Laws to fight Covid 19 pandemic and allied problems
Indian Laws and rules to fight Corona Virus
The whole world is facing the biggest challenge against all humanity- “the deadly coronavirus”.
No nation was prepared to face this disease. The whole situation is totally unpredictable and now seeming uncontrollable as well. The world has come up with the solution for prevention in terms of Lockdown and social distancing.
India had been fortunate enough to have a certain amount of time to analyse the situation and enforce prompt and early lockdown. Our real challenge was not the number of cases, but to assure the safeguarding of 135 crore people in the near future.
Our decision of an early lockdown was much appreciated by the whole world. Enforcement of the world’s biggest lockdown is not an easy task. India being a developing country with a low level of education & awareness, the enforcement of lockdown is one of its biggest hurdles. Our administration, police & medical agencies all had to enforce it successfully; because we are not in a position to afford an outbreak of this novel coronavirus pandemic. As time passes we came across some related problems also. These are very shocking and much more challenging than the prevention of contamination.
- Disobedience of lockdown by the general public for trivial issues
- Disobedience of social distancing
- Rumours about the spread of infection
- Attacks on medical staff
- Attacks on police personnel trying to enforce lockdown.
- Migration of migrant labourers
- Food and shelter issue for migrant labour due to loss of jobs.
Main laws of India in the fight against coronavirus are-
- The Disaster Management Act, 2005 -
The Disaster Management Act contains 79 Sections. Chapter X, Section 51 to 60, of the Disaster to Management Act deals with the offences and penalties under the Act.
We all have heard that police is strictly making people follow the directions of lockdown also in case of disobedience police is taking strict action. Sec.51 to 60 of this Act deals with such issues.
Sec.51. States Punishment for obstruction, etc.—Whoever, without reasonable cause—
(a) obstructs any officer or employee of the Central Government or the State Government, or a person authorised by the National Authority or State Authority or District Authority in the discharge of his functions under this Act; or
(b) refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this Act,
shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years.
For example, if any person disobeys curfew or lockdown rules, the police can take action against him under sec. 51 of the said Act that means if we are roaming without reasonable cause during lockdown we can be held liable for punishment up to one year.
And in case we have been kept under quarantine as a suspect or confirmed case of Covid19 and we are not following guidelines we can be held liable for punishment up to 2 years and fine or both.
Sec.52. Punishment for false claim.—Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the Central Government, the State Government, the National Authority, the State Authority or the District Authority, shall, on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.
This section is to hold liable the people who are falsely claiming benefits or taking benefits of schemes for a labourer or for particular groups without being a member of that group.
Sec.53. Punishment for misappropriation of money or materials, etc.—Whoever, being entrusted with any money or materials, or otherwise being, in the custody of, or dominion over, any money or goods, meant for providing relief in any threatening disaster situation or disaster, misappropriates or appropriates for his own use or disposes of such money or materials or any part thereof or wilfully compels any other person so to do, shall on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.
54. Punishment for false warning.—Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine.
For this, we must be aware that in such a critical situation our one rumour can result in loss of many lives and thus is a punishable offence under sec.53. So stay away from rumours.
2. Epidemic Act 1897
This act provides for prevention of the spread of “dangerous epidemic diseases,” The Act was formulated pre-independence mainly to control plague in the late 1800s.
Section 2 of the Act states: “When at any time the State Government (now Centre) is satisfied that the State or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the State Government, if it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as it shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.”
This section includes special measures to be taken by the Centre to prescribe regulations as to dangerous epidemic disease. It also includes the detention of people or any vessel that come from international shores and are seen potent to spread epidemic in the country.
By invoking this section the home ministry has prohibited cruise ships, crew, or passengers from coronavirus-hit nations to come to India.
Section 3 of the Act states: "Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code (45 of 1860).
Section 188IPC
This sec is used to charge people who are disobeying lockdown.
Section 188 of the Indian Penal code prescribes punishment for disobeying an order promulgated by the public servant.
Further, this section prescribes two different punishments based on the gravity of the disobedience.
The first part deals with disobedience caused to or tend to cause obstruction or injury to any lawfully employed, then the quantum of punishment shall be simple imprisonment with a term extendable up to 1 month or a fine of an amount up to 200 rupees or both.
The second part of the section 188 IPC deals with the kind of disobedience that is most likely to place during these times i.e, disobedience which causes danger to human life, health or safety or causes or tends to cause riots or affably will be punished with an imprisonment term up to 6months or a fine up to 1000 rupees or both.
