Role of Local Self-Governments in Kerala in Ensuring the Socio-Economic Rights of Citizens During Pandemic

Abstract

The nature, virulence and impact of COVID-19 were higher than initially expected. Subsequently, stringent, prolonged and multiple phases of lockdown measures were forced to be implemented by the governments at the Centre and the State, creating alarms in almost every walk of life. The adversary period raised serious concerns about the vindication of the most basic rights of the citizens. In such a circumstance, combating COVID-19 acquired a broader sense, much beyond ensuring basic health care. In the process, Local Self Governments, who were initially entrusted with a range of welfare schemes to further the right to health, was subsequently required by the situation to spread their nets and reach out to diverse fields, to meet the socio-economic needs of the ‘COVID-19 restricted society’, such that right to health may be secured in a broader sense. In the process, Local Self Governments, apart from acting as an implementation agency, started to vindicate the power conferred under Section 166 read with the Third schedule of Panchayati Raj Act, 1994 and allied rules and Section 30 read with the First Schedule of The Kerala Municipality Act, 1994 and allied rules, to further the efforts taken by the Governments at the Centre and the State to ensure the right to health. Though that being the state of affairs, COVID-19 created an unprecedented and unforeseen situation, wherein it gave the slightest indications for State and Local Self Governments to have a comprehensive and overarching preparedness, rather were left only with an option to act only in accordance with the situations emerging then and there. However, in any such future event, only a well-developed Local Self Government system operationalised for disaster risk reduction could come to our rescue. Therefore, it is pertinent to build a robust system, ever equipped to meet any such crisis. However, in the process of structuring the framework, firstly, it is vital that the role and the response strategy taken by these bodies with the power already conferred to Panchayats by virtue of Section 166 of Panchayati Raj Act., 1994 and allied rules and Municipalities by Section 30 of The Kerala Municipality Act, 1994 and allied rules is ascertained. Secondly, the coordinated efforts of Local Self Government with other actors as well as best practices adopted in acting as an implementation agency are detailed and documented, and the competencies and means required by these agencies to act as disaster risk reduction agencies and to combat any such crisis are pointed out. Hence, this research study attempts to explore the role of local bodies in dealing with the COVID-19 pandemic and to point out the legal hurdles faced by them in the process