IN THE SUPREME COURT OF CIVIL ORIGINAL JURISDICTION CIVIL WRIT PETITION No. OF 2020

IN THE MATTER OF:

Sanisha Thomas & Ors. …… Petitioners

Versus

Union of India & Ors. …… Respondents

PAPER BOOK

(FOR INDEX KINDLY SEE INSIDE)

(ADVOCATE FOR THE PETITIONER: MR. JOSE ABRAHAM) INDEX

Sl. Particulars of Page No. of part to Remarks No. Document which it belongs Part – I Part – II [Contents [Contents of Paper of file Book] alone (i) (ii) (iii) (iv) (v) 1. Court Fees 2. Office Report on NIL NIL Limitation 3. Listing Proforma A1 - A2 A1 - A2 4. Cover Page of Paper A - 3 Book 5. Index of Record of A - 4 Proceedings 6. Limitation Report NIL NIL prepared by the Registry 7. Defect List A - 6 to 8. Note Sheet NS1 to ……… 9. Synopsis & List of B-I Dates 10. Writ Petition along 1-31

with Affidavit in

support. 11. Annexure P-1 32-50

True copies of the

Representations filed

by the Petitioners

12. Annexure P-2 51-53

True copies of

medical reports of

some of the

Petitioners

13. Filing Memo 54

14. V/A 55-56

RECORD OF PROCEEDINGS Sl.No. DATE OF RECORD OF PROCEEDINGS PAGE NO.

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B

SYNOPSIS AND LIST OF DATES

The Petitioners are filing the present writ petition under Article 32 of the Constitution of

India in extremely urgent circumstances, wherein being in their third trimester of pregnancy

(final stage) are stuck in the Kingdom of Saudi

Arabia living in vulnerable condition which is proving to be fatal to them as well as the fetuses. The Petitioners through the present

Petition are seeking a Writ in the nature of

Mandamus from this Hon’ble for issuance direction to the Respondents repatriate them from Saudi

Arabia to India as soon as possible as they will not be able to travel once they are in their 36th week of gestation.

The Petitioners herein are citizens of India who are working as Nurses and Doctor in various provinces of the Kingdom of Saudi Arabia. It is submitted that all the Petitioners herein are pregnant, in their 3rd trimester, who had been planning to return to India on various dates in C the month of March and April for their delivery.

However, due to the closure of the Airports in

India for flights from abroad, the flights which they had booked tickets for much earlier got cancelled. Because of which all the Petitioners are stuck in the Kingdom of Saudi Arabia and are living in vulnerable conditions which is fatal for both the unborn child and the mother.

It is humbly submitted that the Petitioners are living alone in Saudi Arabia with no family to take care of them in such a crucial time. It is also a worrying fact that most of the Government Hospitals in Saudi Arabia have been converted into Covid19 treatment centres and are admitting only those people with the said infection and the Petitioners are also not in a financial position to afford to go to private Hospitals for treatment.

In case of some of the Petitioners, they are posted in remote paces of the Saudi Arabia and the nearest

Hospital with a Gynaecologist is around 200 Kms and due to the lock down imposed in the country to check the spread of Covid19, they are unable to go D for a check-up and are also have no means to take an ultrasound to check the growth of the fetus.

It is humbly submitted that some of the Petitioners have already resigned from their jobs to return to

India for delivery of the Child, but they are forced to stay back in Saudi Arabia, due to the cancellation of the flights. So without any source of income, it has become difficult for them to afford to pay for their food, essential medicines and other expenses they might incur during delivery of the child.

It is also pertinent to mention that there are around 250 more pregnant Nurses and doctors similarly placed to the Petitioners herein who are also facing difficulty and waiting to get repatriated.

It is also submitted that there is no clarity as to when the international commercial aircrafts will be allowed into India. Since the Petitioners are already in their final stage of pregnancy, they may not be able to travel beyond 36th week of pregnancy due to health reasons. So, the E Petitioners have to be repatriated from Saudi

Arabia to India otherwise, not only them but also the unborn has to face difficulties.

It is humbly submitted that the Petitioners have been running from pillar to pole by submitting representations to get their grievances addressed and repatriated to India in this testing times but have been unsuccessful so far with the authorities concerned being merely evasive with their answers.

It is also pertinent to mention that all the

Petitioners are from State of (Respondent

No. 4) and on approaching the State authorities, the Petitioners were orally assured that they are willing to give proper treatment in case if the

Central Government repatriates them.

It is also submitted that even in earlier occasions, patient in urgent need of medical treatment have been brought back to India.

Recently, in one such case, a 5-year-old girl was air lifted from Kuwait for an emergency surgery in

AIIMS, New Delhi and in another case, a person was airlifted from United Kingdom to Thalassery in F Kerala. So the present case as well, the

Petitioners are in similar situation as the above warranting urgent evacuation for their medical treatment.

Hence the Petition.

