WE the COVIDIOTS of India:

 “Ask not what your country can do for you,

ask what you can do for your country.”

—John F Kennedy[1]

The soul of a free nation is defined by its citizens and for the progress of a nation, it is imperative for citizens to discharge their fundamental duties very diligently. As freedom granted without the adherence to its related responsibilities may destroy the freedom itself. Hence, a proper balance of rights and responsibilities should be maintained. On 22nd February 2020, speaking at the International Judicial Conference, Chief justice of India, Hon’ble SA Bobde said that "If fundamental duties are fulfilled by each citizen, then all the rights can be taken care of." As fundamental rights are essential for the complete development of citizen, the fundamental duties stand as a backdrop for the proper survival and development of a nation and its citizens.

The original text of Indian constitution did not comprise of Fundamental Duties as it was assumed that with the grant of fundamental rights obligations of the citizens would follow. the Fundamental rights and Fundamental duties must go along with each other as both are corollaries of each other The Swaran Singh committee was constituted which suggested for the inclusion of Fundamental Duties to the Constitution[2]. The chapter on Fundamental duties would reiterate a fact that the Fundamental Rights and Fundamental duties must go along with each other as ‘both are corollaries of each other [3]’. Thus, in 1976 with the 42nd Constitutional amendment, fundamental duties were introduced to the Constitution of India with the intent to balance an individual’s civic ‘freedoms’ with his civic obligations [4]. Article 51-A of the Constitution is also in consonance with Article 29(1) of the Universal Declaration of Human Rights which states that: “Everyone has duties to the community in which alone the free and full development of the personality is possible.” Thus, for the progress of our nation, it is crucial for citizens to understand that we properly discharge our duties.

Presently, the pandemic COVID-19 is seen to be acting unparalleled to our human civilisation. Justice P.B. Varale of Aurangabad bench of the Bombay High Court while hearing a suo moto (on its own) petition on the problems faced by migrant workers, daily wagers and health workers amid the pandemic states that “in the backdrop of this unforeseen situation, this is the right time to remind ourselves the fundamental duties of a citizen. Often, citizens show serious concern about their fundamental rights but then forget the fundamental duties”. Thus, the time demands the citizens along with their fundamental rights to also become mindful of their duties towards the State, the society and towards each other.

Amidst COVID-19 pandemic, on 1st April 2020, in Indore, the health workers engaged in screening the patients-infected from coronavirus was brutally attacked and manhandled by the local residents. Since, then till 28th April 2020, the state has seen several instances- from individuals inflicting harm on the health workers on frontline delivering duties amidst Covid-19 or mob attack on police personnel and doctor on preventive duties, to constantly causing a breach of the lockdown rules relating movement or mass gathering. The Union and state governments have been frequently issuing notifications and guidelines asking people to avoid gatherings and congregations and maintain social distancing. Whereas, constant disregard to such directions or guidelines are observed by the citizens leading to cause disruption to social and communal harmony of the nation while also acting a threat to many human lives. 

By Far, India's coronavirus tally has touched 42,836, including 29,685 active cases, 1,389 death and 11,761 cured or discharged. On May 1st, the centre issued state-wise division into red[5], orange[6] and green[7] zones based on the cumulative corona-infected cases reported and the doubling rate, the extent of testing and surveillance feedback to classify the districts. The states are also asked to create buffer zones around the containment zones within these zones as a safety measure to eliminate any chances of the virus. Thereafter, a partial opening of the economy begins from May 3rd while requesting the citizens to abide by the government issued rules and guidelines.

 Spurts of instances were observed in a day (May 4th 2020) where citizens were flouting the social distancing norms, E.g, large numbers of people queuing outside liquor stores and were not following the newly issued guidelines issued, E.g, Vehicles moving without passes. And as a consequence, the number of new COVID-19 cases in India hit a new high of 3,900 coronavirus patients in the last 24 hours.

The government under the virtue of The Disaster Management Act, 2005 is taking quick policy decisions and imposing restrictions on people to manage the COVID-19 pandemic. The government has issued orders to take strict action against anyone defying orders under the law a warrant issued by a court. Still, by far, only the UP Police have lodged more than 33,000 first information reports (FIRs), against 94,000 persons, under Section 188 of the Indian Penal Code (IPC), for defying the lockdown orders pertaining to the Epidemic Diseases Act, 1897[8]. Therefore, these unprecedented times call for retrospection of our fundamental duties and question as to how exactly are we, as citizens performing our duties in this time of unprecedented crisis.

I would like to now highlight a few fundamental duties enshrined under Article 51-A and how we as a citizen should adhere to them in letter and spirit: 

1.    Our first fundamental duty states that it shall be the duty of every citizen to abide by the Constitution and respect its ideals and its institutions. Right from the times of our freedom struggle, it has been our foremost ideal to stay united during the crisis so the least we as citizens can do during these unprecedented time is to stay united and support our government, the healthcare workers and administration in need. The Union and state governments have been frequently issuing notifications and guidelines requesting to avoid social gatherings and maintain social distancing. Thus, every individual is should cooperate in the implementation of measures designed to reduce the transmission of the coronavirus.

2.    The second fundamental duty is that it shall be the duty of every citizen of India to cherish and follow the noble ideals which inspired our national struggle for freedom. Freedom does not only implicate the independence from the external human force but it also means independence from an external natural force. Like the founding forefathers of our nation employed the non-violent tactic of satyagraha to get freedom from the external human force, we as citizens also have an obligation to religiously follow the government’s issued guidelines to expeditiously avail freedom from these external natural force. 

3.    The third fundamental duty is that it shall be the duty of every citizen to uphold and protect the sovereignty, unity and integrity of our nation. The common trend of spreading/forwarding fake news or WhatsApp messages to excite fear and panic among citizens should be discouraged by all. Rather, to uphold the unity and integrity of our nation all must do their bit by abiding by the rules and assist the administration and police personnel in combating the pandemic COVID-19.

