As of April 22, 2020, Sikkim does not have any confirmed cases of COVID-19.  As of April 21, 2020, 87 samples have been sent for testing from Sikkim.  Of these, 80 have tested negative for COVID-19, and the results of seven samples are awaited.  The state has announced several policy decisions to prevent the spread of the virus and provide relief for those affected by it.  In this blog post, we summarise some of the key measures taken by the Sikkim state government in this regard as of April 22, 2020.  

Response before national lockdown

On March 16, the state government responded to the growing number of suspected cases in India by notifying certain directions to be applicable till April 15, 2020.  These included: (i) banning the entry of all domestic and foreign tourists in to the state, (ii) closing all educational institutes and anganwadis, (iii) prohibiting the use of recreational facilities such as, casinos, gym, and cinemas, (iii) closing three out of five check posts (border opening) for all visitors in to the state and opening the other two only for medical and police teams, and (iv) banning private industries from getting migrant workers from outside the state and avoiding large concentration of workers at one place.

On March 19, assembly of more than five people was prohibited in the state until April 15, 2020.  The government ordered the suspension of all non-essential work on March 19.  The supply of all essential commodities such as food grains, vegetables, sanitisers and masks was allowed.  Further, the formation of a sub-divisional task force to detect suspected cases was ordered.  

On March 22, the government regulated intra-state movement of private vehicles, two-wheelers and taxis on an odd-even basis (allowing plying of vehicles on alternate days as per the number plate) until April 15, 2020.  The government also reduced the budget session of the state to two days on March 23. 

On March 25, the central government announced on a 21-day country-wide lockdown till April 14.  During the lockdown the state government took various steps for physical containment, health, financial and welfare measures.  These are detailed below.

Measures taken during lockdown

Movement Restrictions

Certain movement restrictions were put across the state.   These include:

  • Movement of vehicles: Inter-state movement of vehicles was restricted to vehicles transporting essential goods.  These vehicles need to have a permanent pass for such movement.  On April 5, intra-state movement of vehicles was restricted to government officials, transportation of essential commodities, banks and PSUs, and media and cable networks.   Their passes are valid only from 8am to 5pm.
     
  • Validity of passes:  The state government noted that a large number of vehicle passes were issued due to various reasons.  On April 14, the government ordered that all passes issued by District Magistrates, and other Departmental Authorities (except those issued by the police, health department and forest and environment department) will be invalid from April 14.  New passes will be issued only by Magistrates and Block Development Officers.  
     
  • Securing borders:  In view of the COVID-19 pandemic and to check unauthorised cross-border infiltration from China, Nepal, and Bhutan, the state government secured all porous borders along the Rangpo river and other vulnerable areas.

Essential Goods and Services

On April 5, the state government issued an order requiring establishments such as shops, hotels, private offices, and commercial establishments to remain closed until April 15.  Establishments which were permitted to remain functional include law enforcement agencies, health services, electricity and water services, petrol pumps, and media.  Shops for PDS, groceries, vegetables, milk and, medicines were only allowed remain open from 9 am to 4 pm.

  • Valid prescription and label required:  On March 25, the state prohibited the sale of hand sanitisers without drug manufacturing licence label.  It also prohibited sale of N95 masks to general public without valid prescription. 
     
  • Transit camps:  On April 17, the state government notified that transit camps (temporary accommodation) will be set up for drivers and helpers of vehicles carrying essential goods.

Health Measures

On March 31, the Sikkim government identified and set up dedicated isolation wards and treatment centres in the STNM hospital, Sochakgang as a precautionary measure.  The government also issued directions for citizens to avoid getting infected by coronavirus.  These included social distancing, and maintaining proper hygiene.  

On April 18, the state government made it mandatory for all the public, students, teachers, and government employees, to install the Aarogya Setu application.  The government of India launched a mobile app called ‘Aarogya Setu’ to enable people to assess the risk of catching COVID-19 on April 2, 2020.   The app uses Bluetooth and Global Positioning System (GPS) based device location for contact tracing in order to prevent the spread of COVID-19. 