LIST OF DATES AND EVENTS

31.12.2019 China reported a cluster of cases

of pneumonia in Wuhan, Hubei

Province. A novel coronavirus was

eventually identified.

11.03.2020 The World Health Organization (WHO)

considering the alarming levels of

spread and severity, and by the

alarming levels of inaction

declared COVID-19.

19.03.2020 The Director General of Civil

Aviation vide Circular dt.

19.03.2020, directed that that no

scheduled international commercial

passenger aircraft shall take off

from any foreign airport for any G airport in India, after 0001 hrs

GMT of March 22, 2020 (*i.e. 0531

hrs Indian Standard Time (IST) of

March 22, 2020) till 0001 hrs GMT

of March 29, 2020. It was also

directed therein that no incoming

scheduled international commercial

passenger aircraft shall be allowed

to disembark its passengers *on

Indian soil* (Foreigner or Indian)

after 2001 hrs GMT of March 22,

2020 (*i.e. 0131hrs IST of March

23, 2020).

24.03.2020 The National Disaster Management

Authority (NDMA), in exercise of

the powers under section 6(2)(i) of

the Disaster Management Act, 2005,

issued an Order dated 24.03.2020,

directing the Ministries/

Departments of Government of India,

and the State/Union Territory H Governments and State/ Union

Territory Authorities to take

effective measures to prevent the

spread of COVID-19 in the country.

26.03.2020 The Director General of Civil

Aviation vide Circular dt.

26.03.2020, extended the

suspension of scheduled

International Commercial passenger

flights till 1830 hrs GMT of till

14th April 2020.

14.04.2020 That the Director General of Civil

Aviation Civil Aviation vide

circular dt. 14.04.2020, further

extended the suspension of

scheduled International Commercial

passenger flights till 1830 hrs GMT

of 3rd of May 2020. However, it was

clarified in the said circular that

the restriction will not apply to

international all-cargo operations I and flights specifically approved

by DGCA.

Due to the above circumstances, the

Petitioners herein who are in their

final stages of pregnancy are not

able to return to India and

struggling in Saudi Arabia where

they were working as nurses. It is

also worrying fact that they are

unable to get proper medical

treatment in Saudi Arabia as most

of the Government Hospitals have

been converted into Covid19

treatment centers and the private

hospitals are costly to afford the

treatment there.

27.04.2020 The present Writ Petition is filed.

1

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

(PUBLIC INTEREST LITIGATION PETITION)

CIVIL WRIT PETITION No. OF 2020

(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)

BETWEEN:

1. Sanisha Thomas,

Pulickal(H),

Cherukkad(PO),

Kozhikode-673527,

Kerala.

Passport No. K6681531 ……Petitioner No. 1

2. Amala Varghese,

Paruvelikudiyil(H),

Mudavoor(PO),

Muvattupuzha,

Ernakulam-686669,

Kerala.

Passport No. R1463011 ……Petitioner No. 2

2

3. Anjumol Jose,

Kanelal(H),

Palliamb via,

Kuravilangad(PO),

Kottayam-686633,

Kerala.

Passport No. L4185317 ……Petitioner No. 3

4. Aswaty Raghunatha pillai,

Lolalayam tera-92,

Thirumulla varam(PO),

Kollam-691012,

Kerala.

Passport No. T9904612 ……Petitioner No. 4

5. Athira Babu Mandady,

Kizhakedath(H),

Annasseri,

Kozhikode-673303,

Kerala.

Passport No. R5130764 ……Petitioner No. 5 3

6. Bhagya Lekshmi Satyarajan,

Mannareth,

Kokkadhodu(PO),

Tathanamthitta,

Kerala-689691.

Passport No. 56944013 ……Petitioner No. 6

7. Bincy babu,

Charuvila puthen veedu,

Karickom(PO),

Kottarakara,

Kollam-691531,

Kerala.

Passport No. R4626646 ……Petitioner No. 7

8. Chinnu Sam,

Nediyavila,

Kottavattom(PO),

Elampal(via),

Kollam-691322,

Kerala. 4

Passport No. N8682538 ……Petitioner No. 8

9. Dimple Antony,

Arackal house,

Muttar(PO),

Alappuzha-689574,

Kerala.

Passport No. K0377844 ……Petitioner No. 9

10. Dona Sunny,

Payattukala nirappeal(H),

Bison valley(PO),

Idukki-685565,

Kerala.

