Abstract

When the world sleeps, India will awake for its freedom, was altogether a different path, post that now was the scenario, because of which we got united, but not in a mass gathering, instead by “Social Distancing”. India learned from the world, that this epidemic has been the base parameter, for the renowned agency such as the WHO to declare a global emergency, and the way head of the State as well as certain governments effected by the colour of office, or physically, made some sort of compulsion on our government’s cabinet that at the time when we are on the track of fastest growing economy, we cannot let this epidemic to hinder our vision and dreams, based on those principles, and momentum, we had to apply the doctrine of precautionary measure, for which the state at some parts applied Section 144 of the CrPC, and other way where the situation could be controlled otherwise, request was the alternative there.

KEYWORDS: Un-interrupted, Lockdown, Absolute, Status-Quo, Hearsay, Epidemic. 

Introduction

The head of the most powerful nation calls this as a Chinese virus, which is true but is kind of defamatory as well, some people say it is a big conspiracy, and some people say, it is a situation of emergency and could have been with any nation as the epicenter of the same.

Well because nothing is backed by any sort of cogent evidence till now, so we can only call it a hearsay, and rather than wasting this precious time, we have to help the needy who are effected maximum by this situation, such as—

  1. People who are stuck in the foreign lands; or 
  2. Landless laborers who are merely dependant on daily wage, and have no sort of extra currency to deal with such situations; or
  3. Even the religious pilgrims or blind followers who in the name of religion easily get abetted and hypnotized; or
  4. Ignorant population, which takes time to comprehend the decisive measures adopted by the government, etc.

In furtherance of the same, there are a multiple personalities, agencies, organizations, which are mutually inclusive with the efforts of the government, and some are governmental and some are non-governmental, but have a common intention, which is to prima-facie help the deserving, counsel the deprived, and plan and execute measures with some sort of aid in order to run this lockdown safely and fruitfully, because in the first instance PM, at the time of asking 21 days, gave a warning signal also that, if not 21 days then we are bound to go 21 years behind in order to curb this epidemic and ruining the lives of coming generations.

Namaste- a global salutation mode

In context of this epidemic, when the globe was not well versed as to how to deal, and lockdown was not recognized, the trend of Namaste began and people including the so called Royals left their culture of shaking hands and adopted the traditional culture of the India “Namaste” which was spread by our nationals and accepted by the world; this was the most positive gesture, rather a sort of blessing in disguise for every Indian National who has planted patriotism within.

Is 21 day lockdown sufficient to save 1.3 billion.

For the first time, the PM asked for staying at home and announced an exception lockdown where the slogans such as, “Stay Homes, Stay Lives” came into existence and doctors, cops, essential service providers have slogans such as “We are at work for you, and you stay at home for us” was an amazing campaign where people were restrained not only for personal benefit, instead for a societal benefit, and right in personam, gradually became a right in rem.

On the other hand, there are other eminent personalities who are definitely Indians by origination, but are Cambridge academics, Mr. Rajesh Singh and Ronojoy Adhikari who are of the opinion, that 21 days are less, this should be of at least 49 uninterrupted lockdown days in order to prevail social distancing in absolute terms, otherwise this 21 day status-quo can also be proved as a wasteful activity; based on these statements a prudent person can naturally come into the state on havoc and government has a primary duty to act in accordance to what is required, and if the duration will have to expand, the I guess the Executive Machinery has inherent powers guaranteed by the Constitution of India to take the necessary measures.

Increase of 19 Day Lockdown.

Based on the PM’s 10 AM address to the nation, it was evident from his oration, that at the need of the hour, the country had to unite, with a common objective, with a common intention, in which no matter what the political ideology is, but the State and Centre had to collide in order to fight this keeping in mind the formulae of Social Distancing.

There had been a horrific incidence in West Bengal wherein the CM Mamata Banerjee declined to accept Orange PPs for the doctors just because the colour of the dress was orange and was anti to her party’s blue colour, that action was criticized, though not explicitly told, but in implied terms, the PM made a multiple things clear as to the current weak from 14th day of April onwards would be as an observation period wherein the essential goods producing units will commence which will confine the production staff in their premises only and along with that the production shall not be hindered and at the same time the needy gets resources to fill stomach and country’s demands also meet in this tough time and the PM also said, at any time, if some hap-hazard is acknowledged, then the same will be cancelled and the lockdown will take place in absolute terms as it was the last 21 days.

