S 144 (Crpc) Imposition And Its Related Implications In The Light Of Covid-19

[ The author, Simran Anneka Lobo, is a 1st-year law student from Government Law College, Mumbai and has a keen interest in the interconnection between law, politics and society.]

With around 190+ countries bearing the brunt of COVID-19, we see nationwide lockdowns and social distancing taking over our world. No one can deny that health concerns are of the utmost importance. Thus, immediate responses and measures are being implemented in India to battle this deadly virus. As vaccines trials have just begun and are a long time coming, isolation and social distancing is the only arsenal we have to flatten the curve. In light of these understandings of COVID-19, we look to see the impact of the imposition of Section 144 of the Code of Criminal Procedure, 1973 (CrPC) in numerous cities in India.

BREAKING DOWN SECTION 144 OF THE CRPC

Section 144 prohibits the assembly of four or more people in a particular area. This is authorized by an order of the Executive Magistrate of the territory and is used in urgent cases of nuisance or apprehended danger. It essentially prohibits public gatherings, demonstrations, processions, etc. and restricts individuals to carry weapons in the area of imposition. Events of social, political, academic, cultural or religious nature stand cancelled for the duration. Anyone who contravenes this order and engages in an ‘unlawful assembly’ can be booking under rioting.

In the past, this Section has been used to prevent riots or protests where potential damage to human life or property was seen. For example, it was imposed in Jammu and Kashmir during the death anniversary of Maqbool Bhat and Afzal Guru. It was also used in various places in India during the announcement of the Ayodhya judgment.

USE OF SECTION 144 DURING COVID-19

As mentioned above, social distancing and the lockdown are the essences of containing the spread of this pandemic. Section 144 inherently has a social distancing element as it does not allow large groups or gatherings to take place. When the virus had just begun to surface in India, the government responded immediately in places where positive cases where found. One of their mechanisms was the imposition of Section 144 in various cities:

• Mumbai police issued an order for S. 144 on March 15, 2020, that was specific to tour operators conducting excursions around the city. This was imposed as there was a likelihood of the transmission of COVID-19 through tour groups travelling together from aboard. However, there was widespread confusion about this order before these specifics were clarified. Mumbai again imposed Section 144 on 1st July till 15th July 2020 amid rising Coronavirus cases.
• Further, CM Uddhav Thackeray announced this Section imposition in all cities of Maharashtra on March 22, 2020. To ensure no overcrowding, these measures were necessary. All modes of public transport were closed as well.
• The Delhi government imposed S.144 to help stop the local spread of the coronavirus on March 23, 2020, until March 31, 2020. This order was issued to maintain public health and safety. It also stated that any individual who was suspected with the virus should be in a home or institution quarantine situation to reduce the spread.
• In Anantnag, a district of Jammu and Kashmir, the District Magistrate announced the imposition of S.144 in March 2020 when the state has registered 3 positive cases then.
• The Commissioner of the Bengaluru Police has stated that the S. 144 prohibitory order will remain in force from April 14, 2020, until April 20, 2020.
• The Rajasthan government announced Section 144 in the state to ramp up precautions taken due to the novel coronavirus.
• Noida police invoked Section 144 of the Criminal Procedure Code (CrPC) to prohibit mass gatherings till 5 April.
• Prohibitory orders under section 144 of the Code of Criminal Procedure (CrPC) were imposed in Davangere District of Karnataka till 24 March.
• Section 144 was also imposed in Odisha's Ganjam and Jajpur districts.

So we see numerous places all over India have also imposed Section 144 of the CrPC to help restrict the transmission of the coronavirus such as the ones mentioned above as well as others like Tamil Nadu, Rajasthan, Noida, etc.

IMPLICATIONS OF S.144 DURING COVID-19

For the most part, we can conclude that due to the rising number of COVID-19 positive cases and deaths, Section 144 keeps at bay large gatherings and assemblies that are a hotbed for the virus. Besides keeping people away from each other, it also allows for the suspension of public transport which is a need-of-the-hour, consistent with the lockdown requirements. It also prevents the conducting of social, cultural and religious events where people might meet, exchange communication and result in spreading the deadly virus.

A major concern seen recently with the lockdown being extended is people retaliating violently to the police and medical personnel who are just doing their jobs. For example, two policemen were attacked by a mob in Bhopal while they were on lockdown enforcement duty. One of them was stabbed in the neck while the other was stabbed on his left hand. Another violent case was seen in Punjab where a policeman’s hand was chopped off with a sword during an attack by a group of Nihang Sikhs.

Section 144 prevents a mob or group from assembling and will be able to curb attacks such as these. Doctors and nurses have been attacked, cursed and been spat at during rising tensions over the coronavirus lockdown. A mob even threw stones at two female doctors in Indore. Thus, Section 144 has a two-fold impact: it can keep the spread of the virus restricted as well as keep the attacks away.

On the other hand, there have been some cases of police brutality where individuals have been beaten for not doing anything wrong. Even if they’ve left their homes for an essential grocery run, they have been met with violence and punished with a lathi. This is on the other extreme end; were to enforce the lockdown, violent means are implemented. These cases all over India highlight how power within the police force is being misused.

Also, with announcements coming last minute and no preparation time is given to the people, there is immense chaos, confusion and panic. When orders are not clarified or provisions not specified, panic spreads even faster than the virus. As seen above with the Mumbai police order where confusion spread, an all-inclusive approach to instructions must be given to allow the entire population to understand the gravity of the matter. Only with clear planning, execution, communication and cooperation will India beat the virus in the end.

REFERENCES

• Devika, Corona Virus | Delhi Police impose Section 144 CrPC to mitigate the spread of COVID-19, SCC ONLINE BLOG, (March 22, 2020), https://www.scconline.com/blog/post/2020/03/22/corona-virus-delhi-police-imposes-section-144-crpc-to-mitigate-the-spread-of-covid-19/
• Alok Deshpande, Section 144 imposed in all cities of Maharashtra: Uddhav, THE HINDU, (March 22, 2020), https://www.thehindu.com/news/national/other-states/section-144-imposed-in-all-cities-of-maharashtra-uddhav/article31134870.ece
• Coronavirus update: Section 144 imposed in Bengaluru City until April 20, LIVEMINT, (April 15, 2020), https://www.livemint.com/news/india/coronavirus-update-section-144-imposed-in-bengaluru-city-until-april-20-11586919289070.html
• Ari Altstedter, Bhuma Shrivastava, Dhwani Pandya, Doctors Come Under Attack in India as Coronavirus Stigma Grows, BLOOMBERG, (April 14, 2020), https://www.bloomberg.com/news/articles/2020-04-13/doctors-come-under-attack-in-india-as-coronavirus-stigma-grows
• What Is Section 144, BUSINESS STANDARD, https://www.businessstandard.com/about/what-is-section-144
• Press Trust of India, Coronavirus lockdown: 2 cops on duty injured in an attack by a mob in Bhopal, INDIA TODAY, (April 7, 2020), https://www.indiatoday.in/india/story/coronavirus-lockdown-2-cops-on-duty-injured-in-attack-by-mob-in-bhopal-1664267-2020-04-07
• ET Bureau, Covid-19 impact: Mumbai Police ban group tours in the city till March 31, ECONOMIC TIMES, (March 16, 2020), https://economictimes.indiatimes.com/news/politics-and-nation/coronavirus-mumbai-cops-invoke-section-144-to-ban-group-tours/articleshow/74637315.cms?from=mdr