Apex Court Issues Notice for immediate Evacuation of Indian Students stuck in UK
(Judicial Quest News Network)
Supreme Court today issued notice to Central Government in a writ petition seeking evacuation of Indian Students stuck up in United Kingdom (UK) amid the COVID-19 Lockdown and travel disruptions in both the countries.
Amidst the global pandemic, the Government of India with effect from 22.03.2020 has imposed travel ban on all international commercial passenger aircrafts from any foreign airport for any airport in India till 14.04.2020, because of which many Indian students, who had booked tickets and reached various airports in the UK, were stranded and unable to take their onward journey to India.
There are hundreds of Indian students who have valid student visas and are enrolled as students in the Universities across United Kingdom and who were required to get letters from the High Commission in order to board flights to India, which could not possible due to the lockdown.
A Bench Comprising of Chief Justice of India S.A. Bobde and Justice L. Nageshwar Rao issued notice and requested the Solicitor General Tushar Mehta to take urgent instructions in the same.
The Petition filed by Advocate Madhrima Mridul and represented by Advocate Sunil Fernandes.
The Petitioner contended that due to the worsening situation in the United Kingdom and the consequent suspension of all international Flights Indian students in UK are left with no but to fight for their sustenance away from their families.
The Petitioner further contended that the respondents Ministry of External Affairs and Ministry of Civil Aviation have a duty to come to aid and rescue Indian Citizens who stranded abroad in such extr-ordinary circumstances.
It is also imperative to note that many of such students, are exposed to greater risk of contracting COVID-19 due to being crammed into packed hostels with shared kitchen and bathroom facilities during the current lockdown imposed in the UK and are fighting for their survival. D As per the World Health Organisation (“WHO”), the global Coronavirus disease (“COVID-19”) outbreak situation as on 02.04.2020, reports more than 856,386 confirmed cases with at least 40,777 deaths in the 203 countries, areas or territories. The number of cases in United Kingdom has seen exponential growth with nearly 29,474 confirmed positive cases reported, of the novel COVID-19 virus and of those, nearly 2,352 persons have since died, with the number increasing on an hourly basis.
The Indian Govt. can certainly quarantine those who return from abroad, impose reasonable restrictions on movement and liberty and further make them undergo such medical protocols as may be necessary, but to pass a blanket order of preventing an Indian citizen from returning back to his homeland is violative of the Constitutional rights guaranteed under Articles 14 and 21 of the Constitution of India.
The Petitioner has also contended that “Given the present circumstances, the students’ lives are at great risk without the basic necessities to sustain themselves.
Many of these students are running out of finances and facing shortage of food and water.
They have not been able to access any protective masks, gloves or sanitizers and are worried about contracting the deadly virus while miles away from their loved ones in India”
The Petitioner further submitted that According to the Knowledge of the petitioner, a similar evacuation was carried out by the Respondents, when India repatriated 405 nationals who were stranded in Malaysia’s Kuala Lumpur International Airport (KLIA), after the Indian Government banned the entry of passengers from affected countries, including Afghanistan, the Philippines and Malaysia.
The flights used to repatriate the Indians from Malaysia, were further used to evacuate the 135 Malaysian citizens who were stranded in India, comprising of 111 citizens from New Delhi and 24 from Vishakhapatnam.
The petitioner further asserted that the efforts have been made by these students to contact the High Commission of India in UK, but no steps have been taken to repatriate them and they have only been issued advisories to follow the National Health Service (NHS) and public health England guide lines.
The matter is now listed on 13th April 2020.
[Read Petition Here]