Passport No. M8417364 …Petitioner No. 10

11. Dr. Rehma Salam

Elayodan (H), Cherukode

(PO),

Chathangotupuram,

Malappuram- 679328 5

Kerala

Passport No. L9852189 …Petitioner No. 11

12. Geethu C Babu

Cherivuparambil (H),

Vazhoor (PO)

Kottayam- 686504

Kerala …Petitioner No. 12

13. Jayasree Sivankutty

Puthuparampil (H),

Perumpanachy (PO)

Changanacherry,

Kottayam- 686536

Kerala

Passport No. L1489564 …Petitioner No. 13

14. Liji Maraya Joseph

Parayil (H),

Puliyoor PO

Chengannur, 6

Alapuzha,

Kerala

Passport No. K7238667 …Petitioner No. 14

15. Neethumol Thankachan

Thodupuzha,

Idukki,

Kerala

Passport No. K3877141 …Petitioner No. 15

16. Reeja Rani Thankachan,

Reeja Bhavan,

Thrippilazhikom (PO),

Kundra,

Kollam- 691509

Kerala

Passport No. K7112279 …Petitioner No. 16

17. Selus Sebastian

Pathikkattu (H),

Rajapuram (PO) 7

Idukki- 685604

Kerala

Passport No. N0732565 …Petitioner No. 17

18. Shilpa Prameela Pillai

Shilpa Bhavanam,

Edakkunnam,

Charummoodu (PO)

Alapuzha- 690505

Kerala

Passport No. N3311213 …Petitioner No. 18

Versus

1. Union of India

Through its Secretary,

Ministry of Civil Aviation,

Rajiv Gandhi Bhawan,

Block B, Safdarjung Airport

Area, New Delhi-110003 ……Respondent No. 1 8

2. Ministry of External

Affairs,

Through its Secretary

South Block, Raisina Hill, ……Respondent No. 2

New Delhi- 110011

3. Ministry of Home Affairs

Through its Secretary,

North Block, Raisina Hill,

New Delhi- 110011 ……Respondent No. 3

4. State of Kerala

Through its Chief Secretary

Government Secretariat,

Thiruvananthapuram -

695001

Kerala ……Respondent No. 4

9

PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF

INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF

MANDAMUS TO DIRECT THE RESPONDENTS TO RESCUE AND

BRING THE PETITIONERS BACK TO INDIA WHO ARE

PREGNANT AND STRANDED IN THE KINGDOM OF SAUDI

ARABIA IN VULNERABLE CONDITIONS.

TO

The Hon’ble Chief Justice of India

And his Companion Justices of the

Hon’ble Supreme Court of India.

The humble Petition of the Petitioners, above named

MOST RESPECTFULLY SHOWETH:

1. That the Petitioners herein are Indian

citizens, currently working as Nurses and

Doctor in the Kingdom of Saudi Arabia who

are in their third trimester of pregnancy

and are living in vulnerable condition 10

proving to be fatal to them as well as the

fetuses. The Petitioners are filing the

present writ petition under Article 32 of

the Constitution of India in extremely

urgent circumstances seeking a Writ in the

nature of Mandamus from this Hon’ble for

issuance of following direction to the

Respondents:

i. To make appropriate arrangement to

rescue and bring the Petitioners back to

India who are pregnant and stranded in

the Kingdom of Saudi Arabia in

vulnerable conditions. ii. To issue directions to the Embassy of

India, Riyadh, Saudi Arabia to take

appropriate measure to ensure that the

Petitioners have access to proper

medical facilities till they are

repatriated to India as absence of same

would prove fatal to both the

Petitioners and fetuses. 11

2. That the Petitioners have not filed any other

Petition on the same subject matter or

seeking similar reliefs either in this

Hon’ble Court any High Courts except this

present Petition.

3. That the Petitioners approached the

Respondents through Representations on

various dates but there has been no reply

for the same from the Respondents. True copy

of the Representations filed by the

Petitioners herein are marked as ANNEXURE P-

1 (Colly) and annexed herewith at Page Nos.

32 to 50.

4. Petitioner No 1 was working as a staff nurse

in Al Quriae Banimalik General Hospital,

Saudi Arabia since 5 years and her contract

with the hospital was completed on

20.04.2020. She is 30 weeks pregnant now and

was supposed to return to India on

25.04.2020. But due to the current situation

the flight was cancelled and struck in Saudi 12

Arabia. Since her contract period on

20.04.2020, she has no one to support her in

this crucial time.

5. Petitioner No 2 is working as a staff nurse

in Saudi Arabia and she is 30 weeks pregnant

now. There is no facility available for

delivery of a child in which petitioner no 2

is currently working and also there are no

family members with her to take care.

6. Petitioner no 3 is currently working as a

staff nurse at King Salman Centre for kidney

diseases, Riyadh in Saudi Arabia. She is in

her 32nd week of pregnancy and expected to

deliver her baby on 05.06.2020. She is

working in a dialysis centre which doesn’t

have a gynaecology department. It has also

difficult to go for a routine gynaecology

appointment and check-up in outside hospital

due to curfew and transportation

restrictions. There are also no basic

facilities available for routine gestational 13

ultrasound or other check-up to assist

faetal growth and monitory.

7. Petitioner no 4 is working as a staff nurse

in Saudi Arabia. She is 26 weeks pregnant

now. She had booked her ticket for 30.04.2020

to come back to India but the same got

cancelled due to current situation. There

are no facilities available for her to

deliver in the hospital in which she is

presently working. It is also submitted that

she cannot travel back to India after 36

weeks of her pregnancy.

