Some Legal point of views looking at COVID’19
Some Legal point of views looking at COVID’19
- Dr. Kalpeshkumar L Gupta
As we all witnessing deadly effect of Corona Virus Disease popularly known as COVID’19 and several measures are being taken by the Central and State Governments. CrPC 1973, IPC 1860, State Police Act, Epidemic Diseases Act, 1897 and finally today Disaster Management Act, 2005 has been implemented looking at gravity of the situation. Measures of Lockdown followed by Curfew have been implemented in entire country as there is no proper support from citizen in terms of no public gathering, unnecessary movement.
Many people came to know about the Epidemic Act for the first time including me. I never heard of this act and this will be true for my friends from legal fraternity. This law was enacted to tackle Plague in Bombay having only four sections and it is pertinent to note that Epidemic has not been defined under the act. This law mainly empowers Govt. to take necessary measures. Many archaic laws have been repealed because it were obsolete in nature. Fortunately this old law is being implemented to deal with COVID’19. Ministry of Health & Family Welfare, Govt. of India come up with Draft on Public Health (Prevention, Control and Management of Epidemics, Bio-terrorism and Disasters) Bill, 2017 but not very well taken forward by states.
Some people are surprised on Government’s decision on invoking DM Act mainly Offences and Penalties (Chapter X) part which will help to prevent unnecessary movement of public as it is the main cause of spreading the disease. Looking at present situation only Section 51 of the act is relevant which provides for 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 authorized 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 the knowledge of common citizen Disaster has been defined under
Section 2(d) “Disaster”
Disaster means 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;
Section 2(e) Disaster Management
“disaster management”
means a continuous and integrated process of planning, organizing, coordinating and implementing measures which are necessary or expedient for—
(i) prevention of danger or threat of any disaster;
(ii) mitigation or reduction of risk of any disaster or its severity or consequences;
(iii) capacity-building;
(iv) preparedness to deal with any disaster;
(v) prompt response to any threatening disaster situation or disaster; (vi) assessing the severity or magnitude of effects of any disaster;
(vii) evacuation, rescue and relief;
(viii) rehabilitation and reconstruction;
DMA Act provides to establish National Disaster Management Authority, Advisory Committee, National Executive Committee, State Disaster Management Authority, State Executive Committee, District Disaster Management Authority, National Institute of Disaster Management, National Disaster Response Force, Disaster Response & Mitigation Fund.
We all have seen that none of the country is prepared to deal with present Pandemic. Developed countries are struggling to fight, forget about the developing and underdeveloped countries. India is also not prepared to deal with this disease in another words likely disaster. (Section (2(m) of DM Act defines “preparedness” which means the state of readiness to deal with a threatening disaster situation or disaster and effect thereof). COVID’19 is spreading in India rapidly and more than 500+ cases found positive which is of grave concern. Several measures are being taken like invoking various laws and provisions. Medical community are making all effort to deal with this disease. Police personnel are vigilant to implement the laws and directions issued by the government.
Looking at present situation, it can be said that there is a urgent need of robust Public Health Law which will help to deal with this kind of pandemic. For the time being resent Epidemic Act should be repealed as it is not much useful and an explanation to be put in DM Act i.e. disaster include epidemic, pandemic. Special Cell for Epidemic, Pandemic to be created in National Disaster Response Force.
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