Breach of Fundamental Rights during Lockdown :-
The pandemic novel corona virus is taking the whole world down in every aspect of life whether it is the economy related or social life of people. According to the World Health Organisation,this Severe Acute Respiratory Syndrome(SARS) kind of Virus can be prevented by maintaining social distancing, cleaning immediately the objects and surfaces touched, covering mouth and nose, frequently washing your hands. Till now these before mentioned are the only solution for preventing Covid-19 on an individual level, social distancing being the most effective one.
Violation of Fundamental Right:-
Instead of helping distraught citizens cope with these frustrating and hungry times, much Indian Police personnel is increasingly caught harassing and assaulting them and the instances we are with witnessing these days is a clear violation of the Fundamental Rights are not suspended.
ARTIClE 21 :-
It provides that" No person shall be deprived of his life or personal liberty except according to the procedure established by law"
The scope of this Article is very wide, According to Bhagwati, J., Article 21 “ embodies a constitutional value of Supreme importance of Domestic Society”.
This article is providing two rights which are:
1)Right to Life.
2)Right to personal liberty.
The world life under this Article not only embodies the mere physical existence. It has a much wider meaning which includes the right to live with human dignity held in (Maneka Gandhi vs. Union of India [ AIR 1978 SC 597] It does not connotes mere animal existence as it is confirmed by the Supreme Court of India in ( Kharak singh vs. State of Uttar Pradesh [AIR 1963 SC 1295]. It also includes the right to livelihood, Right to health, Right to pollution Free air, etc. Held in various other cases.
The right to live includes the right to live with human dignity and all that goes along with it, the bare necessities of life such as adequate nutrition, clothing, and shelter over the head and facilities for reading writing and expressing oneself diverse forms, freely moving about and mixing and mingling with fellow human beings and must include the right to necessities of life and also the right to carry on functions and activities as constituting the bars minimum expression of human self.
In lastly I conclude that the Fundamental right available to all citizens of India whether it is migrant or rich person. As India is a welfare country it’s main object to provide all the requirements of people. But still in over constitution there is some restrictions mention. But according to my view firstly we focusing on need of people than on restitution.