Epidemic Diseases Act, 1897

The secretary as its advisory jurisdiction has advise the states to enact the provision, which is namely, Section-2 of the same statute, which has not been used since the last 123 years or we can say from the time it was founded.

This situation arose once the mark of death toll of 70 was crossed which made the parliamentarians believe that the situation is quite grave and if not now, then there won’t be actually a need.

The statutory provision as embraced aforesaid, reads out as—

And if the aforesaid provision is violated, then the punishment section is the successor of the same, which is Section-3, and it reads out as—

Penalty: Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code (45 of 1860 ).

And going by the Penal Code, have a look as to what does Section 188 of the Substantive, Indian Penal Code, 1860 wants to convey—

Disobedience to order duly promulgated by public servant.—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 …

So, going by the aforesaid statutory chain, any prudent person can easily comprehend the intention of the legislature, as to status-quo is required from the people at large and by their minimum interference the people who are under their colour of office, who left their family at home and have come to their duty could at least do what has been asked by them, and by this the umbrella is not restricted to security personals or the cops, the ambit is far wider, which includes everyone who is serving, and the least we have to do is to not come out of the homes, as said by the PM, “don’t cross the Laxman-Rekha”.

6 steps which shall be adopted by all: WHO Director

In order to curb the pandemic there is no alternate to the following, the situation is more like a do or die, and considering the situation of many European nations, the result is quite evident, as in a developed nation with one of the best health care facility, recently accepted the defeat against the novel COVID-19.

 The steps are as follows—

  1. Expand train and deploy your public health force.
  2. Implement a system to find every suspected case.
  3. Ramp up testing capacity and availability.
  4. Identify and adapt key facilities you will use to treat and isolate patients.
  5. Develop a clear plan to quarantine contracts.
  6. Refocus the whole of government on suppression and containing COVID-19.

Violation of Lockdown: India

Despite numerous requests by the Prime Minister, a multiple support, global appreciation, still offenders of the same also get quite evident, the context on which I am pointing on are the 2 last major havoc creating situations—

  1. Crowd at Anand Vihar Bus Stand, Delhi after borders getting sealed.
  2. Tabhlighi Jamaat meet turns COVID-19 super spreader.

The whole purpose of lockdown, social distancing, isolation, etc. which are the only remedial actions from COVID-19 is defeated by violating norms of lockdown. People are not understanding the gravity of the problem, how serious ripple effects can be, since the majority of people in India is not educated enough who can understand the consequences of violations of law. The implementation of law in India is very relaxed and soft; these people take it for granted. 

The basic structure because of which religion came in to existence was that, in ancient times the sovereign took the help of religion to frighten people to obey law on the sovereign’s terms. 

But the brain of many has not modernized till now, they have been programmed in such an orthodox manner that they believe in what their religious leaders convey to them without comprehending the relevance of the same; still in this 21st century, the majority of people are like that who can be dictated or lead by rule of religion.  Their roots of faith in religion are stronger than faith in constitution. The political framework or constitution does not impact these people against religion. If we want to create an atmosphere in which everyone should respect constitution, then the punishments against violators of law shall be stringent. There is no alternative to the adherence of lockdown seriously by each and every Indian.

Once the Republic of India has been made, then Constitution shall be the first religion as Nationalists then the personal religion may come into force as per the preference, because we all have to live on a common soil and we cannot do anything which hinders the lives of fellow countrymen.

Conclusion

We need to understand from country such as Italy which has been through so much pain because of the pandemic that the head of the government wasn’t left with anything to speak, and even being the devastated and world’s largest population, in terms of the area of the country, if we have been able to procure the number of active cases till 996, before this Tabhlighi Jamaat incidence means a certificate of appreciation, because I can assure had it been any other cabinet, or controller, the situation of India would have been so worse that forget development, to bring us back to this position, would have taken another century.

Hope you comprehend my feelings through this platform and pledge to minimize the flow of the pandemic by standing with what government asks us for.

About the author

Bharatt Groverr writes;

I am a law student, having an inclination in preserving rights of the deserving, at least the fundamental rights which are guaranteed by the State; having been said that, still because of backwardness there are aggrieved parties in abundance, some because of ignorance and rest because they feel there is no other remedy. In order to curb that, I believe that criticism per-se can only be tolerated when it is done with a bona-fide intention, what we observe nowadays, is that ruling party in the Center is facing merely heckling, I condemn such hogwash approach, and I try with best of my ability to wake and ignite the masses through my writings.

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