This article is written by Aarti Tiwari, from Ramaiah Institute of Legal Studies, Bangalore.

Introduction

The outbreak of coronavirus disease, rolled across the globe, has pushed nations to declare a health emergency situation and has left many countries struggling to contain the spread of the virus. With no vaccine at present, the indiscriminate wrath on one nation is being taken as a lesson by the other countries by putting in place emergent measures to confine the outbreak. The Federal Government of the United States took several measures ranging from health and safety of its people by restricting travel and transportation to managing the financial impact by extending the deadlines for payment of federal taxes and also proposed email filing in courts. Similar measures have been taken by other nations as well, ranging from travel restriction to maintain social distancing by adopting various methods. The same need not be discussed in the present article keeping in view the subject matter. In light of the title of the present article, I would be highlighting measures taken by the government of India and the unique approach adopted for strict implementation of such measures in light with special focus on penal liabilities.

Since the virus is contagious, measures like social distancing, work from home, use of hand rubs, soaps etc., have been advised to prevent the spreading. India being the second most populous country in the world announced slew of measures.

At present and in the prevailing circumstances, the Government has invoked provisions under the Epidemic Diseases Act, 1897, National Disaster Management Act, 2005 and correlating provisions of Indian Penal Code. The aforesaid acts with ‘there specific objectives’ contain/prescribed penal liabilities. Therefore, it becomes imperative to know what lurks out for a common man in this situation and what is the criminal liability which a person would be inviting in the present scenario. An attempt has been made in this short write-up/ article to discuss such provisions.

Covid-19 in India and Criminal Liabilities

India with a population of 1.33 billion people and an area of 3.287 million km2 is the second most populous nation in the world, has taken strict measures to curb this spread of virus. It is a matter of fact and clearly visible from data available that countries with low populations are reporting such a huge surge of COVID cases. With such a huge density of population, as reflected above it would not require rocket science approach to determine the disaster which would occur on citizens had emergent measures were not taken by the administration. Perhaps it is with the underlying theme that several states imposed curfew in their respective jurisdiction followed by nationwide “Janta curfew” imposed by the Government of India. It is a big hurdle for India with such a massive population to control the spread of the virus. Having its first reported case in Kerala and in view of the rising number of cases in other parts of the country. The Government of India imposed the nationwide lockdown for a good period of 21 days. The lockdown, for a layman, would seem to be shutting off all operation and maintaining social distancing. However, the term lockdown owes its origin to the National Disaster Management Act, 2005 [hereinafter referred to as “the Act of 2005”] which was invoked by the Government of India. Similarly, provisions of the Epidemic Disease Act, 1897 [hereinafter referred to as “the Act of 1897”] were invoked by various State Governments and relevant rules were brought in force. The lockdown mandated people to maintain social distancing/physical distancing, restricting the movement of people from one place on another. 

The notification imposing lockdown contained measures/guidelines which were supposed to be followed by each and every individual. Consequently all the shops, educational and other institutions, shopping malls, restaurants and workplaces were shut and both interstate and intra state transportation was put on hold. 

It is important to know what lies under the Act of 2005 and the Act of 1897 and what would be the consequence of application of both the acts in the present scenario, keeping in view the fact that lockdown was imposed by virtue of the said acts.

What is the Act of 2005?

Under Act of 2005, the term ‘Disaster’ means a calamity or grave occurrence in any area, arising from the natural or man-made cause, or by accident or negligence, resulting in substantial loss of life or human suffering or damage to property or environment.

The acts contain the penal provisions for its violation and the violators will be inviting jail terms under the Act of 2005.

