News
Legislative Fight Against COVID-19
16 May 2020
The Supreme Court of India has emphasized in Vincent v. Union of India, AIR 1987 SC 990 that “a healthy body is the very foundation of all human activities”. Pneumonia of unknown cause detected in Wuhan, China was first reported to the WHO Country Office in China on 31 December 2019. The outbreak was declared by WHO a Public Health Emergency of International Concern on 30 January 2020. On 11 February 2020, WHO announced a name for the new coronavirus disease: COVID-19.8 Novel coronavirus (2019-nCoV) or coronavirus disease 2019 (COVID-19) is a communicable disease. On March 11, 2020, WHO declared COVID 19 as a pandemic. This is the first pandemic caused by a coronavirus. In India, three lockdowns have been declared. The worst affected population is poor persons. It has affected the economy of the country also.
International Legal framework
The World Health Organization (WHO) 2005 International Health Regulations (IHR 2005), the only international convention on the global health issue, permits quarantines and non-intrusive medical examination at ports of entry in global health crisis situations.
Should quarantines escalate into detention, a different set of legal rules comes into the equation. The 1963 Vienna Convention of Consular Relations (Article 36) requires that the detainee has access to help from the consular mission representing his country.
Indian Legal framework
India has invoked powers under the Epidemic Disease Act, 1897 to control Covid19. This Act is 123-year-old legislation with just four provisions that allow the State to inspect people traveling 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 measures to prevent the outbreak or spread of such epidemic.
The Epidemic Diseases (Amendment) Ordinance, 2020 (Promulgated by President on April 22, 2020). ‘Ordinance’ was promulgated of to amend the Epidemic Diseases Act, 1897 to protect healthcare service personnel and property including their living/working premises against violence during epidemics.
Punishment and Compensation
The Ordinance specifies that no person can:
(i) commit or abet the commission of an act of violence against healthcare service personnel, or abet or cause damage or loss to any property during an epidemic. Contravention of this provision is punishable with imprisonment between three months and five years, and a fine between Rs 50,000 and two lakh rupees. This offense may be compounded by the victim with the permission of the Court.
Persons convicted of offenses under the Ordinance will also be liable to pay compensation to the healthcare service personnel whom they have hurt. In the case of damage or loss of property, the compensation payable to the victim will be twice the amount of the fair market value of the damaged or lost property, as determined by the Court. If the convicted person fails to pay the compensation, the amount will be recovered as an arrear of land revenue under the Revenue Recovery Act, 1890.
Other Laws that deals with the COVID-19
Central Laws
- Indian Penal Code, 1860 – Sections 188, Section 268, Section 270,Section 270
- Criminal Procedure Code, 1973 – Section 144
- Indian Evidence Act, 1872 – Section 106
- The Disaster Management Act, 2005 – Sections 3,6 & 10
- The Essential Commodities Act, 1955
- The Essential Services Maintenance Act, 1981
States Laws
1. Uttar Pradesh Public Health & Epidemic Disease Control Ordinance, 2020
2. Uttar Pradesh Temporary Exemption from Certain Labour Laws Ordinance, 2020.
Judicial Pronouncements
The Supreme Court has shown much courage and foresight in dealing with the unique challenges presented by the COVID-19 crisis. During this lockdown Supreme Court of India take suo motu cognizance in ‘ IN RE: CONTAGION OF COVID 19 VIRUS IN PRISONS’ on dated 16/03/2020 has passed an order in a suo motu petition with regards to the release of convicts and undertrial prisoners for offenses punishable with 7 years imprisonment, on a temporary basis. It had also issued directions for hearings to be held over video-conferencing in all high courts and district courts. It also issued orders extending the limitation period to all litigants, while asking the police to provide security to health workers.
In the case of Shashank Deo Sudhi v. Union of India, Supreme Court of India passed an interim order requiring that all private laboratories conducting COVID-19 tests do so free of cost, similar to the government laboratories.
Concluding thoughts
Global cooperation, collaboration, and investment are necessary to ensure a safer future. This means a multisectoral approach to managing the problem of global disease that includes governments, industry, public and private financiers, academia, international organizations, and civil society, all of whom have responsibilities for building global public health security. The government of India is taking all necessary steps to ensure that we are prepared well to face the challenge and threat posed by the growing pandemic of COVID-19 the Corona Virus. With the active support of the people of India, we have been able to contain the spread of the virus in our country.
AUTHOR
ANJALI DIXIT
ASSISTANT PROFESSOR
FACULTY OF JURIDICAL SCIENCES
RAMA UNIVERSITY