Welfare Measures

  • Economic relief package:  On March 27, an economic relief package was announced by the state government.   This included free ration in specific quantities (other than the PDS entitlement) to needy families in rural and urban areas, daily wagers, migrant labourers, casual workers, and stranded people.  Further, the government announced an additional incentive wage of Rs 300/day for tea workers at Temi-tea estate. 
     
  • Food distribution:  On April 16, the government announced that Asha workers will be given Rs 5,000 as honorarium for work done during COVID-19.  Further, it ordered the food and civil supply department to compile a list of all the left out beneficiaries for distribution of food relief packages.
     
  • Relief to stranded patients:  On April 16, the government announced that a financial relief of Rs 30,000 will be provided to each patient undergoing treatment and stranded outside Sikkim from the Chief Minister's relief fund.
     
  • Relief for casual workers:  On March 30, the Sikkim government issued directions to all contractors/ employers to pay migrant and casual labourers on the due date without any deductions due to the lockdown.  The state government also provided grants worth Rs 2,000 to the 7,836 registered building and other construction workers in the state.
     
  • Relief for stranded students:  On March 29, the state announced that it will provide Rs 5,000 to each state student stranded outside Sikkim during the nationwide lockdown.

Certain relaxations after 20th April 

On April 14, the nation-wide lockdown was further extended till May 3, 2020.  On April 15, the Ministry of Home Affairs issued guidelines outlining select activities which will be permitted from April 20 onwards.  These activities include health services, agriculture related activities, certain financial sector activities, operation of Anganwadis, MNREGA works, and cargo movement.  Further, subject to certain conditions, commercial and private establishments, industrial establishments, government offices, and construction activities will also be permitted.  The Sikkim government took the following steps in the same line.

  • On April 19, the state government gave directions to all government and PSU offices to work with up to one-third of their actual staff strength from April 20 onwards. 
     
  • On April 19, the state government gave directions and standard operating procedures to be followed at manufacturing establishments, work spaces and public places post April 20.  These include: (i) no overlapping shifts, (ii) staggered lunch breaks, (iii) training on good hygiene practices, (iv) compulsory wearing of face cover, and (v) sanitising workplaces between shifts. 

For more information on the spread of COVID-19 and the central and state government response to the pandemic, please see here.

There are indications that the Lok Pal Bill, 2011 is likely to be taken up for consideration and passing during the current Winter session of Parliament.  The Bill was introduced on Aug 4, 2011 in the Lok Sabha after a prolonged agitation led by Anna Hazare (see PRS analysis of the Bill).  It was referred to the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (see PRS note on Committee Systems).  The Committee submitted its report on December 9, 2011.  The report includes 10 dissent notes from 17 MPs. (a)    Kirti Azad, Bal Apte, D.B. Chandre Gowda, Harin Pathak, Arjun Ram Meghwal, and Madhusudan Yadav. (b)   Ram Jethmalani (c)    Ram Vilas Paswan (d)   Shailendra Kumar (e)    Prasanta Kumar Majumdar (f)     Pinaki Misra (g)    A. Sampath (h)    S. Semmalai (i)      Meenakshi Natrajan, P.T. Thomas, and Deepa Dasmunshi (j)     Vijay Bahadur Singh Presently, the government and the Opposition are in the process of formulating their stands on various key issues such as inclusion of the Prime Minister, the lower bureaucracy and the role of the Central Investigation Bureau.  We provide a broad overview of the views of the members of the Committee on various key issues. Unanimity on issues On some issues, there was unanimity among the Committee members:

  • Constitutional status for Lokpal.
  • Immunity from prosecution for the MPs for any vote and speech in the House
  • Exclusion of judiciary from the ambit of the Lokpal.
  • Qualification of chairperson and Lok Pal members.
  • Selection process of Lok Pal members.
  • Lokpal should not have the powers to tap phones.

