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Krishna Adhikari
Maina Sunuwar
Sanjeev Kumar Karna
Arjun Bahadur Lama
Hari Prasad Bolakhe
Sarala Sapkota
Birendra Shah
Bishwanath Parajuli, Tom Nath Poudel and Dhan Bahadur Tamang
Chot Nath Ghimire and Shekhar Nath Ghimire
Bhauna Tharu
High Court Tulsipur, Nepalgunj issues an interim order- ordered to the concerned authorities to adopt concrete measures to prevent COVID-19, maintain minimum standards of quarantine and isolation facilities
The Court further ordered authorities to identify those facing a severe financial crisis, labours and vulnerable people in dire need of relief and provide relief supplies as per the guidelines at their doorsteps. It has also asked authorities to immediately come up with policy and directives to control and minimize the corona pandemic after holding a consultation with civil society organizations and concerned stakeholders and monitor the implementation. The order requires authorities to maintain the rule of law simultaneously with the set guidelines relating to relief supplies while carrying out activities relating to purchase and distribution of relief packages, to immediately manage the distribution of social security allowance along with relief supplies to the senior citizens and differently-abled people at their doorsteps. The Court ordered to protect the rights of all citizens of Banke and Bardiya by urging the concerned authorities to manage the test of virus for free (if possible) or at a minimum cost, without any discrimination, to provide optimum care, timely medication to those who have tested positive.
As Banke and Bardiya shares border with India, the number of infected has entered into Nepal through illegal routes during the lockdown period. The Court has ordered the concerned authorities to tighten security measures at borders to regulate such illegal incursion as well as prescribe a mandatory quarantine facility for them for a recommended timeframe. Similarly, trucks laden with vegetables, dairy and fruits from India cross the border every day and make to the market for sale- exposing the potential risk of transmission. Therefore, the court has ordered authorities to check the produces and only let them enter Nepal if deemed no risk of transmission. In addition, the region imports a huge number of tobacco products, and many people consume it on a daily basis. People are likely to spit on public places while consumption of such products, causing risks of transmission from saliva or water droplets. Therefore, the Court has ordered the authorities to monitor and control the import, distribution and consumption of tobacco products during the pandemic.
Lockdown seems to have become one of the most effective tools to control the spread of the transmission in the community, the order calls authorities to crucially monitor the compliance of lockdown measures. Moreover, the order entails management of quarantine and isolation facilities as per the prescribed guidelines so that those in quarantine and isolation facilities shall not be deprived of their right to live in a dignified manner. Security personnel to be deployed in quarantine facilities so that no one flees the quarantine. No obstruction is to be made while transporting an infected person (who test positive) to an isolation facility
Banke has turned into a COVID-19 hotspot with a number of new cases being reported every now and then. So far, the district holds the highest number of confirmed cases in the country. To prevent the further transmission, on 22 May 2020, Basanta Gautam (Lawyer, Advocacy Forum-Nepal) along with other Human Rights Activists representing various human rights organizations filed a writ petition at High Court Tulsipur, Nepalgunj bench, seeking a mandamus order. The Writ (076-WO-0124) was filed against all local levels of Banke and Bardiya, Police Administration, Provincial Government, Ministry of Health et al.
The petitioners had demanded immediate (necessary) steps to prevent the spread of the virus in the region, including the management of quarantine and isolation facilities in compliance with the prescribed guidelines. Likewise, to ensure transparency while distributing relief to target groups, to operate and manage Corona Trust, to arrange door-to-door social security allowance facilities for senior citizen and differently-abled citizen during the pandemic. Moreover, the claimants had requested for policy and directives to control the corona pandemic and implementation of it in a speedy manner.
Furthermore, the applicants also demanded the virus test be made accessible to those in need without any kind of discrimination and to strictly observe the compliance of lockdown measures. More so, in recent days, the virus has been tested positive among people who have entered Nepal through illegal border routes from the neighbouring country, India. Therefore, the applicants had urged the concerned authorities to tighten security measures at borders to regulate such illegal influx, to mandatorily keep those who entered Nepal via such routes in quarantine facilities for a recommended timeframe. Also, to treat the ones who have tested positive with optimum care and respect while in isolation and to maintain the isolation facilities as per the prescribed guidelines.
Please click to read further: Court Order
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