The offence under Section 188 is cognisable and bailable.
3. National Security Act,1980.
The National Security Act (NSA), or RASUKA came into existence on 23 September 1980, during the Indira Gandhi government.
This law empowers the state and central government to detain a person who has become or seems to be a threat to national security. Under the NSA, the government can keep a suspect in jail for 12 months without any charge.
· If a person, disobeys the rule of law, harms the Indian relations with other countries of the world, disrupt the maintenance or supply of public services, attack police personnel on duty and creates the threat to the national security; can be arrested by the concerned government under this act.
· Under NSA, the concerned officer has the power to keep the suspect in captivity for 5 days without assigning any reason while in special circumstances this period can be up to 10 to 12 days. After this, the officer needs the permission of the state government for further detention.
Criticism against National Security Act:
- Under the NSA, a person can be arrested without informing him about the reasons for his arrest for up to five days, and in exceptional circumstances up to ten days. Even when providing the grounds for arrest, the government can withhold information which it considers to be against the public interest to disclose. Thus it is an exception to general rules of Cr.P.C. (Sec.56 & 76) and Art. 22 of the Constitution.
- Under the NSA, the arrested person is not entitled to the aid of any legal practitioner in any matter connected with the proceedings before an advisory board, which is constituted by the government for dealing with NSA cases.
- Whereas Article 22(1) of the Constitution says an arrested person cannot be denied the right to consult and to be defended by, a legal practitioner of his choice.
- By the above provisions, we can conclude that this Act gives the administration immense power which can be misused.
4.The Epidemic Diseases (Amendment) Ordinance, 2020.
On in one hand the wide spreading deadly corona virus and on the other hand the hurdles in implementation of lockdown in populous India.
The Administration and police needed well established laws.The law with provisions not only for prevention of disease but also for the safeguarding of our officials medical personnel and all corona worriers who act under the provisions of law to contain the outbreak.
The Union Cabinet on 22nd April has approved an ordinance to amend the Epidemic Diseases Act,1897 to make violence and harassment against healthcare service personnel deployed in combating Covid-19 a non-bailable offence.
- Physical attacks on doctors, nurses and other healthcare workers made a non-bailable offence punishable by up to seven year imprisonment.
- The ordinance protects all health workers, including doctors, nurses, paramedics and ASHA workers, across India.
- Investigation into such cases are to be completed within 30 days of reporting and a decision to be taken within a year.
- The ordinance also provides compensation in case of damage to property amounting to double of its market value.
This ordinance was the need of hour to protect and support our corona worriers. Without a secure and safe environment of work we cannot expect them to serve the nation in fight against Covid-19 and treat the patients endangering their own life.
This crisis of Corona Virus is not a battle of administration against disease, in fact this is the battle of everyone and can be won by collective efforts of all. No nation can win this fight without the support of its fellow citizens.
In crisis like Pandemic Covid-19 it is not just our right to be informed and aware but it’s our duty to be informed and updated; in such circumstances awareness is the equivalent important tool to fight.
Stay Aware ! Stay home! Stay safe!
<a href="https://www.freepik.com/photos/people">People photo created by freestockcenter - www.freepik.com</a>
Sec.51. States Punishment for obstruction, etc.—Whoever, without reasonable cause—
(b) refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this Act,
shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years.
Sec.52. Punishment for false claim.—Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the Central Government, the State Government, the National Authority, the State Authority or the District Authority, shall, on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.
Sec.53. Punishment for misappropriation of money or materials, etc.—Whoever, being entrusted with any money or materials, or otherwise being, in the custody of, or dominion over, any money or goods, meant for providing relief in any threatening disaster situation or disaster, misappropriates or appropriates for his own use or disposes of such money or materials or any part thereof or wilfully compels any other person so to do, shall on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.
54. Punishment for false warning.—Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine.
2. Epidemic Act 1897
This act provides for prevention of the spread of “dangerous epidemic diseases,” The Act was formulated pre-independence mainly to control plague in the late 1800s.
The provisions of this Act empowers the government to imprison the people or fine them for violating rules and regulations that will be set to contain the outbreak.
Section 2 of the Act states: “When at any time the State Government (now Centre) is satisfied that the State or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the State Government, if it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as it shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.”
This section includes special measures to be taken by the Centre to prescribe regulations as to dangerous epidemic disease. It also includes the detention of people or any vessel that come from international shores and are seen potent to spread epidemic in the country.
By invoking this section the home ministry has prohibited cruise ships, crew, or passengers from coronavirus-hit nations to come to India.
