Abstract

In response to the corona virus pandemic, countries all around the world introduced temporary lockdown; India was not an exception. India introduced a temporary restriction on the exportation of medical goods, foodstuffs and some essential goods in order to mitigate the domestic shortage. India has been a member of the WTO agreement and GATT and is subject to certain rules and regulations. The Director-General of Foreign Trade (DGFT) on February 25, through notification, imposed a prohibition on the exportation of personal protective kit, every kind of clothing masks, N95 masks, other medical equipment, foodstuffs and hydroxychloroquine. Article XI (1) of the General Agreement of Trade and Tariff 1994(GATT) prohibits export bans and restrictions other than duties, taxes, or other charges. This short article examines and analyzes the trade restrictions which were introduced by India from in WTO perspective. Article XI (2) of GATT is the general exception of the general rule of XI (1); it allows member countries to impose trade restrictions to revive or relieve the critical shortage of essential staff at the domestic level, other than that Article XX (b) and XX (j) also allow member countries to take necessary steps to protect human life, animal life and take necessary steps to prevent the short supply of essential products in the local market. Article XX (I) also lays down provision in the relevance of trade restrictions, when short supply arise or when the price of the material is below the world price. This short article explains how India may justify its decision on the said ground with relevant case laws.

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