There Is No Absolute Bar On Religious Assembly: Kerala HC Dismisses PIL Against Permitting Religious Gatherings Upto 100 Persons [Read Judgment]

first_imgNews UpdatesThere Is No Absolute Bar On Religious Assembly: Kerala HC Dismisses PIL Against Permitting Religious Gatherings Upto 100 Persons [Read Judgment] LIVELAW NEWS NETWORK30 July 2020 10:43 PMShare This – xThere is no absolute bar on religious assembly, said the Kerala High Court while dismissing a Public Interest Petition filed by two lawyers who had challenged the Government orders permitting social or religious gathering with a participation of upto 100 persons. Advocates Jayakumar TV and Mansoor BH, had approached the High Court seeking a declaration that public gathering/assemblies or…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThere is no absolute bar on religious assembly, said the Kerala High Court while dismissing a Public Interest Petition filed by two lawyers who had challenged the Government orders permitting social or religious gathering with a participation of upto 100 persons. Advocates Jayakumar TV and Mansoor BH, had approached the High Court seeking a declaration that public gathering/assemblies or mass prayers by any social or religious institution or group or congregation, violating the norms issued by Government of India from time to time during the period of COVID-19 pandemic, is illegal and unconstitutional.They, relying on a notification issued by the Central Government contended that the State Government is not competent to permit any religious congregation, by fixing 100 as maximum limit, since there is an absolute bar on religious assembly. The Additional Advocate General, on behalf of the state, defended the orders issued by the Government contending that there is a subtle difference between the activities in places of worship/religious places than allowing religious functions and other large gatherings. He submitted that the maximum persons allowed are 100 persons and for such assembly in a places of worship or religious place, the worshipers have to maintain social distancing of six feet, and to follow all the regulations of the Ministry of Health and Family Welfare.  In its judgment, the bench comprising of the Chief Justice S. Manikumar and Justice Shaji P. Chaly observed that Unlock 1 guidelines make it clear that places of worship for public/religious places are excluded in the Annexure. If the Central Government wanted to restrict the number in the places of worship for public/religious places, the Central Government in the Annexure would have said so, the bench observed. While dismissing the PIL, the court added: “We cannot be oblivious of the fact that Mass in a Church is conducted at a particular time, prayer in a Mosque is performed at a particular time and so also worship in a Temple. One will have to give a meaningful intent when the Central Government have issued guidelines for opening activities in religious places/places of worships for public, whether a person belongs to it is Hindu/Muslim/Christian or any other religion. Though contentions are made on bona fides of the petitioners, who are advocates, we are not inclined to delve into the same. Contentions that there is an absolute bar on religious assembly is not accepted.” Case no.: WP(C).No.15342 OF 2020Case name: Jayakumar T.V. vs State Of KeralaCoram: Chief Justice S. Manikumar and Justice Shaji P. Chaly Counsel: Advocates DR.K.P.PRADEEP, T.THASMI for petitioners, AAG RANJITH THAMPAN and ASG P.VIJAYAKUMAR for respondentsClick here to Read/Download JudgmentRead Judgment Next Storylast_img read more

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Plea In Kerala High Court Seeks Uniform COVID-19 Treatment Tariffs Across Private Hospitals, Labs, Diagnostic Centers

first_imgNews UpdatesPlea In Kerala High Court Seeks Uniform COVID-19 Treatment Tariffs Across Private Hospitals, Labs, Diagnostic Centers Lydia Suzanne Thomas27 April 2021 12:24 AMShare This – xA petition has been moved in the Kerala High Court seeking direction to the state government to fix uniform COVID-19 treatment tariffs across private hospitals, labs, and diagnostic centers in the state. The petition was mentioned before a Vacation Bench of Justices Ashok Menon and Murali Purshothaman in the morning today. State Attorney KV Sohan took notice for the State Government and the State Director of Health Services and undertook to table before the Court a document with the state’s stance. Advertisement With this, the Court proceeded to post the matter on April 30.At the hearing today, the petitioner’s counsel submitted, “Petitioner seeks urgent and immediate action from government to consider the situation from the second wave of Covid-19”. He contended that resources to tackle the pandemic were on the wane saying, “government hospitals are vastly filling up, no hospital, no bed, no ICU, no ventilator available in the hospital, patients are returning due to non-availability.Advertisement The counsel drew the Court’s attention to the State’s tariff guide for private hospitals, diagnostic centres etc. last year in the wake of the pandemic. When the Court heard this submission, Justice Menon instructed the State to go through the tariff guide and the petition and respond on the contentions. Averring that private medical centers and testing centers in Kerala are charging high prices for diagnostic tests and treatment of Covid-19, the petition filed by one Advocate Sabu Thomas through Advocates CN Sreekumar, Manju Paul and Sureshkumar C contends that prices charged “exploit the pandemic situation and fear of people in the society.” Advertisement Advertisement The petition asserts that the state government is bound to take appropriate action or remedial measures to control regularize the high charges imposed by Private Hospital for the treatment of Covid-19 patients. Terming the effective denial of access to Covid facilities as a failure by the government to assure to citizens the right to good health under Article 21 of the Constitution of India, the petition states,Advertisement Advertisement Advertisement “Due to less numbers of Covid beds, ICU’s and Ventilator facility in the Government Hospitals, the majority of the population, comes under middle and low income has deprived from the treatment due to unattainable charges of private hospitals…” Therefore, the petition prays, “The State Government should assure that the every citizen should be provided with facility to get adequate treatment through Government Health Services or else assure the treatment through other private facilities in the present rapid spread of Covid-19 and unavailability of beds, ICU’s and Oxygen supported beds etc. in the Government Hospitals.” Citing these circumstances, the petitioner seeks – A direction to the state to re-fix tariff for the private hospital/nursing homes for the treatment of Covid-19 patients including charges of laboratories and Diagnostic CentersA direction to ensure free treatment for Covid-19 patients below poverty in both Government and Private Hospitals;A direction to set in place an arrangement for setting up temporary hospitals facilities in the state to treat the patients with basic symptoms of Covid-19;Direction to the State Government, Director of Health Services and the ICMR to display availability of normal beds, ICUs and Ventilator facility in all Government Hospitals, Private Hospitals and Nursing Homes on a real-time basisA direction to State Government and Director of Health Services ensure the adequate, continuous and regular supply of Oxygen to the hospitals in the state;Other reliefs as may be deemed fit In the interim, the petitioner pleads for a direction to direct the state to re-fix tariff for the private hospital/nursing homes for the treatment of Covid-19 patients including charges of laboratories and Diagnostic Centers.TagsCOVID -19 RTPCR Kerala High Court Justice Murali Purshothaman Justice Ashok Menon Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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