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 An Enactment of Covid-19 Law in India

Introduction:

Corona virus disease (COVID-19) is an infectious disease caused by a newly discovered corona virus. The fatal nature of this virus made most powerful and advance countries helpless. Most of the nations are at standstill, the whole economy shattered, the educational institutions as well as administrative units got shut and in haste hundreds of countries imposed lockdown. The development of more than hundred nations was paused.  And in this way the Chinese virus which broke from Wuhan opened its dragonic mouth to shallow the all humanity of the world. At the instance of W.H.O., when actually and officially the Director General of W.H.O. on 11th March 2020, declared COVID-19 as epidemic, India also got alert an because there was no way out except locking down the whole machinery, to save its citizens valuable lives from the killer COVID-19. The national closure has been at the centre of the government’s plan to fight the COVID-19 epidemic. With businesses closed, supply chains disrupted, extensions set and contracts terminated, this work has resulted in all the sectors massive loss. Pandemic is not a word to use lightly or carelessly. It is a word that, if misused, can cause unreasonable fear, or unjustified acceptance that the fight is over, leading to unnecessary suffering and death.

Impact of corona virus on India:

We have never before seen a pandemic sparked by a corona virus. This is the first deadly pandemic caused by a corona virus. A deterrent impact of COVID-19 jolted the Indian economy, health, education, personal life and liberty.

  1. Economy: There is a big shift in the Indian economy due to very lethal virus. The quarterly GDP growth has consistently going down. Factories, markets, airlines, railways, malls, transport services, schools, colleges, and all public and private offices remained completely shut for more than 21 days and even many things are not freely open till now. Based on the studies of economists that there is a huge job loss in the country, mostly in the unorganised sectors. 
  2. Health: With the outbreak of COVID-19 in India and the combined closure, the private health sector is achieving an unprecedented decline as studied in EY-FICCI. The healthcare sector is in the process of addressing this unprecedented global pandemic challenge, and the private sector has stepped up the process, by providing the government with all the support it needs, be it testing support, arranging isolation beds for COVID-19 patients or equipment and staff in identified nodal hospitals. As the number of cases increased rapidly, there is a shortage of beds, ventilators, medical staffs in the hospitals. Although the Indian government’s tried and trying to make all possible arrangements to deal with the invisible enemy in doubt.
  3. Education: State governments across the country temporarily closed schools and colleges as a way to incorporate the spread of the novel corona virus. We are not sure when they will reopen. This is a very important time for the academic examinations in schools and colleges, the entrance to primary schools, the entrance exams for various universities and the competitive exams among them are all to be conducted during this time. The epidemic has severely affected the higher education sector, which is a critical decision for the country’s economic future.
  4. Personal life and liberty: With the commencement of the lockdown, the fundamental rights of the people are seized. Despite many initiatives are taken by the Indian governments to fight against this deadly virus. The directions issued by the government which tied the legs of the people from stepping out from their doors by imposing strict lockdown in the country.

Need of Corona virus Act, 2020:

India has invoked two statutory laws, the Disaster Management Act, 2005 and the Epidemic Diseases Act, 1897, to control and reduce corona virus outbreaks. As the situation of the country is worse in this pandemic there is a need of specific law which may be able to deal with implications of novel corona virus because according to the W.H.O. this virus will remain last long till invention of vaccine which may take so long time and social distancing, wearing mask, sanitization shall be the only way out. And economic wheel of the nation is required to be pulled –up gradually though with great care and cautioned and all safety measures for that economic activities and both public and private sectors are to be started.  For the systematic start of economy of the country we need a law which particularly based for the development of the people of the country and for the development of the entire nation in each and every sector.

In United Kingdom, a new Act has been brought which has come in force in effect from 25th March, 2020. The Act 2020 details some of the emergency powers and measures taken by the government to address the crisis. This is an Act to make provision in connection with corona virus; and for connected purposes. The Act contains total 102 sections and 29 schedules which covers pillar to post all the necessary needs for all the sectors which suffered losses. Also, in the Act there are rules and regulations which should be followed by the citizen of United Kingdom.

