Covid- 19 Restrictions

The Crucial Role Played by AIM & IBA in Overturning COVID-19 Containment Measures and Mandates

Introduction:

The COVID-19 pandemic brought the world to a standstill, with governments worldwide imposing various containment measures, vaccine and mask mandates, and traveling restrictions to curb the spread of the virus. However, in India, the Awaken India Movement (AIM) and the Indian Bar Association (IBA) played a significant role in challenging and ultimately overturning these measures. Through Public Interest Litigations (PILs) and advocacy efforts, AIM and IBA sought justice and accountability, leading to the discontinuation of these mandates. This blog sheds light on their contributions and how their interventions led to significant changes during the pandemic.

The Impact of the Disaster Management Act, 2005:

The Disaster Management Act, 2005, empowered the government to implement various containment measures, mask mandates, and traveling restrictions, including nationwide lockdowns. While these measures aimed to control the pandemic’s spread, they also had significant implications on people’s lives and livelihoods.

AIM & IBA Intervene:

AIM and IBA, recognizing the potential adverse effects of these mandates, took legal action by filing PILs against the Union of India and State Governments. The PIL was presented before the Bombay High Court, and its arguments were passionately put forward by Indian Bar Association’s National President, Adv. Nilesh Ojha, along with other IBA members.

High Court Intervention:

The Bombay High Court, in a landmark order dated 23rd March 2022, acknowledged the PIL filed by AIM and IBA members, Shri Sohan Agate & Shri Feroze Mithiborwalla. This intervention compelled the Government to produce all relevant files, minutes of meetings, research papers, and consultations with Covid Task Force Members, substantiating the scientific basis for their mandates. The absence of legally admissible and scientific proofs prompted the Government to discontinue all the mandates.

Unveiling Corruption and Fraud:

The PILs also exposed the alleged fraud and dishonesty of ‘Task Force Members’ recommendations, which were reportedly used by then Chief Secretary of Maharashtra State, Shri Sitaram Kunte.

Consequently, the Division Bench of the Bombay High Court declared all their mandates as illegal and unconstitutional in the cases of Feroze Mithiborwala Vs. State of Maharashtra (2022 SCC OnLine Bom 356) and Feroze Mithiborwala Vs. State of Maharashtra (2022 SCC OnLine Bom 457).

Impact on Lives and Livelihoods:

The pandemic-related corruption, as evidenced by the recent arrests made by the Enforcement Directorate (ED), implicated ministers, Municipal Commissioners, and Government officers. Their actions led to a loss of thousands of crores of rupees, adversely affecting people’s lives. The mandates aimed at profiting vaccine and pharma companies, including those manufacturing RTPCR test kits, at the expense of public health and well-being. This resulted in tragic loss of lives, life-long disabilities due to vaccine side effects, and severe economic hardships for the most vulnerable sections of society.

Conclusion:

The role played by the Awaken India Movement (AIM) and the Indian Bar Association (IBA) during the COVID-19 pandemic has been instrumental in challenging and overturning containment measures, vaccine and mask mandates, and traveling restrictions. Through their PILs and advocacy efforts, AIM and IBA brought attention to corruption, fraud, and unscientific decisions made during the pandemic. Their interventions have had a profound impact on restoring people’s rights and liberties and holding those responsible accountable. As we reflect on this challenging period in history, let us appreciate the significance of civil society organizations like AIM and IBA, which continue to fight for justice, transparency, and the welfare of citizens. To know more about AIM and IBA’s initiatives, visit their respective websites:

(i) Awaken India Movement: www.awakenindiamovement.com

(ii) Indian Bar Association: www.indianbarassociation.in

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