Janta Curfew against COVID-19

Janata Curfew ~ " It is Not Curfew, It is Care for You"

Social distancing is a non- pharmaceutical infection prevention and control intervention implemented to avoid decrease contact between those who are infected with a disease causing pathogen and those who are not, so as to stop or slow down the rate and extent of disease transmission in a community. This eventually lead to decrease in spread morbidity and mortality due to the disease.

Prime Minister Narendra Modi calls on for self-imposed citizen curfew on 22 march 2020 in reparatory move to fight the pandemic coronavirus COVID-19.
Nationwide janatha curfew scheduled from 7 a.m. to 9:00 p.m. in the evening. It is a part of social distancing to check the spread of the deadly virus.
In addition to the proposed interventions the state or UT governments mein prescribed such other major as they considered necessary.

Today (22nd March) - According to media reports, Cities across country wear deserted look. (Indian cities go into lockdown mode).
Modi Ji tweet- "Stay Home, Stay Healthy". He added - "Resolve & Restraint" to fight the Coronavirus had asked the Countrymen to Observe a 'Janta Curfew'.

PM Modi appeals for Janata curfew will impact on different category ~

* It is promoting collective responsibility of  people and government.
* It is  universal social distancing in a single day to Fight against Coronavirus.
* It will prepare us for for the the next step in case we experience a full-blown stage III scenario.
* It is promoting participatory democracy.
* It will make confidence among people to fight against COVID-19.

Government steps for Social Distancing ~

* Railway consensus suspended to discourage travel.
* Malls, schools, gym etc must be closed, no sporting events.
* Possibility of postpone exam may be explored. Ongoing exam to be conducted only after insuring physical distance of 1 metre among students.
* Increase private sector organisations employers to allow employees to work from home wherever feasible.
* Meetings, as for as feasible, shall be done through video conferences minimise are rescheduled meetings involving large number of people unless necessary.
* Restaurants to ensure handwashing protocol and proper cleanliness of frequently touched surfaces.
* Local authorities to have a dialogue with organisers of sporting events and competitions involving large gatherings and they may be advised to postpone such events.
* Non essential travel should be avoided. Buses,trains, aeroplane to be maximized social distancing in public transport beside insuring regular and proper disinfection of surfaces.
* Keep communities informed consistently and constantly.
* Local authorities to have dialogue with opinion leaders and religious leaders to regulate mass gatherings and should ensure no overcrowding / at least one metre distance between people.
* All commercial activities must keep a distance of one metre between customers. Measure to reduce peak hours crowding in markets.
* Hygiene and physical distancing has to be maintained. Shaking hands and hugging as a matter of greeting to be avoided.
* Hospitals to follow necessory protocol related with COVID-19 management as prescribed and restrict family /friend /children visiting patient in Hospitals.

Legal Framework ~

Legal frameworks are important during emergency public health situations as they can delineate the scope of the government's responses to public health emergencies and also, the duties and rights of citizens. There are two legislations which have been invoked by the Union and State Governments to effectively tackle the outbreak and spread of COVID-19 ~

1. Epidemic Diseases Act, 1897 read with Section 188 of Indian Penal Code

2. Disaster Management Act, 2005

1. Epidemic Diseases Act, 1897

As the year of enactment suggests, the Epidemic Diseases Act is a colonial era legislation which was primarily enacted to tackle the epidemic of bubonic plague that had spread in the erstwhile Bombay Presidency in the 1890s.

Using powers conferred by the Act, colonies authorities would search suspected plague cases in homes and among passengers, with forcible segregations, evacuations, and demolitions of infected places.

The Epidemic Diseases Act is a brief legislation containing only 4 substantive provisions:

Section 2 of the Impugned Legislation is a sweeping section that empowers the state governments/UTs to prescribe special measures and formulate regulations for containing the outbreak and spread of an epidemic if it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose. These regulations can range from prescribing 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 to the inspection of persons travelling from railways or otherwise, segregation in hospital, creation of special wards etc. Section 2A provides similar powers to the Central Governments in reference to ports, vessels etc.

Section 3 of the Act is a penal provision declaring the disobedience of any regulation or order made under the Act as an offence punishable under Section188 of the Indian Penal Code, 1860. Section 188 of the Indian Penal Code deals with the offence of "Disobedience to order duly promulgated by a Public Servant". The ingredients of Section 188 of the Indian Penal Code have been elaborated in a number of judgments of the Supreme Court as well as the High Courts. One notable judgment in this regard is the judgment of the Madras High Court in Chinnamuthu Ambalam vs S. Jagannatha Chariar [AIR 1959 Mad 89], wherein the following ingredients were elaborated:

• That there must be an order promulgated by a public servant
• That the public servant must have been lawfully empowered to promulgate such order.
• That a person having knowledge of such order and directed by such order (a) to abstain, from a certain act, or (b) to take certain order with certain properly in his possession or under his management, has disobeyed such direction.
• That such disobedience causes or tends to cause (i) obstruction, annoyance, or injury, or risk of it, to any person lawfully employed, or (ii) danger to human life, health or safety, or (iii) a riot or affray.

Section 4 of the Act provides legal immunity to persons acting under the Act.

The law has been criticised by a number of historians on account of its potential for abuse. But, as legal positivists would argue in a situation like this, it is the law and because it is the law it is only reasonable to assume that more and more states will invoke the provisions of the impugned Act to deal with instances such as the one that has occurred today. The state should effectively use to the law to act against persons who are putting the larger public in danger by wilfully disobeying essential government orders issued in public interest in these testing times.

2. Disaster Management Act, 2005

The Disaster Management Act, 2005 was enacted to provide for an exhaustive administrative set up for disaster preparedness. The definition of 'disaster' under section 2(d) of the Act is wide enough to encompasses the novel disease, i.e., COVID-19 and adequately empowers the public officials to combat the spread of COVID-19.

The relevant section under which the Government has taken measures to combat the spread of COVID-19 is Section 10 of the Act. Section 10 deals with the monitoring and implementation of the National Plan and the plans prepared by the Ministries or Departments of the Central Government and gives overreaching superintendence power to the officer executing it. Section 10 of the Act confers this power upon the Union Home Secretary as he is the Chairperson of the National Executive Committee. However, recently the Centre notified that the powers held by the Home Ministry under section 10 of the Disaster Management Act shall be delegated to the Ministry of Health and Family Welfare. In pursuance of the directions issued by the Ministry of Health and Family Welfare (MoHFW) vide an order under section 10(1)(2) of the Disaster Management Act, 2005, the National Pharmaceutical Pricing Authority (NPPA) was directed to regulate the availability and pricing of surgical and protective masks, hand sanitizers and gloves amid the ongoing coronavirus concerns. NPPA directed all the States and UTs to take necessary steps to ensure sufficient availability of the masks, sanitizers and gloves at prices not exceeding the MRP printed on the pack size in public interest. These steps were taken to curb unnecessary public exploitation and overpricing of products which are a mandate in the times of the ongoing pandemic disease.

Furthermore, the governments of States and UTs have also been directed to monitor the production and distribution of the essential items by the manufacturers, importers, stockists and retailers so as to combat potential situations of hoarding, black marketing and profiteering.

The importance of this legislation cannot be emphasised enough. The steps taken under the Act deal with factors which are ignored by many but which directly contribute to the mitigation or aggravation of the spread of an epidemic.

"Stay Indoor, Stay Healthy"Fight against COVID-19...