Timeline of COVID-19 and measures taken in India

INTRODUCTION

Coronavirus which originated in 1965 when Tyrrell and Bynoe found they could pass a virus named B814 had recently become an outbreak worldwide, leading people to self-quarantine in their houses and work from home. The outbreak led to a worldwide lockdown of offices, schools, colleges and only necessity areas like grocery stores, hospitals, pharmacies are open. Such lockdown due to disease is called a biological emergency in the nation as per the Epidemic Disease Act,1897.

The Epidemic Disease Act, 1897 was first enacted in Mumbai for bubonic plague incidents in the late nineteenth century. As per the act, if there is an outbreak of any dangerous epidemic disease and the common law which is being followed are insufficient to prevent such outbreak, the Central Government has the power to take prescribed measures as deemed fit and if anybody is found intentionally disobeying such orders they will be punished under section 188 of Indian Penal Code.

Considering our nation is under biological emergency, there have been many laws prescribed under such conditions to be followed and failure to do so will lead to a punishment of fine or imprisonment or both.

PRESENT STATUS OF COVID-19 IN INDIA

The very first case of COVID-19 in India was found on 31st January 2020 in Kerala. When the first case was discovered the Ministry of Health and Family Welfare started screening of travellers coming from China at airports and issued a travel advisory to Indians to avoid non-essential travel to China. By 13th February 2020, few states such as Haryana and Chhattisgarh started special awareness drives at bus stations and railway stations. Travellers from Wuhan were kept in quarantine camps for a period of 14 days and were tested twice in this period COVID-19.

The toll of confirmed cases raised on 9th March 2020, when 44 confirmed cases were found nationwide leading the Health Ministry to raise the process of screening of travellers from 21 airports to 30 airports nationwide. By this time, the screening was also done in 12 major seaports and 65 minor ports in India. The passengers travelling from Italy have to provide a negative test result of COVID-19 to be authorised to come to India.

On 13th March 2020, India reported their first death from COVID-19, and rise of confirmed cases from 44 to 84. During this period, schools and colleges were ordered by the ministry to be closed for the time being, people were given orders for self-quarantine. By the time of 22nd March 2020, 360 cases were confirmed and the government ordered for closure of all activities except for essential commodities and services. ‘Janta Curfew’ was announced, people were not allowed to leave from home from 7AM to 9PM except for the need of any essential services. On 24th March 2020, a complete lockdown for 21-days was announced by the Union government.

By 31st March 2020, 1251 confirmed cases are there nationwide. The whole country is under 21 days lockdown, all international flights have been suspended, inter-state travel is restricted in most of the states. Police officers were given orders to file cases under section 144 of Code of Criminal Procedure,1973 if anybody is found to be disobeying such orders. Many more legal implications can be imposed which are provided further.

RULES AND REGULATIONS UNDER THE LOCKDOWN PERIOD

As 1.3 billion people of India go under complete lockdown for 3 weeks due to the spread of COVID-19, some rules and regulations under the Disaster Management Act need to be followed, violation of these can lead to penalty and imprisonment. They are as follows:-

● Failure to comply with the directions given by the Central or State Government can lead to 1 year of imprisonment or fine or both.

● If non-compliance of order leads to danger or death of another person, the imprisonment term increases to 2 years.

● If any person makes false claims to gain some benefits or relief shall be punished for imprisonment for the term of 2 years or fine or both.

● Hoarding of money or goods, especially by those mandated can lead to an imprisonment of 2 years or fine or both.

● Broadcasting false news that creates fright in public can lead to 1 year of imprisonment or fine or both.

● If any Government official is found to be misusing his powers will face serious consequences for the same.

● Officers who refuse to perform their duty, until or unless they have a lawful reason to do so, will lead to imprisonment of 1 year or fine or both.

● If any company or corporate body commits such an offence, every person who at the time committed such offence and was responsible to the company, shall be deemed guilty for the contravention.

● If any person unlawfully or negligently does any act which is probable, and which he suspects or has cause to suspect, to transmit the infection of certain diseases which are harmful for health shall be punished by a term, which may be increased to 6 months, incarceration of any form or penalties, or of both, under S.260 of Indian Penal Code,1860.

● If any person does an act which is likely to spread the infection of any disease that is life-threatening, is convicted either with a 2 years imprisonment or with a penalty, or with both as per S.270 of Indian Penal Code,1860.

● If any person disobeys the quarantine rule shall be punished with 6 months of imprisonment or fine or both as per S.271 of Indian Penal Code,1860.

CONCLUSION

The lockdown is a necessity for the healthy livelihood of mankind. Article 39(a) and 39(e) of Indian Constitution clearly states that the government must take necessary steps for the healthy livelihood of the people. The confirmed cases of covid-19 are continuously rising, all the awareness drives are steps for the safety of the people. Disturbance with the safety of others will have consequences.

So follow the orders, maintain social distance and spread awareness regarding the disease. The lockdown is not a house-arrest or curfew but a way to keep every person safe.

[The author is Deeksha Karunakar, 4th year law student of Law College Dehradun, Uttaranchal University.]

• Tyrrell DA and Bynoe ML, “Cultivation of Viruses from a High Proportion of Patients with Colds.,” Lancet (1966).
• [1897] The Epidemic Disease Act
• [2005] The Disaster Management Act
• Srivastava AB, The Code of Criminal Procedure, 1973 (Law Publishers (India) 2006)
• Sarkar JS, Indian Penal Code, 1860 (Kamal Law House 2001)