COVID Deaths: Are Governments Criminally Liable for Mass Misery?
The QuintUnder the Indian Penal Code, Section 304A defines the offence of criminal negligence. For an offence of criminal negligence to be made out, the following grounds must be ascertained: there should be a duty of care on the part of the Defendant towards the aggrieved person this duty must have been breached by the Defendant; failure to perform duty expected of the Defendant, or performing a duty not expected there should be tangible harm/damage caused to the aggrieved person because of the Defendant’s negligence. While “right to health” is not an explicitly stated fundamental right in the Constitution, the Supreme Court, through various judgments, has interpreted it to be part of the right to life under Article 21. She believes that a clear link can be drawn between the government’s refusal to foresee the current situation and its ability to act on it, and the deaths that we see spanning the country, clearly caused by lack of timely access, or any access, to life-saving medical facilities.