Section 3 of the Act states: "Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code (45 of 1860).
Section 188IPC
This sec is used to charge people who are disobeying lockdown.
Section 188 of the Indian Penal code prescribes punishment for disobeying an order promulgated by the public servant.
Further, this section prescribes two different punishments based on the gravity of the disobedience.
The first part deals with disobedience caused to or tend to cause obstruction or injury to any lawfully employed, then the quantum of punishment shall be simple imprisonment with a term extendable up to 1 month or a fine of an amount up to 200 rupees or both.
The second part of the section 188 IPC deals with the kind of disobedience that is most likely to place during these times i.e, disobedience which causes danger to human life, health or safety or causes or tends to cause riots or affably will be punished with an imprisonment term up to 6months or a fine up to 1000 rupees or both.
The offence under Section 188 is cognisable and bailable.
3. National Security Act,1980.
The National Security Act (NSA), or RASUKA came into existence on 23 September 1980, during the Indira Gandhi government.
Recently, Madhya Pradesh and Uttar Pradesh have registered FIR under this act against some anti-social elements.
· If a person, disobeys the rule of law, harms the Indian relations with other countries of the world, disrupt the maintenance or supply of public services, attack police personnel on duty and creates the threat to the national security; can be arrested by the concerned government under this act.
· Under NSA, the concerned officer has the power to keep the suspect in captivity for 5 days without assigning any reason while in special circumstances this period can be up to 10 to 12 days. After this, the officer needs the permission of the state government for further detention.
Criticism against National Security Act:
- Under the NSA, a person can be arrested without informing him about the reasons for his arrest for up to five days, and in exceptional circumstances up to ten days. Even when providing the grounds for arrest, the government can withhold information which it considers to be against the public interest to disclose. Thus it is an exception to general rules of Cr.P.C. (Sec.56 & 76) and Art. 22 of the Constitution.
- Under the NSA, the arrested person is not entitled to the aid of any legal practitioner in any matter connected with the proceedings before an advisory board, which is constituted by the government for dealing with NSA cases.
- Whereas Article 22(1) of the Constitution says an arrested person cannot be denied the right to consult and to be defended by, a legal practitioner of his choice.
- By the above provisions, we can conclude that this Act gives the administration immense power which can be misused.
4.The Epidemic Diseases (Amendment) Ordinance, 2020.
On in one hand the wide spreading deadly corona virus and on the other hand the hurdles in implementation of lockdown in populous India.
The Administration and police needed well established laws.The law with provisions not only for prevention of disease but also for the safeguarding of our officials medical personnel and all corona worriers who act under the provisions of law to contain the outbreak.
The Union Cabinet on 22nd April has approved an ordinance to amend the Epidemic Diseases Act,1897 to make violence and harassment against healthcare service personnel deployed in combating Covid-19 a non-bailable offence.
- Physical attacks on doctors, nurses and other healthcare workers made a non-bailable offence punishable by up to seven year imprisonment.
- The ordinance protects all health workers, including doctors, nurses, paramedics and ASHA workers, across India.
- Investigation into such cases are to be completed within 30 days of reporting and a decision to be taken within a year.
- The ordinance also provides compensation in case of damage to property amounting to double of its market value.
This ordinance was the need of hour to protect and support our corona worriers. Without a secure and safe environment of work we cannot expect them to serve the nation in fight against Covid-19 and treat the patients endangering their own life.
This crisis of Corona Virus is not a battle of administration against disease, in fact this is the battle of everyone and can be won by collective efforts of all. No nation can win this fight without the support of its fellow citizens.
This crisis of Corona Virus is not a battle of administration against disease, in fact this is the battle of everyone and can be won by collective efforts of all. No nation can win this fight without the support of its fellow citizens.
In crisis like Pandemic Covid-19 it is not just our right to be informed and aware but it’s our duty to be informed and updated; in such circumstances awareness is the equivalent important tool to fight.
Stay Aware ! Stay home! Stay safe!
<a href="https://www.freepik.com/photos/people">People photo created by freestockcenter - www.freepik.com</a>
Comments
Very nice article
Wishing u all the success n would like to read more n more...
When world is at halt n things going around need of this information will help many of us in many ways ...
Keep up dating ....
Thankyou 😊
Congratulations on your first blog!
U have managed to encapsulate all the relevant laws and it's section in a very controlled and precise manner
Love reading yr blogs n share them...😊
Keeps us update ... 👍
Thankyou so much n best regards 😊