Prachurya Sahu | Symbiosis Law School, Pune | 16th June, 2020
When the COVID-19 was declared as a global pandemic by the World Health Organization, the world leaders were plunged into a frenzy to figure out and employ the most effective solutions to not only adequately respond to such a grave and dangerous disease but also to do so as soon as possible due to its aggressively infectious nature.[1] The urgency and need for regulations implicit in the growing number of cases of COVID-19 were finally addressed as a number of countries across the globe issued lockdown and quarantine orders.[2] In a matter of a couple of weeks, most of the offices, universities and schools have shut down, with people finding online means avenues for everything. From working remotely on a work-from-home basis to enjoying raves using VR headsets[3] , the world population has adapted to life within the four walls of their homes.
In India, initially Prime Minister Modi dabbled in ideas like the “Janata Curfew”, however, with India’s COVID-19 cases increasing exponentially, Mr. Modi, finally announced the imposition of a 21-day lockdown with only four hours to spare for preparation. The measures for implementing the same included the shutting down of all non-essential services and enterprises such as government establishments as well as private businesses, industries, transport services via air, rail and road, hospitality services, institutions of education, places of spiritual or religious worship, political gatherings and more.
In enforcing the lockdown, India used the overarching Articles 256 and 257 of the Indian Constitution as well as took recourse to two other legislations namely the Epidemic Diseases Act, 1897 (EDA) and the Disaster Management Act, 2005 (DMA). Article 256 allows for the Centre to issue directions for the implementation of legislations passed by the Parliament.[4] Furthermore, Article 257 lays down that the executive power of the states should be exercised via means which does not “impede or prejudice” the executive power of the Centre.[5]
The Epidemic Diseases Act, 1897
The Epidemic Diseases Act of 1897 is intended to resolve circumstances when a “state or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease”[6] and the government believes that “the ordinary provisions of the law for the time being in force are insufficient for the purpose”.[7]
In such extenuating circumstances the law further allows the Central Government to take any such measures by public notice to prescribe temporary regulations to be followed by the public which are necessary to prevent the outbreak of such diseases or its spread.[8] This legislation has been used actively to impose restrictions on operation of commercial flights, trains or ships as well as to prevent gatherings beyond a certain number of people.
Furthermore, the Act also provides for enforcing any regulations created pursuant to the provisions of the Act. Section 3 of the EDA stipulates the penalty for defying any guidelines or regulations in accordance to Section 188 of the Indian Penal Code. Section 188 deals with the offence of disobeying directions of a public servant[9] prescribing for simple imprisonment and/or fines in case of conviction.
Disaster Management Act, 2006
Further the Disaster Management Act, 2006 (DMA) comes into the picture after the National Disaster Management Authority deemed the “coronavirus pandemic” within the definition of “disaster”[10] under the meaning of the DMA. Under Section 2(d) of the DMA, a ‘disaster’ has been defined as “a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man-made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.”[11] After such characterization of the pandemic, social distancing guidelines were issued across Indian States with the measures as mentioned above. Various states, in an attempt to enforce the guidelines issued, have also imposed restrictions on gathering of people in accordance to Section 144 of the Criminal Procedure Code.
The Act also provides for a compliance mechanism by way of the Section 51[12] which stipulates an imprisonment term of one year (two years in the event of loss of lives) for persons hindering discharge of functions by any government officer or employee.
In addition to these legislations, several provisions of the Indian Penal Code have been used to enforce the regulations put in place, in order to combat the spread of COVID-19.Section 269-“negligent act likely to spread infection of disease dangerous to life” and Section 270-“malignant act likely to spread infection of disease dangerous to life” of the Indian Penal Code are the requisite laws which are being used in additions to the legislations mentioned.
[1] World Health Organization. Infection prevention and control of epidemic- and pandemic-prone acute respiratory infections in health care. Geneva: World Health Organization; 2014 Available from: https://apps.who.int/iris/bitstream/handle/10665/112656/9789241507134_eng.pdf?sequence=1
[2] Jualian Kaplan, Lauren Frias, Morgan McFall Johnson, A third of the global population is on coronavirus lockdown — here’s our constantly updated list of countries and restrictions, Business Insider India, (12:20 AM 6th June, 2020) https://www.businessinsider.in/international/news/a-third-of-the-global-population-is-on-coronavirus-lockdown-x2014-hereaposs-our-constantly-updated-list-of-countries-and-restrictions/slidelist/75208623.cms
[3] Grant Armour, My Journey Through the Internet’s Cyber Raves Ended in VR Euphoria, vice, (3:30PM 6th June, 2020) https://www.vice.com/en_in/article/8894ng/online-rave-second-life-coronavirus-lockdown
[4] Article 256, The Indian Constitution
[5] Article 257, The Indian Constitution
[6] Section 2A, The Epidemic Diseases Act, 1897
[7] Ibid.
[8] Section 2(1), The Epidemic Diseases Act, 1897
[9] Section 188, The Indian Penal.
[10] Section 2(d), the Disaster Management Act, 2006
[11] Ibid.
[12] Section 51, the Disaster Management Act, 2006
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