The Novel Coronavirus, Covid-19 is caused by the severe acute respiratory syndrome coronavirus-2 (SARS-CoV-2). It has been declared a pandemic by the World Health Organization and is an unprecedented worldwide health crisis. The extent of the ramifications caused is still unclear, but it is evident that the world has come to a standstill.
After the fourteen-hour Janata Curfew on Sunday the 22nd of March 2020, India’s Prime Minister has declared a nationwide lockdown of 21 days from March 25 to April 15 which was further extended to 3rd May 2020 and again to 17th May 2020 in order to contain the spread of coronavirus in India. So far we have been successful in limiting the numbers, but, as the possibility of community spread looms large, the authorities have been compelled to adopt stringent measures to prevent the massive outbreak. India with its vast population could be hit in the worst possible way, given our general standards of hygiene, clustered living habits and an ill-equipped and understaffed health care system. A vast majority of our gargantuan population lives in slums, in extreme proximity with one another providing the ideal breeding ground for epidemics such as Coronavirus that spreads from infected persons to those in the near vicinity.
Quarantine is a state of isolation in which people who are exposed to an infectious disease are placed for a fixed time, in order to curb the further spread of such disease. Coronavirus is highly contagious, that is why incoming travelers from corona hit countries and people coming in contact with Corona infected persons are being kept under observation to ascertain their medical status. However, we have had several instances of people avoiding health screening at airports, fleeing from quarantine, hiding their travel history and not following the rules prescribed for self-isolation by the concerned authorities. This is unfortunate as the irresponsible act of these people has jeopardized the safety of their family, friends and fellow countrymen. People are largely unaware of the existing laws under which they can be prosecuted for such actions that are detrimental to the health and safety of others.
QUARANTINE AND EPIDEMIC LAW ENFORCEMENT IN INDIA
One of the most pivotal segments of containment of public nuisance is the quarantine provision of IPC. Section 188, 269, 270, and 271 of IPC and Section 133 CrPC, assumes pivotal significance in the present scenario of the COVID-19 pandemic and lock-down orders Additionally, States may also issue orders by invoking Section 144 of CrPC, violation of which is also punishable under Section 188 of the IPC.
On March 11, the Cabinet Secretary of India enforced Section 2 ,Section 3 and Section 4 of the Epidemic Diseases Act in all states and union territories in India to control COVID-19.
This colonial law was historically applied in India to control cholera in Gujarat, malaria in Chandigarh, dengue fever in Delhi and swine flu in Pune. The application of the vintage law for containment of COVID-19 pandemic and control of the spread of the infectious disease is an interesting modern application. The officers entrusted with the responsibility of enforcing the orders or regulations enacted under the Epidemic Disease Act, 1897 shall be protected from prosecution for anything done by them in good faith towards the implementation of this law
Our quarantine or isolation laws are very mild in comparison to countries such as North Korea where military law was imposed to enforce a quarantine in the wake of coronavirus pandemic. It was reported that an official who returned from China was executed when he went to a public bath in violation of his quarantine. India has invoked powers under the Epidemic Disease Act, 1897 to control Covid19 As per this law whenever the country or any state or any part of the country or any state are faced with an imminent threat of the spread of any dangerous epidemic disease and the existing provisions of the ordinary law are insufficient to prevent its outbreak or contain its spread then It empowers the Central as well as State Governments to take necessary measures to prevent the outbreak or spread of such epidemic.
COVID-19 AND LABOUR LAW IN INDIA
As the economy struggles with the lockdown and thousands of firms and workers stare at an uncertain future, some state governments last week decided to make certain significant changes The most significant changes were announced by three BJP-ruled states — UP, MP and Gujarat — but several other states, ruled by the Congress (Rajasthan and Punjab) as well as BJD-ruled Odisha, too made some changes, although smaller in scope.
State-wise details of amendments in labour laws:
Uttar Pradesh: Yogi Adityanath has made the boldest changes as it summarily suspended the application of almost all labour laws in the state for the next three years. However, Building and Other Construction Workers Act, 1996; Workmen Compensation Act, 1923; Bonded Labour System (Abolition) Act, 1976; and Section 5 of the Payment of Wages Act, 1936 (the right to receive timely wages), will remain intact for both the existing businesses and the new factories being set up in the state. The state government’s statement said that the decision is taken in the wake of losses incurred to businesses and economic activities.
Madhya Pradesh: CM Shivraj Singh Chouhan has allowed overtime of up to 72 hours and the period of working shifts in factories to increase from 8 hours to 12 hours. In another major relaxation the state government said that there will be no inspection in the firms employing less than 50 workers and in the small and medium enterprises, the inspection will take place only with the permission of the labour commissioner or in case of complaint.
Rajasthan: Apart from raising the working hours from 8 hours per day to 12 hours per day, the state has amended Industrial Disputes Act to increase the threshold for lay-offs and retrenchment to 300 from 100 earlier. In order to recognise the trade union, the threshold membership of the trade union has been increased from 15 per cent to 30 per cent.
Maharashtra: All the shops and factories are asked to submit consolidated annual returns instead of multiple returns under various labour laws.
Kerala: Chief Minister Pinarayi Vijayan had said if the investor agrees to complete formalities in a year, the state government would facilitate new industrial licence within a week after the application is filed.
Punjab, Himachal Pradesh and Gujarat: These three states have also amended their Factories Acts in the last month to increase the work time to 12 hours every day and 72 hours every week, compared to 8 hours every day and 48 hours every week.
These are testing times. We all need to understand the magnitude of the catastrophe that awaits us if we disregard the precautionary measures mandated by the State. We all need to follow the rules prescribed for hygiene such as washing hands frequently, social distancing, wearing masks, using sanitizers, safe disposal of used tissues, staying indoors, self-isolation during sickness and reporting to the health care authorities immediately upon developing any symptom. More than laws and regulations, it is public support that can help
LEGAL PROVISIONS ATTRACTED IN THIS CASE
- Epidemic Diseases Act
- Section 2 – empowers State Governments to take special measures and prescribe regulations during the outbreak of an epidemic disease.
- Section 3 – 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
- Section 4- No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act
- Indian Penal Code
- Section188- Disobedience to order duly promulgated by public servant if 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.
- Section 269- Negligent act likely to spread infection of disease dangerous to life. shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
- Section 270- . Malignant act likely to spread infection of disease dangerous to life shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
- Section 271- Disobedience to quarantine rule.shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
-KRITI SAKUJA
Deeksha Chugh 
Good Going. Keep it up. 👍👍
God bless 💕💕
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