8. Petitioner no 5 was working as a staff nurse

in Durma General Hospital, Riyadh in Saudi

Arabia for the past 1 year. Her contract with

the hospital ended on 20.03.2020 and planned

to travel to India in the 1st week of April.

However, the same was cancelled due to the

present situation. She is in her 21st week

of Pregnancy and she has no one to take care

of her. Since the contract with the hospital 14

is already over, it has become difficult for

her to sustain herself at this testing hours.

9. Petitioner no 6 is working as a staff nurse

at King Salman Centre for kidney diseases,

Riyadh in Saudi Arabia. She is 29 weeks of

gestation (twin pregnancy). Her expected

date of delivery is on 27.06.2020. She is

all alone in Saudi Arabia with no family

member to take care of her. She is working

in a dialysis centre which doesn’t have a

gynaecology department. It has also

difficult to go for a routine gynaecology

appointment and check-up in outside hospital

due to curfew and transportation

restrictions. There are also no basic

facilities available for routine gestational

ultrasound or other check-up to assist fetal

growth and monitory.

10. Petitioner no 7 is working as staff nurse in

a King Saud Hospital, Onizha, Qassil in Saudi

Arabia. She is 8 month pregnant now and 15

staying in a hostel. Her hospital is a Covid-

19 back up hospital so admitting more

positive cases, because of which the chances

of getting infected is high among the staffs.

It is also become difficult to get food and

other medical facilities at this crucial

hour.

11. Petitioner no 8 is working as a staff nurse

in King Faisal Specialist Hospital and

Research Centre, Riyadh in Saudi Arabia. She

complete her contract with the hospital on

26.03.2020 and had booked her ticket to

return to India on 01.04.2020 but the same

was cancelled due to the lockdown. She is 7

months pregnant now and staying in a hospital

now. There is no medical facility available

due to lockdown and it has become difficult

to find a hospital incase of emergency.

12. Petitioner no 9 was working as a staff nurse

in Al Raith General Hospital,Gizan which is

very remote and rural area in Saudi Arabia 16

in yemen border. She had already resigned

her job to move back to india., she is 6

months pregnant now. As mentioned earlier

she is in a very remote area where there is

any hospital with gynaecology department. So

it has become difficult for her to get even

an ultrasound done. So she is in a very

pathetic situation with her health worsening

day by day. The nearby department with

gynaecology department is around 200 km but

the same is admitting only covid 19 patients.

So she is undergoing a fearful day staying

there which is affecting both her and the

feteus health.

13. Petitioner no 10 was working as a staff nurse

in KIMC Hospital in Saudi Arabia. She had

already submitted her resignation with the

hospital on 05.03.2020 due to her pregnancy.

She was supposed to leave India on 17.03.2020

but her flight was cancelled. She is 36 weeks

pregnant. She is not getting proper 17

treatment, presently in Saudi Arabia ,as the

hospitals near her place or either closed or

allowing only Covid19 patients to be

admitted. She cannot afford treatment and

paying money for food and accommodation as

she has already resigned her job.

14. Petitioner No. 11 is working as a Doctor in

Saudi Arabia. She is now 26 weeks pregnant.

She already had lots of complications during

her first pregnancy which still remains

(Septate Uterus) due to which the first baby

born prematurely in MIMS Hospital, Calicut.

To avoid complications, this delivery was

also planned in the said Hospital. She was

supposed to leave for India on 07.04.2020

but the same was cancelled due to travel ban.

There are no facilities available presently

at the place where she is residing with no

hospital with Gynaecology department. She is

also suffering from severe mental stress

which could make her condition even worse. 18

15. Petitioner No. 12 is working as a Staff Nurse

in Miqua General Hospital, Al-Jouf Region,

which is a rural region in Saudi Arabia for

the past four years. She is 8 months pregnant

and had to travel around 50 kms for a check-

up and regular ultra sound due which has

become difficult now due to the lock down

imposed by the Government there. Since she

is in a rural place, there are food and water

scarcity as well.

16. Petitioner No. 13 is working as a Staff Nurse

in King Fahad Hospital, Jeddah in Saudi

Arabia. She is 34 weeks pregnant. She is

staying in Hostel right now along with her

roommates who are nurses doing Corona19

related duty so it has become very difficult

from them to take care of her due to the fear

of passing infection to her. So she is left

all alone. It is also difficult for her to

go to a Government run Hospital as they have

been converted as Covid19 centres, but at 19

the same time she cannot also afford a

private hospital as they a very costly.

17. Petitioner No. 14 is working as a Staff Nurse

in King Fahad Specialist Hospital, Saudi

Arabia. She is now 21 weeks pregnant and

living alone there and has no one to take

care in case of delivery. Hospital

management has refused to allow anyone to

stay with her at this situation. She is both

physically and mentally stressed due to the

present situation.

