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INDIA
Covid-19: Laws related to quarantine
in India
March 26, 2020, 58 PM IST / Vageshwari Deswal in Legally Speaking, India, TO!
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After the fourteen-hour Janata Curfew on
Sunday the 22nd of March 2020, our
Prime Minister has declared a nationwide
lockdown of 21 days from March 25 to
‘Vageshwari Deswal April 15 in order to contain the spread of
Dr. Vageshwari Deswal is
an academician, author, coronavirus in India. So far we have been
ferninistand activist an
Tug oe Prsencor ae successful in limiting the numbers, but, as
Faculty of Law, University
Faculty the possibility of community spread
looms large, the authorities have been
compelled to adopt stringent measures
to prevent the massive outbreak of amagnitude that currently, Italy is reeling
under. 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
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OAH Bysuch actions that are detrimental to the
health and safety of others.
In our country, disobedience to
30
with imprisonment of either description
for a term which may extend to six
months, or with fine, or with both. Failure
to take requisite precautions despite
being aware of the possibility of the
spread of such infection or disease is
punishable under Sections 269 and 270 of
the IPC. Under Section 269, whoever
which is, and which he knows or
reason to believe to be, likely to spread
infection of any disease dangerous to lit
shall be punished with imprisonment o
“Under Section 270, Whoever malignantly
does any act which is, and which he
knows or has reason to believe to be, likely
to spread the infection of any disease
dangerous to life, shall be punished with
imprisonment of either description for a
term which may extend to two years, or
with fine, or with both. Malignancy is
characterized in diseases that are highly
virulent, infectious and life-threatening
Disobeying the norms prescribed for
social distancing, coughing or sneezing
without covering the nose and mouth,
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the systemnot wearing masks in public, disregarding
norms for social isolation, loitering on the
streets in groups, socializing in disregard
of the prescribed regulations, ete. are all
punishable offences under Section 270.
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
toa public bath in violation of his
quarantine. India has invoked powers
under the Epidemic Disease Act, 1897 to
Ontrol Covidl9. This act is 123-year-old
legislation with just four provisions that
allow the State to inspect people
travelling by railways, ships (air travel was
not an option at the time when this law
was enacted) and segregate suspects in
hospitals, temporary accommodations or
otherwise. It was enacted in Feb 1897 with
the objective of preventing the spread of
dangerous epidemic diseases. 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 measuresto prevent the outbreak or spread of such
epidemic. However, since Public health
features in the state list under the
Seventh Schedule of the Constitution of
India, the Centre is relegated to an
advisory role and the onus of invoking
and imposing the laws as well as
regulations lies primarily on the states.
Towards this end, they may take or
require or empower any person to take
such measures as may be deemed
necessary. They may also, by public notice,
prescribe temporary regulations to be
observed by the public or by any person
or class of persons to prevent the
outbreak or spread of the epidemic. Any
1860 with imprisonment for a term
ranging from one to six months. For
conviction under Section 188, it is not
necessary that the offender should intend
to produce harm, or contemplate his
disobedience as likely to produce harm. It
is sufficient that he knows of the order
which he disobeys, and that his
disobedience produces, or is likely to
produce, harm. Additionally, States may
also issue orders by invoking Section 144
of CrPC, 1973 to restrict public gatherings
and impose a curfew. Violation of orders
under section 144 CrPC is also punishable
under Section 188 of the IPC.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. With an objective to replace this
old law, A Public Health (Prevention,
Control and Management of Epidemics,
Bio-terrorism and Disasters) Bill was
drafted by the Ministry of Health and
Family welfare in 2017 to empower local
government bodies for taking swift action
during emergency situations. Had it been
enacted, the authorities would have been
better equipped in the present scenario.
We also have the Disaster Management
Act, 2005 that provides for effective
management of man-made and natural
disasters which may result in substantial
loss of life or human suffering, Biological
disasters that may be caused by
epidemics are covered under National
Disaster Management Guidelines, 2008
for the management of biological
disasters drafted by National Disaster
Management Authority, Government of
India. We also have a National Disaster
management plan, 2019 to strengthen
disaster resilient development and
enhance our capacity to recover from
them,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.
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TOP COMMENT
Mehrunissa Jawed
792 days ago
“Thank you for sharing such great
information.
It has help me in finding out more detail
about understanding your clinical
establishment's legal compliances in
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