The court underscored that Article 17 was written into the Indian Constitution with the hope that the practice of untouchability in general and manual scavenging, in particular, would not continue in a free and independent India.
The Bench, headed by Chief Justice SA Bobde, cleared that there is no problem if the Tamil Nadu government takes over the plant, but it would be required to produce the oxygen that it can during these trying times when the whole country is gasping for oxygen.
The Court said that the reasons assigned by the respondent, which in its opinion do not encourage a door-to-door vaccination of the elderly and disabled citizens.
According to Solicitor General Tushar Mehta, the country is in dire need of oxygen. Vedanta wants to make its plant operational but it should be allowed operational to produce only oxygen for health purposes.
The application further stated that the High Courts appear to be best suited to deal with the situation, while seeking direction to allow the High Courts to continue dealing with the present issue.
The relief has been sought in the wake of the COVID-19 pandemic and the ensuing declaration of national lockdown leading to acute hunger, distress and the denial of right to food
In initial discussions, Solicitor General Tushar Mehta informed the Chief Justice that Delhi and some other courts have taken suo motu cognisance, but there is a person, Mr Malhotra, who made an application regarding the suo motu case.