The Author, Arpit Richhariya is a 3rd year law student of Dr. Ram Manohar Lohiya National Law University, Lucknow. He has keen interest in pursuing legal research on Constitutional Law and Public Policy.
The role of various existing legislative frameworks in combating against Corona has been indispensible, from ceasing the spread to punishing the offender. The Government is taking numerous measures to stop the spread of the virus. The Nation Wide Lockdown is one of them and might be the most crucial one. The government is taking help of various legislations to enforce the lockdown effectively and boot out the virus.
Source of the Nation-Wide Lockdown
The Government of India declared COVID-19 as a notified disaster to make it fall under Disaster management act of 200. Section 3(1)(a)[i] of the act declares Prime Minister to be ex-officio chairperson of the National Disaster Management Authority. Hon’ble Prime Minister Shri Narendra Modi, in his capacity of being ex-officio chairperson of NDMA declared the nation-wide lockdown. Section 6(1)[ii] empowers the National Authority to lay down the policies, plans and guidelines for ensuring timely and effective response to disaster. The Nation-wide Lockdown was one of such measures taken by the NDMA on aid and advise of National Executive Committee under Section 10(1)[iii].
Role of Various Legislation in fighting COVID-19
Disaster Management Act of 2005
This act deals with effective management of disasters and matters incidental thereto. Section 35 empowers the central government to take all such measures that it find necessary to control the disaster. It sets up the working domain of central government in order to combat the disaster. The government has passed numerous orders to stop the spread of virus in the country, deriving power from this section. It allows the government to support or aid other countries also if it is capable of doing so. The central government has extended its support to many countries in need in whatsoever way possible. The government has exported the drug hydroxychloroquine, which debatably helps in fighting corona to 55 corona hit countries in the world including USA, Mauritius, France and Netherlands. Earlier the government categorised it as H1 drugs to the Drug and Cosmetic Rules, 1945 and also stopped its export for sometime but later opened it.
The State government to need to follow the guidelines laid down by the NDMA.[iv] The district administration can also take actions to fight the disaster.[v] Section 46 authorizes the district administration headed by district magistrate to lay down guideline for controlling the disaster in the district. Various district magistrates have imposed curfew and many other rules in their districts deriving power from this.
National disaster response force need to constituted in order to aid and fight against the disaster.[vi] The force is actively working to help the government way out of this mishap. Section 46 mandates allocation of funds to National Disaster Response Fund after notification in the official gazette of India. The Fund shall be made available to the National Executive Committee to fulfill the expenses for rehabilitation, emergency response, relief and to fight the situation in consultation with the National Disaster management Authority. In the very similar way Section 48 constitutes state and district level disaster mitigation funds and disaster response funds. The Centre has released 11092 crore to 28 states as first installment of Central share from the state disaster response fund, with Maharashtra getting highest of 1611 Crores and Goa getting the least 6 Crores. The government is using the same in procurement of provisions or materials or for the immediate application of resources are necessary for rescue or relief with waiving off the procedure requiring invitation of tender and a certificate about utiliastion of provisions or materials by the controlling officer authorised by the National Authority, State Authority or District Authority shall be deemed to be a valid document or voucher for the purpose of accounting of emergency, procurement of such provisions or materials.[vii]
Section 51 deals with unreasonable obstruction of officers discharging their functions and non compliance of directions given by the government. In prescribes punishment extendable up to 2 years with or without fine. Sec 52 punishes the person who knowingly or with the reason to believe it to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the government shall, on conviction be punishable with imprisonment for a term which may extend to two years and also with fine. Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punished with imprisonment which may extend to one year or with fine under section 54.
Section 188 prescribes punishment for disobeying the orders promulgated by a public servant. Section 21 of IPC defines Public servant as very officer of the government whose duty is to prevent commission of offense or protect public health or convenience. It provides punishment of simple imprisonment extendable up to duration of 1 month or fine up to Rs. 200 or both, if the disobedience tends to cause obstruction or annoyance or injury to the person legally employed. Further it provides punishment up to 6 months and fine up to Rs. 1000 or both when the disobedience causes danger to human life, health, safety or causes affray or causes riots.In Maharashtra itself 60,005 cases have been registered under this offense till from 22nd march to 21st april 2020, 4 PM.
Section 269 provides for punishment with imprisonment of either description for a term which may extendable up to six months or with fine or with both to the person who unlawfully or negligently does any act which he knows or has reason to believe to be is likely to spread the infection of any disease dangerous. Whoever malignantly does any act which he knows or has toreason believe to be, likely to spread the infection of any disease dangerous to life shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both under section 270. Section 271 provides for 6 months of imprisonment with or without fine for violators of quarantine.
The spread of bubonic plague in the state of Bombay forced the British Indian Government to legislate for such diseases. The Central government’s power is very limited under this but it gives immense power to the government of various states.