18. Petitioner No. 15 is working as a Staff Nurse

in Modern Medical Hospital, Riyadh in Saudi

Arabia. She is 30 weeks pregnant. She was

supposed to leave for India on 25.03.2020

but she couldn’t due to the travel ban. Her

Husband there is in visiting visa there

currently with her and do not have sufficient

financial resource to undertake the delivery

in Saudi Arabia. 20

19. Petitioner No. 16 is working as a Staff Nurse

in Al Batha General Hospital, Eastern

Province, Dammam, Saudi Arabia. She is 7

months pregnant now and her due date is on

22.07.2020. Since there are no gynaecology

department in the Hospitals in her area, she

had to travel 500 Kms to get her check up

done. But due to the curfew imposed, she

isn’t getting permission to go outside for

check-ups. Unfortunately, the Hospital she

is working in has also rejected her leave

request due to the Covid19 crisis. So is

stuck there without any one to support her

in this needy hour.

20. Petitioner No. 17 was working as a Staff

Nurse in Maternity and Children’s Hospital

(MCH), Al-Jouf, Saudi Arabia for last 4

years. She is 7 months pregnant now. She had

already resigned from her job on 16.04.2020

and was schedule to leave for India on

23.04.2020 but couldn’t come back du to the 21

travel restrictions. She is left alone with

no one to take care of her during this

crucial time and post-delivery.

21. Petitioner No. 18 is working as staff nurse

at Al Nabhaniyah General Hospital, Al Gassim

in Saudi Arabia. She is a in her 7 month of

pregnancy and staying alone with no one to

take care of her. Her due date for delivery

is in first week of June.

22. The Respondent No. 1 is the Union of India,

represented by the Ministry of Civil

Aviation, which is the nodal Ministry

responsible for the formulation of national

policies and programmes for development and

regulation of Civil Aviation and for

devising and implementing schemes for the

orderly growth and expansion of civil air

transport.

23. The Respondent No. 2 is the Ministry of

External Affairs, which is the appropriate 22

ministry responsible for the conduct of

foreign relations of India.

24. The Respondent No. 2 is the Ministry of Home

Affairs, Union of India which is the

appropriate Ministry responsible for the for

the maintenance of internal security and

domestic policy.

FACTS 25. On 31.12.2019, China reported a cluster of

cases of pneumonia in Wuhan, Hubei Province.

A novel coronavirus was eventually identified.

26. On 11.03.2020, the World Health Organization

(WHO) considering the alarming levels of

spread and severity, and by the alarming

levels of inaction declared COVID-19.

27. On 19.03.2020, The Director General of Civil

Aviation vide Circular dt. 19.03.2020,

directed that that no scheduled international

commercial passenger aircraft shall take off

from any foreign airport for any airport in

India, after 0001 hrs GMT of March 22, 2020 23

(*i.e. 0531 hrs Indian Standard Time (IST) of

March 22, 2020) till 0001 hrs GMT of March 29,

2020.

It was also directed therein that no incoming

scheduled international commercial passenger

aircraft shall be allowed to disembark its

passengers *on Indian soil* (Foreigner or

Indian) after 2001 hrs GMT of March 22, 2020

(*i.e. 0131hrs IST of March 23, 2020).

28. That on 24.03.2020, the National Disaster

Management Authority (NDMA), in exercise of

the powers under section 6(2)(i) of the

Disaster Management Act, 2005, issued an Order

dated 24.03.2020, directing the Ministries/

Departments of Government of India, and the

State/Union Territory Governments and State/

Union Territory Authorities to take effective

measures to prevent the spread of COVID-19 in

the country.

29. On 26.03.2020, the Director General of Civil

Aviation vide Circular dt. 26.03.2020, 24

extended the suspension of scheduled

International Commercial passenger flights

till 1830 hrs GMT of till 14th April 2020.

30. On 14.4.2020, the Director General of Civil

Aviation Civil Aviation vide circular dt.

14.04.2020, further extended the suspension of

scheduled International Commercial passenger

flights till 1830 hrs GMT of 3rd of May 2020.

However, it was clarified in the said circular

that the restriction will not apply to

international all-cargo operations and flights

specifically approved by DGCA.

31. Due to the above circumstances, the

Petitioners who are working as Nurses and

Doctor in various provinces of the Kingdom of

Saudi Arabia herein who are in their final

stages of pregnancy are not able to return to

India and struggling in Saudi Arabia.

32. It is humbly submitted that the Petitioners

herein are in their final stages of pregnancy

and are living in vulnerable condition in the 25

Kingdom of Saudi Arabia where they are not

being provided proper treatment and most of

them are living all alone with no one to take

care of the pregnant Petitioners and also post

deliver of the child. True copies of medical

reports of some of the Petitioners are marked

as ANNEXURE P-2 (Colly) and annexed herewith

at Page Nos. 51 to 53.

