Abstract

The world has been suffering the biological pandemic due to deadly lifeless virus popularly known as coronavirus. On 11 March 2020, the WHO declared COVID-19 a pandemic. Almost all Nations undergone national lockdowns. The Countries started exploring various mechanisms to prevent, control and cure this disease including restricting some human and fundamental rights of their citizens such as right to move, right to education, and right to work. However, the restrictions were claimed to provide right to health and life. India also claimed to have made such attempts, however, lack of supply of health essentials apparently due to lack of infrastructure and lawlessness approach of Centre and States governments towards hoarding and profiteering, says otherwise. Whether the deaths caused are the consequence of COVID only? Are the governments not responsible for their attitudes and inactions? Human rights have been violated in the name of restrictions for controlling the disease and providing the people, right to life and health. The Apex Court has been instrumental in involving the concept of compensatory jurisprudence in the case of constitutional torts. This paper explores whether in the current scenario, the Centre and States governments can be held liable under constitutional tort. It further explores whether the non-payments of explicitly stated ex-gratia compensation and other statuary reliefs to the affected citizens is not violation of their right to life and livelihood. If yes, then, the violators should not be booked under constitutional tort besides other criminal and civil liabilities?

Keywords