The
Constitutional prospective
Public health is a state subject, the Concurrent
List or List-III in the Seventh Schedule of the Constitution
of India shares over 52 rules which empowers both state and centre
to enforce various rules. While the State list 6 includes Public health and
sanitation, hospitals and dispensaries, the Concurrent list 26
covers legal, medical and other professional rights. List 29 covers
prevention of the extension from one State to another of infectious or
contagious diseases or pests affecting men, animals or plants.
Besides, an epidemic is also covered under the Disaster Management Act.
Punishment
for Violation of Government Orders In Quarantine
The
Epidemic Diseases Act 1897
Due to the spread of infectious disease, Corona, the Epidemic
Diseases Act, 1897, is enforced in India. Section 3 of this act says that if
the government’s order is not followed or disobeyed, then the person may be
punished as per section 188 of IPC.
Section 188 of the Indian Penal Code says that if any person
disobeys or does not follow government orders, then he shall be punished for six
months of simple imprisonment or Rs. 1000 fine or both. Here
intention to disobey is immaterial. Whether you have the intention or not, but
if you have disobeyed, the offence is committed under section 188 of the
Indian Penal Code.
Similarly, the Section 270, which talks about any malignant
act likely to spread infection of disease dangerous to life, is punishable with
imprisonment for a term which may extend to two years, or with fine, or with
both.
Other Provisions:
Besides, the Epidemic Disease Act, there are several
other rules that can be enforced during a health emergency like the Essential
Commodities Act, NLEM, Municipal corporation acts, state
public health acts and the like which gives the government any measures to
ensure orderly public life and relief during a health emergency
International Vs Covid-19:
Saudi Arabia is reportedly imposing a fine of up to 500,000 riyals
($133,000) on people who do not disclose health-related information and
travel details at entry points and Italy imposes a fine (EUR 206;
around GBP 178) or jail (3 months) if people leave quarantine zones.
Related Current Issues:
Rajith Kumar, a college teacher and a contestant in popular TV reality
show 'Big Boss' run by actor Mohanlal for a leading Malayalam
channel was expelled for allegedly attacking a female co-contestant. Kumar
called up his 'fans' in Kerala and asked them to organize a 'royal
welcome' on his way back home from Chennai. Braving state government
directives on Covid-19 preventive measures, he was given a rousing heroic
welcome by 74 fans assembled at Kochi airport on Sunday.
Within hours, Ernakulam district collector S Suhas
directed the police to arrest all of them. Police slapped Indian Penal Code
(IPC) Sections 143, 147, 149, 188 and 283 against them. While the actor is
absconding, at least 13 supporters have been arrested. The Collector said while
the world was cautious and orders had been issued advising against gatherings,
such an incident was shameful and endangered public health.
Beware, rights as a citizen in these global emergency
times and violating public health orders can end up one in jail. Kerala has
already directed the police to arrest COVID-19 infected people kept under
isolation and home quarantine, if found roaming in public places. As per IPC
269, which is about acting carelessly to endanger the public health and
life, can lead to up to six months imprisonment and fine. In order to
identify those quarantined or infected, Maharashtra, which has the largest
number of Covid-19 infections, has started marking a stamp with date using
voting ink on the hands of the infected as part of the vigil.
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