The Uttarakhand Government has informed the High Court that it has established makeshift shelter homes for housing the Nepali citizens in District Pithoragarh and District Champawat and that they are also being given breakfast, lunch, dinner and tea.
They are also being provided provided with other items of daily need viz. toothpaste, toothbrush, hair oil, newspaper, magazines, etc and with services such as Yoga for mental and physical wellness along with literacy camps to help the illiterate Nepali citizens getting literate. The Additional Chief Standing Counsel (C.S.C) of State of Uttarakhand was responding on a plea that sought to know the steps taken by the State Government to protect the life and liberty of the Nepali citizens stranded in State of Uttarakhand due to lockdown declared by India as well as Nepal Government.
The Uttarakhand HC bench conprising of Justice Manoj K. Tiwari and Justice Sharad Kumar Sharma heard the writ petition filed by “Ganga Giri Goswami” whereas, on behalf of the respondent “Union of India” Assistant Solicitor General along with Standing Counsel and on the behalf of “State of Uttarakhand” State Government Lawyers were present.
The Petitioner seeks for the directions to be issued to the Central Government to expedite repatriation of the Nepali citizens through diplomatic channels, on which the High Court held that no such direction can be issued as issuance of such a direction would amount to encroachment in the field reserved for the Union Government and in view of the pandemic caused by Covid-19 virus, Nepal Government has also declared a nationwide lockdown and no-one is permitted to cross Nepal border.
The court further responded on another prayer of the petitioner, by saying that there is no factual foundation in the writ petition to suggest that any foreign national has slipped into the territory of State of Uttarakhand and the agencies responsible for securing Indo- Nepal border cannot be asked to perform their duty, which they are expected to perform at all times. Issuance of such direction will be an exercise in futility.
“It is common knowledge that large number of Nepali citizens have permanently settled in various parts of India, including State of Uttarakhand, many of whom have no intention to go back to Nepal. Only such Nepali citizens, who are desperate to go back to their home country and are stuck in the shelter homes established by Government of Uttarakhand in the bordering districts, can be said to be stranded. Therefore, no useful purpose would be served in gathering information regarding all Nepali citizens residing in various parts of State of Uttarakhand. Even otherwise also, it would not be feasible in these difficult times to locate each and every Nepali citizen living in State of Uttarakhand and to gather information about him”, said by the Court.
Thereafter, the court mentioned that the respondents are under a constitutional obligation to provide the minimum requirements to the Nepali citizens stranded in State of Uttarakhand in relation to shelter, food, drinking water, essential provisions and healthcare etc.
On being informed about the guidelines issued by the National Authority under Section 12 of the Disaster Management Act, 2005, in order to take care of all the needs of the persons stranded in shelter homes due to nationwide lockdown, the Uttarakhand High court directed the State Authority and the State Executive Committee to implement such guidelines issued by the National Authority.
-India Legal Bureau