Page 139 - Constitution

70 Years of Indian

Constitution

Privacy, Right to livelihood and Right to education. Taking into account the situation of Covid-19,
The Right to life and liberty came under immense the Union Ministry of Home Affairs issued
scrutiny during the testing times of Covid- 19 directions to the state governments and
Pandemic. In a situation like this, where we are authorities to ensure that all the employers

constantly trying to find a solution to get out of this make payment of wages to their workers
quagmire, it fell upon the judiciary and the legislative
to ensure that the spirit of the Constitution is upheld
governments and authorities to ensure that all the
which can only be done by ensuring that everyone’s
employers make payment of wages to their workers
fundamental rights are protected and under the
on the due date and the said wages shall under no
Article 21 and that cannot be curtailed under any
circumstances be deducted. Further, the wages must
extraordinary situation.
be made for the period the establishment/industry/
But the extraordinary conditions resulting
shops are under the closure during the lockdown
from Covid-19 pose new challenges to these
as well. It is pertinent to mention that the Hon’ble
aforementioned rights have been witnessed during
Supreme Court in Peoples Union for Democratic
the pandemic. Lack of food, health care to the public
Rights v. Union of India held that non-payment of
and the health workers, education and the mid-day
minimum wages to the workers is a denial of their
meal provisions and the right to free movement have
right to live with basic human dignity and violation of
thrown up many Constitutional challenges. Therefore,
Article 21 of the Constitution. As mentioned earlier,
in order to ensure the protection of Fundamental
the enforcement of special initiatives is a challenge
Rights, it is the responsibility of the executive to
because certain institutions in the informal sector are
enforce the law and guarantee the fundamental
breaching the directions issued by the government.
rights provided by the Constitution and the judiciary
From deducting wages to dismissing a percentage
to uphold the rights which get neglected or trampled
of employees to further delaying payment of wages,
by the acts or omissions of the state.
a few sectors in the economy have been rampantly
indulging in these violations.
Right to Life

Taking into account the situation of Covid-19, the Union Right to Health
Ministry of Home Affairs issued directions to the state

70 Years of Indian Constitution 139