MOOT PROPOSITION ON HEALTH LAW

1. Chang is the world’s most populous country, known for its powerful government,
pervasive surveillance and stringent policies. On 31st December 2019, the World Health
Organization (WHO) detected a series of Pneumonia cases of unknown etiology in Wuzan
City of Chang. On 7th January 2020, Changian authorities identified a new Coronavirus as
the causative agent for the disease. The virus had been renamed by WHO as SARS-CoV-2
and the disease caused by it as COVID-19.

2. By mid-January 2020, nations across the globe had started reporting similar cases. The
Changian failed to share any details of the virus with the outside world and asserted that there
was no evidence of its Human to Human transmission. As a precautionary measure, the other
countries started screening passengers travelling from Chang. International media reported
that on 1st February 2020, Changian had started ‘Hug a Changian’ initiative in the capital of
Tetley, a world leader in health facilities. The initiative was supported by the government of
Tetley as trade relations with Chang have a major impact on its economy. It was claimed in
newspaper reports that Chang wanted to dispel the growing animosity that was developing
against Changian in other nations. Soon thereafter, Tetley and its neighboring countries
started reporting cases of COVID-19 after which they were forced to go under a lockdown.

3. On 11th March 2020, WHO declared it to be a pandemic. About 1.5 million people were
infected and 85,000 lost their lives to the pandemic, by the 1st week of April 2020. With no
vaccine in place, the world economy had crippled due to the lockdown that had to be imposed
across countries.

4. Scindia is one of the most densely populated countries in the world with a significantly
advanced medical system but huge income disparities. Chang and Scindia are neighboring
countries with a history of border tensions. However, considering the size of their markets,
both engage in regular trade. The first case of COVID-19 in Scindia was reported on 30
January, 2020 and by the first week of April 2020, there were about 5500 infections and over
150 deaths. Following the social distancing guidelines issued by WHO, a lockdown of 21
days from 25 March, 2020 was declared. This immediately affected all sectors of the
economy and all strata of the society were adversely impacted.

5. The Society of Preachers (SOP), an independent minority religious institution conducted

an event of almost 2000 people within their own premises on 13th of March, 2020 at a time
when the government of Scindia had started cancelling all activities in mass gathering. It was
later discovered that more than half of those who were present at the event had been tested
and put into quarantine. The Ministry of Health in Scindia, commented in its official
statement that those who attended the SOP event had become one of the biggest causes for
the spread of Covid-19 in the country as most of them who are found positive had travelled to
different parts of the country even before the lockdown was declared. Media reports claimed
that the gathering included citizens from countries that had already had in the outbreak of the
virus in February 2020. It was reported across national media that it appeared that SOP
members were spreading the virus in the country as there were instances of them defying the
lockdown and also non-declaration of travel history. An FIR is filed against Maulana Tabdili,
the head of SOP, and 7 others leaders under The Epidemic Diseases Act, 1897, Section 3 and
Scindian Penal Code, 1860, Ss. 269, 270, 271 and 120B. Also, relevant provisions of the
National Security Act, 1980 were invoked against the SOP members as it was alleged that
they were non co-operative with the state departments and health officials. Resultantly, they
created terror by contributing to the spread of disease to remote areas of the State and thus
infecting more people.

6. Times of Scindia, one of the most circulated newspapers of the country claimed in its
report that it had traced links of the SOP with terror activities in the past and flouting the visa
guidelines. Members of the SOP filed a writ petition before the Supreme Court and submitted
that even though similar violations were reported from other parts of the country by members
of other social, political and religious groups, NSA was not invoked in those cases and that
this is discrimination.

7. Meanwhile, after the declaration of lockdown lakhs of migrant workers started heading
back to their native places due to lack of income and availability of food. Since transport
facilities were also stopped, the workers were reported walking on foot, across the country.
This led to heavy criticism of the state governments. The government of Scindia issued
notices to all the news agencies instructing that nothing will be published without
government approval citing dissemination of fake news. Many state governments started
issuing notifications ordering pay cuts and deferments of salaries of all government
employees including those of All Scindia Services ranging between 10%-50%. Central
government employees expressed their resentment and some even challenged the
government’s authority to do so. Student bodies in various universities. started demanding
semester promotions without examinations especially the final year graduating batches due to
lack of time, application deadlines for higher education and other competitive examinations
and shrinking job opportunities in the market. A Letter to the Supreme Court was written by
Scindian Law Students Association (SLSA) challenging all the above actions of the
Government as violation of the Constitution of Scindia. The letter has been converted into a
PIL by the Supreme Court of Scindia.

8. Chang on the other hand generated huge business / profits from the pandemic. At a time
when the whole world was suffering, it had already recovered and started to quickly take over
the market by supplying the goods whose supplies were affected due to lockdowns in most of
the countries. A few reports by independent agencies, accused Chang of intentionally
spreading the virus across the globe. It was claimed that the virus was created in a Changian
lab with the intention to spread it the whole world to make Chang an economic power and
global leader like Britain and USA, post WW-I & WW-II. Because of the pandemic,
Changian companies and banks made the most of buying due to the crashing world securities
market. Also the reports raised questions on the reason why there haven’t been outbreaks in
other provinces of Chang when the outbreak has affected the entire globe.

9. Chang in reply to all the accusations claimed that the outbreak was caused by Tetley
Military which participated in the Military World Games 2019 held in Wuzan, Chang. They
claimed that this was being done to cripple the Changian economy. Further, they rejected all
the claims of the virus being a biological weapon. Also, it rejected and blocked the proposal
of discussion over the pandemic in UN General Assembly.

10. Three petitions filed in various countries asking the governments to take action against
Chang for the spread of the virus at an International Court. A similar petition was filed
in the Supreme Court of Scindia asking it to issue directions to the government to impose
sanctions on Chang for the violations of International treaties and Conventions.

11. The Supreme Court has accepted and clubbed all the petitions and the same is listed
for hearing on 01-03 May 2020.

Note1: All the laws of Scindia are pari matria to India.

Note 2: The jurisdiction is to be considered settled and accepted.