COVID-19 law
1. The nationwide lockdown has been central to the government’s strategy to combat the COVID-19 pandemic.
2. The lockdown exercise has caused unprecedented economic losses to the organized sector.
3. In the unorganized sector, there has been a complete breakdown with little or no legal recourse for those affected.
4. The lockdown has helped contain community spread of the disease, but a legal and legislative audit of this exercise has evaded scrutiny.
Present laws
1. NDMA 2005
a. The lockdown has been carried out by State governments and district authorities on the directions of the Union Ministry of Home Affairs under the Disaster Management Act of 2005.
b. Invoking Disaster Management Act has allowed the Union government to communicate seamlessly with the States.
c. This was intended to provide for the effective management of disasters and for other related matters.
d. Under the Act, the National Disaster Management Authority (NDMA) was set up under the leadership of the Prime Minister, and the National Executive Committee (NEA) chaired by the Home Secretary.
e. The NDMA and NEA directed the Union Ministries, State governments and authorities to take effective measures to prevent the spread of COVID-19, and laid out guidelines on the functioning of services and establishments during the lockdown.
2. Epidemic Diseases Act 1897
The State governments and authorities exercised powers under the Epidemic Diseases Act of 1897 to issue further directions.
Challenges
1. The NDMA Act was not originally intended to address the threat of a pandemic.
2. The Epidemic Diseases Act reveals lack of requisite diligence and responsiveness of government authorities in providing novel and innovative policy solutions to address a 21st-century problem.
3. Any violation of the orders passed would be prosecutable under Section 188 of the Indian Penal Code. This is a very ineffective and broad provision dealing with disobedience of an order issued by a public servant.
4. Proceedings under Section 188 can only be initiated by private complaint and not through a First Information Report.
5. Offences arising out of these guidelines and orders have a weak basis in terms of criminal jurisdiction thereby weakening the objectives of the lockdown.
UK and Singapore’s New Law
1. The U.K. enacted the Coronavirus Act, 2020, comprehensive legislation dealing with all issues like emergency registration of healthcare professionals to financial assistance to industries.
2. Singapore passed the Infectious Diseases Regulations, 2020, providing for issuance of stay orders that can send ‘at-risk individuals’ to a government-specified accommodation facility.
3. Both these laws set out unambiguous conditions and legally binding obligations.
Way forward
1. The Union government should consider promulgating ordinances.
2. These circumstances call out for legislative leadership, to assist and empower States to overcome COVID-19 and to revive their economic, education and public health sectors.
Source: Indian Express
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