Whenever there is an epidemic outbreak the nation will issue a proclamation of emergency. Such an emergency will be different in various forms. Some countries will have a unified emergency immediately suspending all activities, Indian laws are being used during the lockdown, these are made especially for the moments of crisis.
Disaster Management Act 2005
The Indian subcontinent has its own laws Disaster Management Act 2005, Epidemic Diseases Act 1897 etc. to contain and maintain under control when there is a huge problem. There are various other statutes supporting the lockdown such as Indian Penal Code, Industrial Disputes Act. The idea of the invoking these statutes is to prevent the spread of epidemic diseases during which the ordinary provisions of various legislative acts are insufficient to administer and to look upon the matter.
Revoking Article 19(b)
Before all this the first and foremost law to be checked by the Government for the lockdown is the imposition of restriction in Freedom of Movement guaranteed under Article 19(b) and (d) of the Constitution of India. The basic necessity of lockdown in 2020 is to contain the disease of Covid-19 and to secure the life of all citizens. The lockdown not only restricts Freedom of Movement but also restricts Freedom of Trade and Business.
Invocation of emergency provisions
Another way of response towards lockdown is the initiation or invocation of emergency provisions structured in the Constitution of India under Article 352, Article 356 and Article 360. The emergency provision can be invoked by the President by exercising his wide constitutional powers laid in Article 53, 54, 73, 74.
When the lockdown applies for the whole country it even applies for the Airports and Ports of the country. Similar restrictions are even applicable to these areas. Indian Aircraft (Health Rules) 1954 and The Indian Port Health Rules 1955 have stated these rules where during the lockdown the services will be terminated temporarily according to Rule 5,6,7 of Indian Port Health Rules 1955 and Rule 8A, 9 of Indian Aircraft (Health Rules) 1954.
The lockdown does not include the Section 144 of Code of Criminal Procedure because during the emergency a disaster management team is formed under three tier such as National Disaster Management Authority, State Disaster Management Authority and District Level Management Authority and combining the three authority under one supervision by The Prime Minister of the country.
STATUTES AND ITS STRICTNESS IN ITS PENALISATION
Such as mentioned before several statutes help these legislative provisions in order to make the imposed restrictions even more strict to penalize the citizens if they go against the lockdown. Indian Penal Code is one of the adjoining statutes where three important sections such as Section 188 which is therein prescribed in epidemic diseases act and Section 269 (Negligent act likely to spread infection of disease dangerous to life) and Section 270 (Malignant act likely to spread infection of disease dangerous to life) supported with Section 271 (Disobedience to quarantine rule).
Section 188 of Indian Penal Code states that Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,
Shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;
And if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Such interpretation of this provisions suits to both State as well as Centre to take action during the lockdown.
The Disaster Management Act 2005 also deals with certain penal provisions from Sections 51 to 60 where during the battle against the epidemic disease if someone acts against the Management Authority or against the countries policies.
BUSINESS MEASURES IN ORDER TO TACKLE THE ECONOMY LOSS IN LOCKDOWN
Several measures were taken to subsidise the economies key factors such as retail business and major profitable business arena. Similarly, employee benefits are also awarded by both the Government and Companies to their employees. Such measures and necessary provisions are also enumerated in these provisions.
The Disaster Management Act 2005 gives some relief to the individual in Section 13 where The National Authority may, in cases of disasters of severe magnitude, recommend relief in repayment of loans or for grant of fresh loans to the persons affected by disaster on such concessional terms as may be appropriate.
The Industrial Disputes Act 1947 was also amended in 1982 to mobilize the resources to labours and employees which came into force on twenty first day of August 1984.
The workmen and employees are also given many tax benefits in the acts. Section 25C of Industrial Disputes Act gives compensation to them during these Lay off which defined under Section 2(kkk) of the Act.