33. It is also submitted that most of the

Government Hospitals in Saudi Arabia has been

converted into Covid19 treatment centres and

are admitting only those people with the said

infection and the Petitioners are also not in

a financial position to afford to go to private

Hospitals for treatment.

34. In case of some of the Petitioners, they are

posted in remote paces of the Saudi Arabia and

the nearest Hospital with a Gynaecologist is

around 200 Kms and due to the lock down imposed

in the country to check the spread of Covid19,

they are unable to go for a check up and are 26

also have no means to take an ultrasound to

check the growth of the fetus.

35. It is humbly submitted that some of the

Petitioners have already resigned from their

jobs to return to India for delivery of the

Child, but they are forced to stay back in

Saudi Arabia, due to the cancellation of the

flights. So without any source of income, it

has become difficult for them to afford to pay

for their food, essential medicines and other

expenses they might incur during delivery of

the child.

36. It is humbly submitted that the Petitioners

have been running from pillar to pole to get

their grievances addressed and repatriated to

India in this testing times but have been

unsuccessful so far with the authorities

concerned being merely evasive with their

answers.

37. It is also submitted that there is clearly

uncertainty looming as to when the 27

international commercial aircrafts will be

allowed into India. Since the Petitioners are

already in their final stage of pregnancy,

they may not be able to travel beyond 36th week

of pregnancy due to health reasons. So, the

Petitioners have to be repatriated from Saudi

Arabia to India otherwise, not only them but

also the unborn has to face difficulties.

38. The Petitioner has no other equally

efficacious remedy except to approach this

Hon'ble Court by way of present Writ Petition.

All annexures annexed to the Writ Petition are

true copies of their respective originals.

39. Thus being aggrieved, the Petitioners with

leave of this Hon’ble Court are filing the

present writ petition under Article 32 of the

Constitution of India on inter-alia the

following grounds:

GROUNDS

A. BECAUSE the Petitioners are in their final

stages of pregnancy and are living in highly 28

vulnerable condition in the Kingdom of Saudi

Arabia with no proper medical facility and no

one to take care of them.

B. BECAUSE the Respondents have a constitutional

duty to protect a mother and her unborn child

enshrined in Article 21 of the Constitution of

India.

C. BECAUSE it is well settled principle that the

States should not discriminate between persons

who have taken birth and persons who are still

in the wombs of mothers. The State is under an

obligation under Article-21 not only to

protect the life of unborn child from

arbitrary and unjust destruction, but also not

to deny it equal protection under Article-14.

So the Court have time and again interpreted

Article-21 to mean that the word 'person'

applies to all human beings including the

unborn offsprings at every stage of gestation.

D. BECAUSE in the case of Paschim Banga Khet

Mazdoor Samity & Ors vs State of West Bengal 29

& Anr, (1996) 4 SCC 37, it was held by this

Hon’ble Court that Article 21 of the

Constitution casts an obligation on the State

to take every measure to preserve life. The

Court found that it is the primary duty of a

welfare State to ensure that medical

facilities are adequate and available to

provide treatment.

E. BECAUSE it is the duty of the State to ensure

that the Petitioners who are pregnant and are

stuck in Saudi Arabia in vulnerable condition

are brought back to India in time and are given

proper treatment as it is not only the question

of the Petitioners life alone but also the

unborn child.

PRAYER

In view of the facts and circumstances of the case, it is most respectfully prayed that this

Hon’ble Court may be pleased to:

i) To make appropriate arrangement to

rescue and bring the Petitioners back to

ANNEXURE P-1 (COLLY) 32

To , Dr. S JAISANGAR FOREIGN AFFAIRS MINISTER OF INDIA NEWDELHI INDIA Sub : EMERGENCY TRAVEL ARRANGEMENT TO INDIA Respected Sir, I am Sanisha Thomas , PP:K6681531, Iqama Number: 2399738711,basically from kerala , working as a staff nurse under Ministry of Health, Al Quriae Banimalik General Hospital, Saudi Arabia since 5 years. I am 30 weeks pregnant now and i have completed my contract on 20 April 2020. I had scheduled my return journey on 25th April but due to the current conditions my flight got cancelled and i am stuck up over here. My contract period is going to finish and I have no one else here to support me during my pregnancy days. I am going through tough times due to this issues .I plead for your support to help me reach back home in kerala for my delivery. Please find below my Personal information for your reference: Address ( India): Present address ( SAUDI ) Sanisha Thomas Sanisha Thomas Pulickal (H) Al Quriae Banimalik General Hospital Cherukkad (PO) Taif Kozhikode -673527 Saudi Arabia

Mobile Phone: 9447631128 KSA Phone: +966535221725 E-mail ID : [email protected] Looking for your kind support in this difficult time of mine. Yours faithfully ,

Sanisha Thomas 33 34

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To, Sree S Jaisangar Foreign Affairs Minister of India New Delhi, India