4.    The fourth fundamental duty says that it shall be the duty of every citizen of India to defend the country and render national service when called upon to do so. Presently, in this time of crisis, the nation has called upon all its citizens to unify and to render our national services we all must take charge and use this opportune time to support and help each other by addressing the concerns, taking it seriously and thereafter abiding the regulations sincerely.

5.    The fifth fundamental duty instructs every citizen to promote harmony and spirit of common brotherhood amongst all the people of India. India has common conduct among its citizens of targeting a particular religion and a particular community forever uprooting problem around them. From calling the Tablighi Jamaat members as Corona Jihadis[9] to Mob lynching of Palghar’s sadhus[10] are we promoting common brotherhood amongst ourselves? In this hour, we all need to recognise who our true enemy and fight against it together. Thus, we need that all citizens and independent organisations must rope themselves in creating/spreading awareness among people (E.g.: to prevent obstruction to health workers and the need of social distancing) about the pandemic COVID-19. 

6.   The sixth fundamental duty instructs every citizen to value and preserve the rich heritage of our composite culture. Every nation is currently practising and propagating social distancing. The people afraid of air kisses, hugs and handshakes as a way of greeting, are acknowledging and adopting India’s Namaste as a greeting gesture. The Israeli Prime Minister Benjamin Netanyahu also appealed to the public that they should avoid shaking hands as he does. Instead, they can try the Indian greeting, a Namaste. Thus, in one way, COVID-19 is allowing us to promote our culture

7. The seventh fundamental duty says that it shall be the duty of every citizen to protect and improve the natural environment. Globally, a drastic improvement in the environmental conditions has been observed post lockdown. Adherence to the norms of social distancing, sanitization, limiting travel, working from home to avoid mass gathering by citizens has helped to reach out such change. Thus, as responsible citizens, we must try to maintain the situation not only now but even in the post-COVID-19 world. 

8.    The eighth fundamental duty says that it shall be the duty of every citizen of India to develop the scientific temper and spirit of enquiry. Our country has always been famous for having some great minds in the medical field from time immemorial. Thus, during COVID-19 pandemic our scientists and researchers could by employing their scientific temper and expertise and by the cooperation of the fellow citizens invent the vaccine or drug for curing or combating novel coronavirus. 

9.    The ninth fundamental duty is towards safeguarding public property and to abjure violence. Health care of our country is under constant threat or attack. The sanctity of these health care, and also the right to health are threatened by the citizens themselves. Such manhandling of the health workers may lead to deprivation of people from the urgently needed care, while simultaneously endanger health care providers, and also undermine health systems.

Due to the lack of knowledge, a stigma is attached to the infected personnel’s of the disease that even after their cure they are a threat to the lives of people around them. And as consequence violence or misbehaviour against such alleged super-carriers is widely in practice. Thus, it is the duty of the citizens across the country to support the healthcare workers and frontline officers rendering their untiring service to resist the spread of Covid-19 and to spread proper awareness about fellow citizens regarding ways to combat and control the spread of coronavirus.

10.    The tenth fundamental duty states that it shall be the duty of every citizen of India to strive towards excellence in all spheres so that the nation rises to higher levels of endeavour and achievement. A recent report from Harvard University has claimed that the world might have to practice social distancing until 2024 if the vaccine does not come soon enough. Thus, in the present time as citizens, practising social distancing and self-quarantine becomes more important. We citizens should contribute in whatever capacity, from all the spheres and assist the government or administration in fighting the pandemic crisis and making India a corona free Nation.  

Concluding, I would like to remind that during the war and extraordinary situations[11], our nation has always fought together with unity, zeal, and fervour. Thus, the need of the hour is to respond to our PM’s call now. Taking Lessons from this human-virus conflict, citizens should follow their fundamental duties not only in letter but also in spirit and as an active soldier must unite with our government in combating the common enemy- COVID-19. Holding that, I would like to reiterate that as it is a constitutional right of every citizen that their basic needs should be met then it is also our duty to maintain peace, harmony and the spirit of brotherhood, especially during the Covid-19 pandemic. Thus, the citizens of India should necessarily adhere to their fundamental Duties and be inclusive in fighting the pandemic by pledging to do our share to freeing our great nation from the pandemic together. 

“If leaving duties unperformed we run after rights, they will escape us like will--o--the--wist, the more we pursue them, the farther they will fly.”

-Mahatma Gandhi. 

#researchmustgoon

[1] Former President, United States.

[2] Swaran Singh Committee Report, (1976) 2 SCC (Jour) 45

[3] Ibid

[4] Justice Kurian Joseph, Supreme Court of India, “My Fundamental Duties Under The Constitution Of India” https://www.thehindu.com/multimedia/archive/02932/Expanding_the_idea_2932328a.pdf (last viewed on 01st May 2020)

[5] The districts with substantial numbers of infected persons from coronavirus

[6] The areas with a limited number of infected cases in the past and with no surge in positive cases

[7] The districts with no coronavirus positive cases

[8] https://www.business-standard.com/article/economy-policy/covid-19-up-moots-ordinance-to-deal-with-cases-of-attacks-on-doctors-cops-120042901054_1.html

[9]https://www.aljazeera.com/news/2020/04/tablighi-jamaat-event-india-worst-coronavirus-vector-200407052957511.html

[10] https://www.siasat.com/2-sadhus-driver-killed-mob-over-rumors-child-kidnapping-1876862/

[11]During the the food crisis in the 1960s when our, then Prime Minister Lal Bahadur Shastri requested the nation for skipping one meal a day, our whole nation responded to that call with full commitment.