Introduction

In 2020, the outbreak of COVID-19 had brought the globe to its knee. This pandemic has made the nation to shut its doors of economy and development. The government has to act actively to tackle with this virus. But from where the Government derives its ascendancy to act in a way it is acting, i.e. putting restrictions on its denizen’s movement, quarantines, lockdowns, social distancing, etc. It is no doubt true that no authority can take action without taking its guise from the legislation. It must take action de jure. This article deals with such legislation called Disaster Management Act, 2005; by which the government extracted its authority to impose restrictions, lockdowns, and more. Further, it deals with the powers and scope of the said act and its applicability concerning COVID-19.

Powers of Government allocated under Disaster Management Act, 2005

The present national lockdown was imposed under Disaster Management Act, 2005 as per Order dated 24-03-2020 of NDMA to take measures for ensuring social distancing so as to prevent the spread of COVID 19. It is one of the longest lockdown in the Indian History. Further, the additional guidelines were issued on the same day by the Ministry of Home Affairs, being the Ministry having administrative control of disaster management. The Central and state governments were notifying Covid-19 management orders under the Epidemic Disease Act, 1897 which was envisaged to prevent spread of a disease (and through sea). As per the Section 3 of the Epidemic Diseases Act there are penalties for disobeying any regulation or order made under the Act will attract the simple imprisonment for 6 months or fine of ₹1000 or both.

There are various provisions under the said act under which the powers are allocated to the government to act accordingly in such situations. Under Section 6 of the Disaster Management Act, 2005, NDMA inter alia mandated to issue guidelines for preparing action plans for holistic and coordinated management of all disasters. Section 6 of the National Disaster Management Act, 2005 lays down policies, plans and guidelines for management of disaster. Moreover, Section 6 (3) of DM Act lays down that “In order to achieve all these, the prime minister can exercise all powers of NDMA” The Central Government, irrespective of any law in force (including over-riding powers) can issue any directions to any authority anywhere in India to facilitate or assist in the disaster management. Importantly, any such directions issued by Central Government and NDMA must necessarily be followed the Union Ministries, State Governments and State Disaster Management Authorities. To alleviate social sufferings, NDMA/SDMA are mandated to provide ‘minimum standard of relief’ to disaster affected persons. Subsequently Section 13 Of Disaster Management Act includes the relief in repayment of loans or grant of fresh loans on concessional terms.

Inter Alia, Under Section 188 of IPC, the States have also enough legal power in dealing with this biological disaster, followed by Section 270 of IPC which includes the punishments for disobeying order of a public servant and malignant act likely to spread infection of disease dangerous to life. For Instance, in Tamil Nadu the police here invoked Section 54 of the said act for violating the restrictions in lockdown and arrested two person. “We have booked him under Section 54 of the Disaster Management Act, for creating a false alarm on a disaster with a view to creating panic,” Superintendent of Police N. Manivannan said.

MS Reddy, former vice-chairman of National Disaster Management Authority (NDMA), said “The disaster law provides all powers to the state to deal with any disaster, including a biological one. The authority has protocols to deal with biological or epidemiological disasters such as Covid-19, for which special isolated health facilities have to be created.”

Guidelines on Management of Biological Disasters, 2008

The National Disaster Management in its guidelines issued in 2008 highlights the importance of citizen’s health as a State subject. It states that the health is one of the major issue which a nation should always be concerned of. A nation can flourish only if its citizens are healthy and efficient. In the National Disaster Management Guidelines on Management of Biological Disasters, [2008; p-12] the importance of health is elaborated as- “According to the constitution, health is a state subject. The primary responsibility of dealing with biological disasters rests with the state government. There are a number of legislations that control and govern the nation’s health policies. The government can enforce these legislations to contain the spread of diseases… They deal with the subject in a balanced and thorough manner and give the information required by organizations to formulate Standard Operating Procedures (SOPs) at various levels.”

The 73rd Constitutional Amendment mandates setting up of health and sanitation committees in each village, the most peripheral body at the grass-root level, to take decisions on health matters for the community.8 The Epidemic Diseases Act (Act 111 of 1897) provides the states the authority to designate any of its officers or agencies to take measures for the prevention and control of epidemics for ‘better prevention and spread of dangerous epidemic diseases’.

Subsequently, the 2019 National Disaster Management Plan, issued also deals extensively with Biological Disaster and Health Emergency. This is the broad legal framework within which activities to contain COVID-19 are being carried out by the Union and State governments.

Conclusion

Today, the whole world is fighting with this virus and implementing the laws for the welfare of its citizens. “China which had similarly threatened execution and long jail sentences during the 2002-03 SARS epidemic for anyone avoiding quarantine and spreading the disease has said it would severely punish 36 crimes related to the prevention and control of the epidemic in accordance with the law, in which violators could face the death penalty. According to the Centre for Disease Control and Prevention in US, ‘federal, state, or local public health orders may be issued to enforce isolation, quarantine or conditional release’.” In Indian also, the government is using its authority to restrict the citizen’s movements. Various measures have been taken to decrease the graph of COVID-19 counts in India. The Epidemic Diseases Act, 1897, which is currently enforced in India, lays down punishment as per Section 188 of the IPC for flouting such orders. “We are fighting an infectious disease. In order to protect ourselves and others, it is highly importantthat we follow all the protocols, guidelines and directions issued by the government, failing which may lead to legal actions u/s 188 of IPC,” said Lav Aggarwal, joint secretary, ministry of health and family welfare. Hence, we all need to understand the magnitude of the catastrophe that awaits us if we disregard the precautionary measures mandated by the State.

Author: Sakshee Sahay, Legal Intern at Legal Desire (June2020)

Sakshee Sahay is Second Year Law Student (Five Year Integrated B.A. L.LB. Hons.) from Central University of South Bihar. Her interest is tilted towards the Research Work and Content Writing. She wants to make her career in the field of Corporate Law.