Respected Sir,

Sub: Emergency Travel Arrangements to India

Name: Chinnu Sam Passport no: N8682538 Iqama no: 2462727450 MADAD Registration no: SB2CPR106547120

I am working as a Staff Nurse in King Faisal Specialist Hospital and Research Center, Riyadh, Saudi Arabia. Now I am 7 month pregnant and staying in the hostel. I filed my Final Exit. I completed my contract on 26/03/2020. My flight ticket was on 01/04/2020. But it was canceled due to Covid 19. Now a days I am not working. I don’t have any relatives in Riyadh and no family with me. According to the hospital, they will not facilitate any accommodation if in case of delivery happens here. So I want to go home as soon as possible.

Hope you can understand my critical situation and kindly please do arrange flight for me

Yours Respectfully

From, Chinnu Sam (India) Nediyavila, Kottavattom (P.O) Elampal (Via) Kollam 691322 Kerala Mob: +91, 9447558247

Chinnu Sam (Saudi Arabia) King Faisal Specialist Hospital and Research Center Zahrawi St, Al Mather Al Mazeer, Riyadh 12713 Mob: 0561744576 Email: [email protected]

Signature 40 41 42

Date: 23/04/2020 To,

Sree S JAISANGAR FOREIGN AFFAIRS MINISTER OF INDIA NEW DELHI, INDIA

Subject: Emergency travel arrangements to India

Respected Sir,

I’m now 26 weeks pregnant. I had lot of complications in my first pregnancy and those complications still remains. Case - Septate Uterus For this reason, the first child was born 2 months premature and later undergone treatments. The surgery was conducted in a MIMS hospital, Calicut and the child was safe only because of quality treatment and surgery was done at exact time. This delivery was also supposed to do by the same doctor to avoid complications.

We had already purchased Tickets for our travel and was supposed to go on April 7th. We don’t have Medical Insurance and there is no facilities for surgery here at this situation. Even a Gynecologist is not available for consultation. We are completely under lockdown conditions and the whole family is at home, totally helpless. I’m suffering from severe mental stress in this condition. We don’t have any relatives for support here and I need to go home urgently.

I have attached all documents along with this request. Please consider this as an emergency and I’m kindly requesting you to arrange the travel arrangements for me along with my family (Husband and 6 years old Daughter)

Name: Dr. Rehma Salam Passport number: L9852189 Iqama Number: 2378156828 Mobile number (KSA): +966 552291831 E-mail ID: [email protected]

Address (KSA):

Al murshid Street, Al Badiah District, Shumaisy, Riyadh

Address (India):

Elayodan House, Cherukode, PO- Chathangotupuram Wandoor via, Malappuram dist Pin- 679328 Phone # (India): +91 9995528655

43

Yours Faithfully,

Name: Dr. Rehma Salam

Signature:

------

Husband Details:

Name: Fayaz Abbas Elayodan Passport number: M7039186 Iqama Number: 2265021861 Mobile number (KSA): +966 551208437 E-mail ID: [email protected]

Signature:

Address (KSA):

Al murshid Street, Al Badiah District, Shumaisy, Riyadh

Address (India):

Elayodan House, Cherukode, PO- Chathangotupuram Wandoor via, Malappuram dist Pin- 679328 Phone # (India): +91 9995528655 ------

Daughter Details:

Name: Zoha Fayaz Elayodan Passport number: T817727 Iqama Number: 2378156836

------

44 24/04/2020 To, Sree S JAISANGAR 45 FOURIN AFFAIRS MINISTER OF INDIA NEW DELHI, INDIA

Sub :Emergency travel arrangements to India

Respected sir,

My name is Jayasree Sivankutty,holder of indian passport number L1489564and iqama number 2380852497working as a staff nurse in king fahad hospital jeddah saudi arabia. currently I am 34weeks pregnant and My family is not around to take care even after my delivery. I am staying in hostel and my colleagues are doing corona duty and the cases are increasing nowadays so they cannot help also. So this is to bring to your notice about my concerns regarding delivery, maternity and baby care as there is no action yet to bring us to our home. How many times contacted with the foreign ministry, indian embassy and chief minister office but they never understand our situation. The current issues includes; 1.I am facing difficulty in going to government hospitals for delivery even though we are nurses under MOH and treatment is free of cost, as all of the government hospitals are corona centres. 2. Private hospitals are expensive and i cannot afford the charges and it cost more than 2 lakhs. 3. Our hospital do not provide us with vehicles for transportation in case of emergency. Authorities told to call red crescent and arrange ambulance to go to any hospital in case of emergency (labour pain) but in this situation we cannot trust the ambulance as they are transferring many covid cases. 4. They do not provide us with a separate room to stay with our babies if i will deliver here. They told to stay with other nurses who are working, most of them are handling query and positive cases of covid. 5. I don't have any one to help me in maternity and baby care. I tried to arrange some ladies but they are demanding huge amount of money approximately 6000 rials. Our salary is below 5000 rials and I dont have enough money to pay them. 6.All the shops closed nowadays so i cannot buy even one dress for my baby 7.Food and water also a problem because we dont have nearby supermarket and there is nobody to carry the things as a help and i am staying in the third floor,no elevator. Even after caeserrian i dont know how i will reach my room. I hope you can understand our situation here and appreciate if you can arrange some help for us in such a bad time...

