Rights in UK
With Brexit 2020
and COVID-19 hitting around the same time, UK has suffered in its economic
condition as well as in safeguarding basic human rights of the people as well.
The emergency bill in UK which became an act called Coronavirus Act, 2020[15]
was the debated one. It gave the government discretionary power in numerous
rights and matters related to detention, healthcare, public gatherings and many
more. The debate emerged because of the restrictions of the people and their
rights during COVID-19.
One of the issues
that arose was the vulnerable and affected groups like LGBTQ+ and disables,
among others. They were not able to work through these times as a result of the
restrictions imposed and unregulated power given to the government to put any
person under detention. The vulnerable section who need healthcare, care needs,
medical and other essential faculties suffer a lot. This section also includes
the older or senior citizens who live on their own and have to rely a lot on the
support and care.[16] The children who need special care are also
affected because of certain specific provisions which will have an impact on
their future. It also, ultimately violates the right to education and puts up
the barrier by creating discrimination at the same time. The time limit of the
two-year period with emergency powers given in the hands of the government
poses a greater issue as well which is criticized heavily. Even major criticism
came at the outset of the mental health patients with poor discharge of the
patients from hospitals and the detention of the people through its clauses.[17]
UK that follows
on the gridlines of European Convention on Human Rights[18] has to
follow the obligations under Article 14 which provides for prohibition on the discrimination
against the people on different basis. Thus, equality is a must and an
important human right which is at risk. Through Article 8 and 2, it is
mandatory to maintain privacy of the person and the right to life. These are
necessary to ensure that human rights of the people are maintained during such
pandemic as well.
Conclusion
With the pandemic
taking its toll around the world, yet the new mechanisms are short to cope up
with COVID-19 in the form of technological advancement and outreach. Even after
such, the human rights which are of utmost importance and are an inherent part
of the living of every individual still suffers. This is not only the scenario
which can be ascertained in at least or under-developed countries but also in
developed countries. This shows the flagrant and blatant violation of human
rights causes more harm and needs correction because these rights need to be
upheld at this juncture as well.
[1] “Human Rights Violations of
Migrant Workers in India During COVID-19 Pandemic”; Chitranjali Negi Advocate;
Supreme Court of India; 17th June, 2020 <
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3629773>
[2] The Constitution of India;
Article 21
[3] The Constitution of India;
Article 14 (equality), 15 (no discrimination)
[4] The Constitution of India;
Article 19 (1) (d)
[5] International Covenant on
Civil and Political Rights; Effective from 23rd March, 1976
[6] India ratified ICCPR on 10th
April 1979 (subject to restrictions)
[7] “Adequate health infrastructure,
facilities for COVID-19: Govt”; The Economic Times; 10th May, 2020
<https://health.economictimes.indiatimes.com/news/industry/adequate-health-infrastructure-facilities-for-covid-19-govt/75660316>
[8] “India: COVID-19 Lockdown
Puts Poor at Risk”, Human Rights Watch (hrw.org); 27th March, 2020;
<https://www.hrw.org/news/2020/03/27/india-covid-19-lockdown-puts-poor-risk>
[9] AIR 1996 SC 2426
[10] International Covenant on
Economic, Social and Cultural Rights; effective from 3rd January,
1976; India has ratified on 10th April, 1979 (subject to
reservation)
[11] “Coronavirus: total USA cases
and deaths, real-time map, 31 March”; AS; 1st April, 2020
<https://en.as.com/en/2020/03/31/other_sports/1585642033_474147.html#menu>
[12] “US lockdown: When did the US go
into lockdown?”; The Express; 16th April,
2020<https://www.express.co.uk/news/world/1270061/US-lockdown-When-did-the-US-go-into-lockdown>
[13] ‘The Country is Bleeding’:
COVID-19 in the US; Interview; Nicole Austin-Hillery and Amy Braunschweiger; 4th
May, 2020
<https://www.hrw.org/news/2020/05/04/country-bleeding-covid-19-us>
[14] “A Virtual Roundtable on COVID-19 and Human Rights with Human Rights
Watch Researchers”; Health and Human Rights Journal (HHR); Joseph J. Amon and
Margaret Wurth;
<https://www.hhrjournal.org/2020/04/a-virtual-roundtable-on-covid-19-and-human-rights-with-human-rights-watch-staff/>
[15] 2020 c. 7; Royal Assent
received on 25th March, 2020; Commenced from 25th March,
2020
[16] “Human Rights Implications of
the Coronavirus Bill: The risk of making vulnerable adults and children even
more vulnerable”; The British Institute of Human Rights; 24th March,
2020 <https://www.bihr.org.uk/coronavirusbill-20march>
[17] Id.
[18] Signed on 4th
November, 1950; Effective from 3rd September, 1953
About the Author: This Legal Article is prepared by Ms. Arushi Anand, law student at Vivekanand Institute of Professional Studies, Delhi and was an intern at MyLawman. She can be reached at arushianand11@yahoo.com.
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