Chapter 10 of the Act of 2005 prescribed offences and penalties which are essentially discussed from Section 51-58 of the act which are discussed hereinbelow:

• Section 51 states that whoever without any reasonable cause, interferes or declines to comply with the employee of Center/State government or National/State/District Authority, shall be punished with imprisonment which may extend to a year, or fine, or both. If the ignorance of law results in the loss of life or imminent danger to someone then the imprisonment will extend to two years.
• Section 52 states that whoever knowingly makes a claim believing it to be false for obtaining a benefit, from the officers of the Central/State government or National/State/District Authority, shall be punished with imprisonment which may extend to two years with fine.
• Section 53 states that whoever is entrusted with money or goods, meant for providing relief in any threatening disaster situation or disaster, uses for his benefit or compel any other person to do so, shall be punished with imprisonment, which may extend for two years with fine.
• Section 54 states that whoever makes or circulates false alarm or warning as to disaster, leading to panic, shall be convicted of imprisonment for a term which may extend to one year and fine also. 
• Section 55 subsection (i) states that if any department of the government commits an offense under this Act, the Head of the Department shall be deemed guilty of an offense and shall be punished accordingly unless declared innocent. Furthermore, as per sub-clause (ii), if any Department of Government commits an offense under this Act and it is proved that the offense has taken place under his supervision, other than the Head of the Department, the officer will be punished accordingly.
• Section 56 states that any officer, under this Act who refuses to perform his duty imposed on him, without the written letter to a superior officer or lawful excuse, shall be punishable with imprisonment which may extend up to one year with fine.
• Section 57 states that if a person breaks any rule or order under Section 65, shall be punishable with imprisonment which may extend to one year or fine or both.  
• Section 58 sub section (i) states that if an offense under this Act is committed by a company or by a corporate body, every person who at the time of the offense was committed was in charge or responsible for the company, shall be punishable accordingly, unless proven innocent. Furthermore, as per sub-section (ii) if an offense under this Act is committed by the company, and it is proved that the offense was committed with the consent of any director, manager, secretary or any other officer, will be punished accordingly.

What is the Epidemic Disease Act, 1897?

The Act of 1897 is a century old legislation which was enacted to provide for the prevention of the spread of the dangerous epidemic diseases. The act gives power to both, the central as well as the state government to take such measures when it is satisfied that, any part of it is exposed to an outbreak of an epidemic, or threatened, and the ordinary provisions of laws are insufficient then the government can take measures and prescribe rules for inspection of any person disobeying the enacted/passes under this Act. It mandates that in case any Rules/Orders passed under this Act are disobeyed then the violator shall be deemed to have committed an offense punishable under Section 188 of Indian Penal Code, 1860. Section 188 prescribes punishment with simple imprisonment for a term which may extend to one month or fine which may extend to Rs.200 or with both. Moreover, if such disobedience causes danger to human life, safety, or causes a riot, it shall be punished with imprisonment of either kind for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

In addition to the aforesaid sections, provisions under the Indian Penal Code 1860 would also be attracted. Section 269 of the IPC prescribes punishment for negligent actions which may spread infection of any disease, thereby threatening human life, which is punishable with imprisonment which may extend to six months and/or fine. Further, Section 270 is a more serious offence than the one prescribed under Section 269. It imposes punishment for malignant actions which may spread any disease dangerous to life. The punishment under this section may extend to two years imprisonment and/or fine.

Conclusion

As a concluding remark, it is suggested that in the present situation the violation of rules would not only attract serious penal consequences but would also carry serious potential to endanger the society at large since the virus is contagious and as the study suggests, it takes a good amount of time before the symptoms occur in a human being. In the current scenario, falling trap to legal action would make situation extremely difficult for the violators and their dependents keeping in view the fact that once the lockdown is called off, the country will be facing a great economic challenge and therefore, while people do require prompt support of the Government and its administration for fulfilling their basic needs, one should caution before doing any such act which could potentially violate the existing laws.

References

• Coronavirus Overview, World Health Organization;  https://www.who.int/healthtopics/coronavirus#tab=tab last visited on 5th April, 2020
• Sourced from the Official website of the United States Government; https://www.usa.gov/coronavirus last visited on 5th April, 2020
• https://www.worldometers.info/coronavirus/ last accessed on 19th April, 2020
• https://www.mha.gov.in/sites/default/files/MHAorder%20copy.pdf last accessed on 19th April 2020
• Section 2(d) of the National Disaster Management Act, 2005
• Section 2 and 2A of Epidemic Disease Act, 1897
• Section 269 of Indian Penal Code, 1860
• Section 270 of Indian Penal Code, 1860

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join:

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.