A petitioner has approached the Madras High Court seeking cancellation of this year’s edition of the Indian Premier League (IPL), citing the grave risks associated with holding the event amid the COVID-19 (coronavirus) outbreak.
In his plea, the petitioner states, “I submit that I am filing this Public Interest Litigation for the benefit of the people and I do not have any personal interest or agenda against the Respondents or any person concerned with the Respondents.”
Quoting history, he says the country has a poor track record in containing and controlling the spread of epidemic disease right from independence. “One of the worst SmallPox epidemics of 20'th century occurred in India between January and May 1974. India reported 61,482 cases of Smallpox out of which 15000 people contracted were dead.”
G Alex Benziger, the petitioner, who is a practicing advocate himself, is based in Chennai. His plea mentions 12 respondents in order starting with the Government of India, Government of Tamil Nadu, the Board of Control for Cricket in India (BCCI), and the eight IPL teams namely Chennai Super Kings, Delhi Capitals, Kings XI Punjab, Kolkata Knight Riders, Mumbai Indians, Rajasthan Royals, Royal Challengers Bangalore and Sunrisers Hyderabad.
On May 24, 2009, swine flu symptoms were found and 10,193 cases confirmed with 1,035 deaths. Most recently in 2018, the Nipah virus outbreak claimed 19 lives, Alex says in his petition. “I submit that in the list of 169 countries of healthiest Nations, Spain had been given top billing, followed by Italy and India stands at 120'th place.”
Coming to the present coronavirus outbreak, he states that ever since the first case was detected in Wuhan, China on 31.12.2019, the disease has spread to the whole world with total cases at 1,22,042 of which 3,497 have died. Further, there are 80,651 cases in China alone resulting in 3,070 deaths, he adds.
On 30.01.2020, the World Health Organisation (WHO) declared the outbreak a "Public Health Emergency of International Concern (PHEIC),” he states.
The Tokyo Olympic Organising Committee which is hosting the Olympics and Paralympic Games 2020 from July 24 to August 9 has already announced that they are willing to postpone the games until December 2020 due to the outbreak, he says.
Listing out various other sporting events that were either cancelled or postponed due to the coronavirus, he elaborates: The world Athletic Indoor Championships scheduled in Nanjing from March 13 to 15 were postponed until next year; Asian Athletic Championship cancelled its Indoor Championship which was supposed to be held in the month of February 12 - 13; Formula One- The China grand Prix in Shanghai from 19th April has been postponed; International Tennis Federation moved the federation cup Asia/Oceania group to Nor –Sultan in Kazakhstan; Indian archery Association of India has withdrawn its team from upcoming Asia Cup from Bangkok; FIFA has already announced that all the matches involving China will be played behind closed doors.
He goes on to state that while the average attendance of fans for the IPL T20 matches from the year 2008 to 2019 is not less than 30,000 per match, in some of the biggest stadiums like Eden Gardens at Kolkata or the Wankhede Stadium at Mumbai, it can go up to 50,000.
All the IPL teams are allowed to buy 7 foreign players in the squad and most of the support staff include Head Coach, Assistant Coach, Batting, Bowling and Fielding Coaches and Physiotherapist, Assistant Physiotherapist, Masseur and other Technical Assistants, also from foreign countries. With most of the players and support staff of the foreign countries bringing their families along with them, this poses a great risk to their safety as well as to the group, he says. The game of cricket is seen as particularly vulnerable, given it brings large crowds together in a confined place, the petitioner states, adding, “I submit that IPL has an added complication as it is globally profiled with players, support staff and vast Administrative and Broad casting service being drawn from across the world.”
Submitting that the preservation of human life is of paramount importance, the petitioner says, “The Hon'ble Supreme Court held that Article 21 of Constitution of India guarantee that the right to health is integral to the right to Life.” Right to Health is an integral right to life and the Government of India has a constitutional obligation to provide the same, he notes.
He submits that he has already given representation on 06.03.2020 through mail as well as registered post to the Government (Govt.) of India and the BCCI to postpone the Indian Premier League 2020. However, in view of the fact that the BCCI is planning to conduct the matches as per schedule in concurrence with the guidelines issued by the Govt. of India, despite the government having advised all states to avoid or postpone mass gatherings till COVID-19 is contained, this is causing confusing in the minds of the public, he adds. Hence, the inaction of the Govt. of India with regard to conduct of matches by the BCCI has made me approach the High Court for relief, the petitioner says.
“I am approaching this Hon'ble High Court of Madras under Article 226 of the Constitution of India for a writ of Mandamus, or any other writ order or forbearing the 1st Respondent from allowing the 3rd Respondent from conducting T20 Indian Premier League Matches from 29th March, 2020 to 24th May, 2020,” he states.