Dissent on issues Certain members of the Committee dissented on specific issues.  In Table 1, we list the issues and the reason for the dissent. Table 1: Recommendation of Standing Committee and dissent by individual MPs

Issues Standing Committee recommendations Points of dissent Dissenting MPs
Inclusion of Prime Minister Committee left the decision to Parliament stating that there are pros and cons to each view. -     PM should be included.  -     PM should be brought under the Lok Pal with some exceptions for national security, foreign policy, atomic energy etc. -     The decision to investigate or prosecute the PM should be taken by the Lok Pal with 3/4th majority. -  Prasanta Kumar Majumdar, A. Sampath.  -  Kirti Azad etc, Shailendra Kumar, Pinaki Misra.      
Grievance redressal mechanism Enact separate law for a grievance redressal mechanism. Include in the Lok Pal Bill. Kirti Azad etc, Ram Jethmalani, Shailendra Kumar.
Inclusion of bureaucracy Include Group B officers in addition to Group A. -     Include all groups of govt employees.  -     Include Group ‘C’. -     Do not include bureaucrats. -     Kirti Azad etc, A. Sampath.  -     Meenakshi Natrajan etc, Shailendra Kumar, Prasanta Kumar. Majumdar, Pinaki Misra, Vijay Bahadur Singh. -     Ram Vilas Paswan.
Lokayukta Single, central law to deal with Lok Pal and state Lokayuktas to ensure uniformity in prosecution of public servants. States should retain power to constitute Lokayuktas. -     S. Semmalai.
Private NGOs, media and corporate Include all entities with specified level of govt control or which receive specified amount of public donations or foreign donations above Rs 10 lakh. No private organsiations should be included. - Kirti Azad etc., Ram Vilas Paswan.
Composition of search and selection committees Selection Committee: In addition to PM and Speaker, it should include the Chief Justice of India, an eminent Indian unanimously nominated by the CAG, CEC and UPSC chairman and only Leader of Opposition of Lok Sabha.  Search Committee: Mandatory to constitute. Minimum 7 members with 50% members from SC/ST, OBC, minorities and women.   Selection Committee: PM, Minister, LoPs of both Houses, two judges and CVC. Search Committee: CJI, CAG, CEC, Cabinet Secretary, judges of Supreme Court and High Courts.  Selection Committee: PM, LoP in the Lok Sabha, one judge of SC and one Chief Justice of a HC, CVC, CEC and CAG. Search Committee: 10 members out of which 5 should be from civil society and 5 should be retired Chief Justice, CVC, CAG and CEC.  Half the members to be from SC/STs, OBCs, minorities or women. -  Kirti Azad etc.  -  Shailendra Kumar.
Removal of Lok Pal In addition to petitioning the President, a citizen should be allowed to approach the Supreme Court directly with a complaint.  If admitted, it would be heard by a 5 judge bench.  If President does not refer a citizen’s petition, he should give reasons. Investigation should be conducted by an independent complaint authority.  Heavy fines should be imposed in case of a false or frivolous complaint. Instead of the President, the Supreme Court should have power to suspend a member pending inquiry.    - Shailendra Kumar.
Role of CVC and CBI CVC should investigate Group C and D employees.  Instead of Lok Pal’s investigation wing, the CBI should investigate cases after inquiry by the Lok Pal.  CBI to have autonomy over its investigation.  Lok Pal shall exercise general supervision over CBI. CBI should be under the control of the Lok Pal.  The CBI Director should be appointed by the Lok Pal’s selection committee. The CVC should be under Lok Pal and the SVCs under the state Lokayuktas. -  Ram Jethmalani, Shailendra Kumar.  -  A. Sampath. -  Meenakshi Natrajan etc.
False and frivolous complaints Term of imprisonment should be maximum six months.  Amount of fine should not exceed Rs 25,000.  Specifically provide for complaints made in good faith in line with the Indian Penal Code. The term of imprisonment should not exceed 30 days. - Kirti Azad etc.
Article 311 Article 311 of the Constitution should be amended or replaced with a statute. The procedure adopted by the disciplinary authority should conform to Article 311. - Kirti Azad etc, Meenakshi Natrajan etc.   
Finance Lok Pal Bill states that all expenses of the Lok Pal shall be charged to the Consolidated Fund of India (no need for Lok Sabha clearance).  The Committee did not make any recommendation with regard to finances of the Lok Pal. Lok Pal’s expenses should be cleared by the Parliament.  Lok Pal should present its budget directly to Parliament rather than through a ministry. -  Kirti Azad etc.  -  Shailendra Kumar.
Sources: The Lok Pal Bill, 2011; the Department Related Standing Committee Report on the Lok Pal Bill, 2011 and PRS.