In India we need a similar or more improvised Corona Virus Act, in which following provisions should be mentioned:

  • There should be provisions of emergency registration of healthcare professionals.
  •  It should mandate temporary closure of educational institutions till pandemic ends for safety of children and staff.
  •  Most important provision on which it should focus is audio-visual facilities for criminal proceedings.
  •  Should provide strict punishment for conducting social gatherings, 
  • Government should provide financial assistance to industry etc.

Most of these measures have already been taken as per direction of W.H.O. in our country too. But we also need such an Act which may deal with all the aspects to fight against COVID-19, the strict measures as well as penal sections for those who avoid these measures.

Infectious Disease Regulation Act:

According the Merriam Webster dictionary, a disease (such as influenza, malaria, meningitis, rabies, or tetanus) caused by the entrance into the body of pathogenic agents or microorganisms (such as bacteria, viruses, protozoans, or fungi) which grow and multiply there, (also include deadly virus COVID-19). I would like to refer some good provisions of “Infectious Disease Act 1976” which has been revised on 31st July 2003 which with some additions specially and particularly keeping our eyes on COVID-19 be enacted so that all sections of people in India including infant, young and old people may work with all protection on the part of the government and social organizations. 

Some provisions of Infectious Disease Act, 1976 of Singapore are equally necessary to be brought in this country also. Provisions are:

  • Issuance of stay orders- Individuals who are at risk can be sent to a Government-specified accommodation facility;
  •  Both the U.K.’s and Singapore’s laws set out unambiguous conditions and legally binding obligations
  • Penal provision as per  Act,1976 of Singapore :- 
  1. in the case of a first offence, be liable on conviction to a fine not exceeding $10,000 (7,49,707 INR approx) or to imprisonment for a term not exceeding 6 months or to both; and
  2. in the case of a second or subsequent offence, be liable on conviction to a fine not exceeding $20,000 (14,99,415 INR approx) or to imprisonment for a term not exceeding 12 months or to both.
  • Penal provision as per Act, 2020 of United Kingdom: – A guilty person shall be summary conviction to a fine not exceeding level 3 on the standard scale.

Besides these a “Population Control Act” must be brought before the House of Parliament of India to make a strict law, without which in a country of 135 million people like India, population of which increases per year equal to the whole population of Australia, which will not allow our law and its applications any positive result

Special provisions of the Epidemic Act:

In India, the Epidemic Act 1897 was enacted by the British Parliament when Bubonic Plague was detected. The Act 1897 consists of four sections. As per section 2 of the Act, which provides special provisions that regulation may be imposed by the government in the event of any serious epidemic disease. Section 2A empowers central government. Section 3 provides with the penalties for disobeying the regulation made by the government under section 2 and 2A. Section 4 protects the government and its employees and officers from any prosecution, civil or criminal, for doing anything in good faith.

Provisions under Indian Penal Code (IPC):

Section 188 of IPC provides for minimum punishment of 1 month and maximum for 6 months and / or fine of Rs. 1000/- shall be imposed to the person who violates any regulations or notifications of the government. 

The violator of regulations or notifications of government during epidemic are virus carriers, so F.I.R should be lodged in cognizable offences and for that appropriate penal sections may be added by way of amendment.

Conclusion:

COVID-19 took more than 43,000 Indian lives till 08.08.2020 which is quite alarming and our government must proceed to make an efficient law to fight against this monster epidemic. In addition, the scientific advice that the Government relies in designing its response to the COVID-19 crisis and seeks to fulfill these noble obligations for strong and unprecedented measures of social distancing, isolation and quarantine are needed to maintain social well-being at large. For economic and educational institutions a proper guideline should be given by the government to move the wheel of progress smoothly.

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