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Halvi K.S. v. Union of India

  • Order

Constitution of IndiaArticle 19 (1) – Covid 19 Move freely throughout the territory of India the rights enjoyed by a citizen under Article 19(1) of the Constitution is not an absolute right, in order to enjoy the same unmindful, ignorant, and negligent to the realities, taking place in the nation that are likely to affect the larger public, so as to create devastating effect in the public at large.

It is true that to move freely throughout the territory of India is a fundamental right conferred on every citizen, but at the same time, clause (2) of Article 19 makes it explicit that nothing contained in the sub-clauses shall affect the operation of any law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with Foreign States, public order, etc. [Para 40]

Epidemic Diseases Act, 2021 (Kerala, Act 4 of 2021) – the authority constituted under the district level and even micro level have a duty and obligation to see that required and adequate steps are taken to protect the welfare and interest of the public, by issuing appropriate orders/notifications/guidelines, which is a mandatory requirement under law, in order to tide over the present COVID-19 pandemic situation.

The grievance raised by the petitioners, who are seeking to quash certain clauses of the Government orders dated 4.8.2021 and 10.8.2021 is that the clauses violate their fundamental rights conferred under Articles 14, 19 and 21 of the Constitution of India and if the said provisions are implemented, the fundamental rights of the citizens along with the rights enjoyed by the petitioners, would be infringed.