Thanking you Yours faithfully

Jayasree Sivankutty Puthuparampil (h) Perumpanachy p o Changanacherry Kottayam-686536 Kerala Ph no:919167491562

Present address:Jayasree sivankutty King fahd general hospial Al mustashaf al am Jeddah 23325 Ph no:0551614758 Mail id- [email protected]. 46

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To, sri S Jaisangar Foriegn affairs Minister of India

NewDelhi, India. From, Neethumol Thankachan Modern medical clinic Exit14, Rabwa Riyadh. MADAD Reg number-SB2CPR106001620 Subject: -Emergency travel arragements to india. Respected sir, I am a staff nurse working at Modern Medical Hospital Riyadh Saudi Arabia, I am now seven months (30weeks) pregnant and I have been on leave for four months. My flight ticket was 25.3.2020 but could not go because of Corona. My husband is now on my Visiting Visa with me. We do not have the financial or the circumstances to make the delivery here. There is no one to help me, so my request is to take immediate action and return home. Neethumol Thankachan

Address Modern medical clinic complex exit 14 Riyadh, soudhi arabia. Email [email protected]. Passport number-K3877141, 48 49

To ,

Dr. S JAISANGAR FOREIGN AFFAIRS MINISTER OF INDIA NEWDELHI INDIA

Sub : EMERGENCY TRAVEL ARRANGEMENT TO INDIA

Respected Sir,

I am Selus Sebastian , PP:NO732565, Iqama Number: 2421610219,basically from kerala , working as a staff nurse under Ministry of Health, Al-Jouf, Saudi Arabia since 4 years. I am 7 months carrying now and i have quitted my job in order to reach home for my delivery.My last duty was on 16 April 2020. I had scheduled my return journey on 23rd April but due to the current conditions my flight got cancelled and i am stuck up over here. My contract period is going to finish and I have no one else here to support me during my pregnancy days. I am going through tough times due to this issues .I plead for your support to help me reach back home in kerala for my delivery. Please find below my Personal information for your reference:

Address ( India): Present address ( SAUDI ) Selus Sebastian Selus Sebastian Pathikkattu(H) Staff Nurse Rajapuram(POST) Maternity And Children’s hospital ( MCH ) Idukki -685604 Sakaka -72341 Kerala,India Al- jouf , KSA Phone: +919961965628 Mobile number : +966533619629 E-mail ID : [email protected] E-mail ID : [email protected]

Looking for your kind support in this difficult time of mine.

Yours faithfully

Selus sebastian 50

TO,

SREE.JAYASANGAR

FOREIGN AFFAIRS MINISTER OF INDIA

NEWDELHI, INDIA

SUB: EMERGENCY TRAVEL ARRANGEMENTS TO INDIA.

RESPECTED SIR,

I AM SHILPA PRAMEELA PILLAI (PASSPORT NUMBER: N3311213), WORKING AS STAFF NURSE AT AL NABHANIYAH GENERAL HOSPITAL, AL QASSIM, KINGDOM OF SAUDI ARABIA. (IQAMA NUMBER: 2460465848). I AM PREGNANT NOW AND I WOULD LIKE TO GO TO INDIA FOR MY DELIVERY AND POST-DELIVERY TREATMENT. I AM ALONE AND NOT COMFORTABLE HERE. MY DUE DATE FOR DELIVERY IS IN JUNE FIRST WEEK.

PLEASE DO THE NEEDFUL TO TAKE ME TO MY HOME COUNTRY IMMEDIATELY.

YOURS FAITHFULLY

SHILPA PRAMEELA PILLAI.

FROM,

SHILPA BHAVANAM

EDAKKUNNAM, CHARUMMOODU PO (690505)

ALAPUZHA DISTRICT

KERALA.

CONTACT NUMBER INDIA: +91 9495571529.

CONTACT NUMBER SAUDI ;+966 557156521

MAIL ID : [email protected] ANNEXURE P-2 (26(COLLY) 51

Name :SANISHA THOMAS File.N :23515 Doctor : DR.SUPARNA Date :20/04/2020 Age : 29y Exam :ANC

Single Viable intra uterus fetus BPD. = 75mm. (27weeks) FL. = 59mm. (27weeks) Heart Rate = 142 b/m Placental position = Anterior Aminotic Fluid = Adequate Weight of the fetus = 1150gm Position of the fetus = Cephalic presentation

=.=.=.= .=

52 53