Preface: Today our country is also facing problems due to COVID-19 like major developed countries are facing right now. It was declared "Epidemic" in starting 2020 by W.H.O. This is obviously a major disaster, that can only be defeated by disaster management. Nowadays motto "Stay Home, Stay Safe" is accepted by almost every country worldwide. Especially in India we have faced Lock-down 1- 4 also seen unlock process. But have you every thought about what are the procedure that government is using to manage such conditions. So we are going to talk about those acts and rules that are being used by State & Central governments to fight against this disaster. Mains legal provisions regards this are:
- Epidemic Act, 1897 (Folio Number 3 of this act)
- Ordinance Epidemic Amendment Act, 2020
- Disaster Management Act, 2005
- Code of Criminal Procedure, 1973 (section 144)
- Indian Penal Code, 1860 (188, 269, 270, 271)
- National Security Act, 1980
Terminologies used under above acts:
- Epidemic- A large number of people or animals suffering from the same disease at the same time. This is spread in wider area, may be a continent or worldwide.
- Disaster- According to Disaster Management Act, 2005, an unpleasant occurring caused by human being or natural calamities that is out of control to human being or community living there is termed as Disaster.
- Health Workers- As per Ordinance Epidemic Amendment Act, 2020 a Health Worker is that person whose life comes under danger / epidemic during duty, public and clinic service providers like nurse and doctors or that individual who is authorized by the government to prevent the outbreak.
- Violent Act- As per Ordinance Epidemic Amendment Act, 2020 when someone tries to make health workers life in danger, harm / wound him or his property is referred as a violent act.
- Assets- As per Ordinance Epidemic Amendment Act, 2020 clinical establishments, quarantine centers, mobile medical units, any stuff that is directly or indirectly related to health workers.
You may have seen different categories of violent acts and assets loss against health workers in different cities of India. Ordinance Epidemic Amendment, 2020 strengthened the power of government officials.
Using Epidemic Act, 1897's powers government of India imposed lock-down and made possible and issued relevant guidelines in order to prevent coronavirus disease. As per Epidemic Act, 1897 government can give order / appeal to its citizen to follow guideline that is made for preventing epidemic outbreak. Government generally uses this act when an epidemic is recognized and confirmed by the respective government. But when someone violets the order of authorized official then penalty provision is there for ensuring against such activities. Penalty. Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code (45 of 1860 ).
Quarantine rules and guidelines were followed using Epidemic Act, 1897 that gives power to government to keep people in quarantine / give such order for same, if those persons are found infected or under apprehension while travelling via railways or any such means of transports. In Section-2(A) of Epidemic Act, 1897 there is a provision that government can request / give order to respective governments or people living within particular area to vacant the area where epidemic has much concern. When someone breaks these guidelines there is a provision in IPC as well that says to fine for disobedience to order duly promulgated by public servant under section 188. Police are making fines for not wearing masks using IPC mainly where state government has already released penalty rules for not wearing masks.
There are many provisions for penalty and following the guidelines released by government. Make ensure to go through these acts officially as per need and understanding. Since I (author) am working in prosecution department of Madhya Pradesh. I am witnessing many such cases against our health workers and corona warriors. So my guideline to police who is doing investigation and filing case against them are:
- Inspector must mentioned of these acts specially Ordinance Epidemic Act, 2020 on FIR and before imposing the act must go through relevant sections of these acts.
- In order to filing an FIR on behalf of health worker, make sure to get certificate for his duty whether he really belongs to health worker community or not.
- If any casualty has already taken place, must mentioned his treatment related documents, so that sectioned against culprit can be enhanced.
- Must heed that health workers those individuals except doctors and nurses who are authorized or given a role by state or central government.
- Deliberation must be completed within 30 days of filing an FIR.
- Some sections comes under cognizable and non-bailable offenses, so request to Hon. Court for rejecting bail.
Cessation- These acts and guidelines make you understand better rules and regulations published by government. If you are a government official, implement this first yourself and teach others. But if you are common man always follow such guidelines released by respected governments time to time. If you are aware about these rules, you can be protected yourselves from some cunning government officials as well.
God Bless!
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