Coronavirus Pandemic and its control: Know the Indian laws involved

In India, Coronavirus or Covid19 is at the 2nd stage, and in order to avoid reaching the 3rd stage (like in China and Italy) and flatten the curve instead, the country has taken several precautionary measures - one of them being the entire country on lockdown for a period of 21 days, to curb the transmission of this unfortunate pandemic. Impositions of any restrictions upon the people of the country stem from certain laws prevalent in the system. Read on to understand the several laws involved in times of such pandemics/epidemics, which have been invoked in the current Covid19 situation as well.
 

1. Epidemic Diseases Act, 1897:

This antique law was introduced by the British to combat the Bubonic Plague that devastated life in Bombay in the year 1896. The 123-year-old Act is now routinely enforced in order to contain the spread of diseases such as cholera, swine flu, dengue, etc. This Act has a total number of four sections and is invoked when the government is of the view that the ordinary provisions of law already in force are not sufficient in order to manage and contain the epidemic. However, the said Act has been criticized for lack of appropriate provisions and has been termed as draconian. The State Governments are given powers under this Act allowing them to take measures to contain the spread of diseases. Such special measures include inspecting travelers, screening vessels, setting up of special wards for people affected by the disease, etc. Section 2 of the Act empowers State governments and Union Territories to take special actions and make rules and regulations to curb an outbreak. This Section reads as: Section (2): When at any time the state government 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. In particular and without prejudice to the generality of the foregoing provisions, the state government may take measures and prescribe regulations for the inspection of persons traveling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease. According to Section 3 of the Act, if any individual disobeys any regulation or order made under this Act, he/she will be deemed to have committed an offense punishable under Section 188 of the Indian Penal Code (explained below).
 

2. Disaster Management Act 2005:

As the name suggests, the object and purpose of the Disaster Management Act are to manage disasters, including preparing mitigating strategies, building capacity, etc. Considering the fact that a disaster is usually associated with (and even defined in the Act as) a natural calamity or mishap or a catastrophe, (like an earthquake or a cyclone) the Central Government has included the Novel Coronavirus as a & lsquo Notified Disaster' as a & lsquo critical medical condition or pandemic situation.' This Act allows the governments to get access to appropriate funds in order to provide adequate and immediate relief to victims of a disaster. The three funds are National Disaster Response Fund, the State Disaster Response Fund, and the District Disaster Response Fund. These funds are utilized by the respective governments for emergency responses, relief, and rehabilitation. The law also details the constitution of authorities of administrative nature such as the National Disaster Management Authority, its powers, and the measures that are required to be taken in a situation of disaster. During the current distressing times of the COVID19 pandemic, the provisions of the Disaster Management Act have been invoked as extraordinary measures to mitigate and control the loss of lives. The State Disaster Response Fund is being specially used for setting up facilities for quarantine, additional labs, procuring thermal scanners, ventilators, purifiers, consumables, personal protective equipment for healthcare workers, etc. These are also being used to cover costs for sample collections, screenings, and tracing of persons who tested positive for Coronavirus.
 

3. Indian Penal Code, 1860:

To curb the spread of this deadly disease, several sections of the Indian Penal Code, 1860 are being and will be invoked as and when necessary.

A. Section 188

As per Section 3 of the Epidemic Diseases Act 1987, any violation of any order or regulation that is imposed under this Act will be deemed to be an offense under S. 188 of the Indian Penal Code 1860 (IPC). This particular Section of the IPC addresses the offense of “ Disobedience of an order promulgated by a public servant” . The said section along with the explanation and illustration has been reproduced below: S.188: Disobedience to order duly promulgated by a public servant.& mdash Whoever, knowing that, by an order promulgated by a public serv& shy ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris& shy onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.& mdash The offender doesn't need to intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration: An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order and thereby causes danger of riot. A has committed the offense defined in this section. As per this Section, the effects that an individual's disturbance can cause have been divided into two limbs and separate punishments have been given for each. 1. If the disobedience by such a person causes (or tends to cause) obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, he/she will be punished with simple impris& shy onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both, or 2. If such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Clearly, disobedience of orders in the situation of a pandemic/health emergency (or in current times - Covid19 / Coronavirus), the second kind of offense that deals with “ danger to human life/health/safety” is relevant. Any individual deemed to be committing an offense under this Section should be imprisoned for a term extending up to 6 months or a fine of Rs. 1000 or both. According to the explanation given in the Section, it is not necessary that the offender should have an intention to cause such harm - it is sufficient that he/she knows of the order that he/she disobeys and such disobedience produces or is likely to produce harm. The offense under S. 188 is cognizable and bailable.
 

B. Section 269

This Section deals with “ Negligent act likely to spread infection of disease dangerous to life” . According to Section 269 , if anyone unlawfully or negligently does any act which (he/she knows or believes) will spread infection of any disease which is dangerous to life will be punished with imprisonment up to six months or a fine or both. It is a bailable and cognizable offense. During the Coronavirus outbreak, FIRs have been registered under this Section, against persons who have escaped quarantine in hospitals.

C. Section 270

This Section is a more serious version of Section 269 of the IPC. According to Section 270 , if anyone does any malignant act which is likely to spread infection of any disease dangerous to life, shall be punished with imprisonment up to two years or a fine or both. The offense under this Section is both cognizable and bailable.

D. Section 271

Section 271 of the IPC lays down the punishment for disobedience to the quarantine rule. It states that anyone who knowingly disobeys any rule made and promulgated for regulating the intercourse between places where an infectious disease prevails (and other places) will be punished with imprisonment for a term up to six months or fine, or both.
 

4. Section 144 of the Code of Criminal Procedure:

S. 144 of CrPC had been imposed in different States in order to control the spread of Novel Coronavirus disease in the country. To contain COVID19, which is known to transmit through contact with persons who are positive, this Section had been invoked to prohibit assembly/congregation of four or more individuals in an area. As per the law, if more than 4 people assemble in an area, they would be deemed to be members of & lsquo unlawful assembly' and can be charged for engaging in rioting. A person found in violation of Section 144 can be punished with imprisonment as well as a fine under the Indian Penal Code, 1860. Needless to say, no one law can work in isolation and there are several other laws that are being invoked in these trying times, for example, the Essential Services Maintenance Act 1968 and the Essential Commodities Act 1955 are being adduced to govern the operation of essential services and availability of essential commodities (like food) in the current lockdown in India.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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