Section 2 of the Act authorises the State Governments to take special measures and prescribe special regulations and guidelines during the outbreak of an epidemic disease. It states that if the State Government feels that other already existing acts are insufficient for the said purpose, it may take those special measures by way of a public notice to prescribe temporary guidelines and regulations for the public/class of persons to observe. Section 2A of the Act authorises the Central Government to take special measures and pass regulations for the inspection of any ship arriving or leaving the territory of India and for detention of any person intending to sail if the Central Government is satisfied any part of India or the whole India is threatened with an outbreak of any dangerous epidemic disease and the ordinary statutes in force will be insufficient to take an handle the situation. Section 3 of the act imposes the penalty on, the violators of such temporary rules made by the Epidemic Diseases Act of 1897, as per the section 188 of the Indian penal code of 1860. Section 4 of the act provides protection to the persons acting in good faith.
Ordinance to amend Epidemic Disease Act of 1897
The Promulgation of Ordinance to amend Epidemic Disease Act of 1897 was approved by the President of India on 23rd of April 22, 2020 in order to provide harsh punishment to attackers of healthcare workers. It proposes that the investigation of crimes against healthcare workers need to winded up in a month and trial should be finished in a year. The punishment shall range from 3 months to 5 years imprisonment and fine shall range from 50,000 to 200,000. If the injuries are of grave nature, the punishment may extend up to 7 years imprisonment. The offense will be categorized to be cognizable and non-bailable. It will also be containing provisions for personal loss and damages sustained to the properties of healthcare workers.
The Government has notified an order to declare hand sanitizer, N95 mask, 2ply and 3 ply surgical masks as essential commodities up to 30th June by amending the schedule of Essential Commodities act of 1955. It has also issued advisory under metrology act. It has also asked the states to decide the MRP of the said things under LM Act. An offender under EC act may punished for up to 7 years. The decision would empower the government to regulate the production and pricing of these and would help the government to carry out operations against speculators and those involved in black marketing.
Aircraft Public Health Rules, 1954
Centre can appoint health officer under Rule 2(8) for airports. The rule 30(2) provides that, the Aircraft shall be considered to be infectious when any person in it has been infected or has been exposed to that disease for a particular period of time. The health officer appointed by government in that case can inspect citizens arriving from abroad at the airports as per rule 31. They can be also being subjected to medical examination as per rule 31.
Conclusion
Although India has wide range of regulatory frameworks to deal with this catastrophe but their efficiency is still debatable. The society has changed a lot with the time and so the legislations need to be. Some legislation like Disaster management act is more practical and relatable to the current situation, on the other hand the legislations like Indian Penal Code and Epidemic Disease Act seems to be too old to handle the epidemic in 21st century. The Section 188 of IPC, which punishes the disobey the orders under epidemic disease act, provides fine up to Rs. 1000 and imprisonment extendable up to 6 months, even when the it endangers the human lives. The Punishment prescribed is also very less considering the fact that the act to be dangerous to human lives. The President on 23rd April approved promulgation of ordinance to provide severe punishment to the ones attacking healthcare workers.
The earlier decision of government, declaring hand sanitizer, N95 mask, 2ply and 3 ply surgical masks as essential commodities as to empower the central and state governments to regulate production, prices, sale, distribution and storage, also is very commendable as it increased the availability of these equipments drastically. The government also imposed Aircraft (Public Health) rules of 1954 to inspect and examine the international passenger at the entrance of the airports, which in my opinion was a bit late as the international passengers were the reason for entry of the virus in India. Many researches showed that if it would have done a week or two before, the situation could have been far better than what it is now. Disaster management act of 2005 has played very crucial role in handling the attack of COVID 19 as it is the source of power of nationwide lockdown. Lockdown was imposed by Prime minister deriving power from this only.
The National and state level disaster response funds constituted by this have also helped the government economically fight the catastrophe as a huge sum of money has been disbursed from it to states and Union Territories for procurement of material and various other things. It also stopped the people spreading fake news of the virus and its treatment.
The Indian Penal code has also played important role in penalizing the violators. Although it’s a 160 years old act but it specifically provides the punishment for person negligently or malignantly spreading the disease.
So looking at all the legislative aspect as a whole, the government is trying to mould them as per the need of the hour with some positive ordinances and amendments to the already existing regulatory frameworks and acts. Government is doing what it should, now its turn of the citizens to follow the rules and guideline. Together we can beat this Virus.
References:
[i] Section 3(1)(a), Disaster Management Act.
[ii] Section 6(1), Disaster Management Act.
[iii]Section 10(1), Disaster Management Act.
[iv]Section 38, Disaster Management Act.
[v] Section 46(2), Disaster Management Act.
[vi] Section 44, Disaster Management Act
[vii]Section 50, Disaster Management Act.
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