COVID-19| UPDATES - MEASURES BY VARIOUS STATE GOVERNMENTS
The delivery and administration of health care largely rests with
individual states in India as health care is a state subject. In view of the
fact that World Health Organization on March 11, 2020, declared the coronavirus
(“COVID-19”) outbreak to be a pandemic, the Government of India, on March 11,
2020, decided that all States/UTs should be advised by the Ministry of Health
and Family Welfare (“MoHFW”) to invoke provisions of Section 2 of Epidemic
Disease Act, 1897 (“ED Act”)so that all advisories being issued from time to
time by the MoHFWare enforceable.[1]
The Epidemic Disease Act provides for the better prevention of the spread
of “Dangerous Epidemic Diseases”. However, the term is not defined under the Act.
Sections 2 and Section 2-A of the Act, for the outbreak of any dangerous
epidemic disease and under the ordinary provisions of law for the time being in
force are insufficient for the purpose, confer powers on the State Governments and
Central Governments to take special measures and formulate requisite regulations
that are to be observed by the public.
With effect to that, the Governments of Haryana, Karnataka, Himachal
Pradesh and Odisha, with the objective of preventing the outbreak have invoked
the provisions of the Act and issued specific regulations in respect of
COVID-19.
LEGISLATIVE
FRAMEWORK
The Government of Haryana, on March 11, 2020, in exercise of its powers
under the ED Act released “The Haryana Epidemic Diseases, COVID-19 Regulations,
2020” (Haryana Regulations).[2]
The Haryana Regulations define the role of health officials, public and
patients to mitigate the growing threat of COVID-19 in Haryana.
The Governments of Karnataka and Himachal Pradesh have also released “The
Karnataka Epidemic Diseases, COVID-19 Regulations, 2020” (Karnataka
Regulations) and “The Himachal Pradesh Epidemic Disease, COVID-19 Regulations,
2020” (HP Regulations)[3]on
March 11, 2020. Similarly, the government of Odisha has released “The Odisha
COVID-19 Regulations, 2020” (Odisha Regulations) on March 13, 2020. 2.1. The
Haryana Regulations, the Karnataka Regulations and the Odisha Regulations
The Haryana Regulations, the Karnataka Regulations and the Odisha
Regulations (collectively referred as ‘Regulations’) set out detailed
guidelines to be followed by hospitals and testing laboratories. Some of the
common aspects covered under the Regulations are as follows:
(i)
The
Regulations will be in effect for a period of one (1) year.
(ii)
The
Regulations (except the Odisha Regulations) define an “Epidemic Disease‟ to
include COVID-19.
(iii)
The
Regulations stipulate that no person, institute or organization should use any
print or electronic media for spreading incorrect information regarding
COVID-19 and treat the violation of this stipulation as a punishable offence
there under.
(iv)
The
Regulations further grant the District Administration or other concerned
authorities of the concerned district to implement containment measures to
prevent spread of disease like closure of schools, offices and ban public
gatherings, bar entry and exit of the population from a containment area,
isolate all suspected cases in hospitals, adopt any other measure as directed
by concerned health department of the concerned state government, etc.
(v)
The
Regulations prescribe that all hospitals (government and private) should record
the travel history of the person to any country area where COVID-19 has been
reported or if the person has come in contact with a suspected or confirmed
case of COVID-19.
In case a person has such a history in last
fourteen (14) days and is asymptomatic, then the person must be kept in home
quarantine for a specified period from the date of exposure. Additionally, the
Odisha Regulations mandates such persons to abide by the “Home Quarantine
Guidelines” issued by MoHFW.[4]
However, if the person is found to be symptomatic, then that person must be
isolated in the hospital and tested for COVID-19 as per the protocol.
Information of all such cases should be given to the designated authorities.[5]
(vi)
The
Regulations also provide that all person with a history of travel to a country
or area from where COVID-19 has been reported in last fourteen (14) days, but
who do not have any symptoms of cough, fever, difficulty in breathing should
isolate themselves at home and cover their mouth and nose with a mask. Such
persons must take precautions to avoid contact with any person including family
members for fourteen (14) days from date of arrival from such area.
(vii)
The
Regulations also impose an obligation on any person with a travel history in
the last The Haryana Regulations and the Odisha Regulations prescribes a
quarantine period of fourteen (14) days while the Karnataka Regulations
prescribes a quarantine period of twenty eight (28) days.
Under the
Karnataka regulations, the authority is office of district and family welfare
of the concerned district, under the Haryana Regulations the authority is the
Civil Surgeon of The District and under the Odisha Regulations the authority is
State Integrated Disease Surveillance Unit and Collector of the District/Local
Municipal.
Fourteen
(14) days to a country or area from where COVID-19 has been reported, to report
to the nearest government hospital or call a toll-free helpline number so that
necessary action may be taken.
(viii)
The
Regulations mandate all hospitals (government or private) to have flu/COVID-19
corners for screening of suspected cases of COVID-19.
(ix)
The
Regulations prescribe that no private laboratories have been authorized to
undertake COVID-19 tests and the tests will be undertaken only at government
designated labs.
(x)
The
Regulation penalises any person, institute or organization which/who has
committed an offence under Section 188 of the Indian Penal Code, 1860.[6]
(xi)
The
Regulations further empower the Additional Chief Secretary of Health and the
Deputy Commissioner of the District or other empowered officers to penalize any
person or organization violating the Regulations or any order(s) issued by the
respective Governments there under.
The HP Regulations Unlike the Regulations, the HP
Regulations have limited provisions. Some of the relevant aspects covered under
the HP Regulations are as follows:
(i)
While HP Regulations provide the effective
date as March 11, 2020, it is silent on the term.
(ii)
The HP
Regulations also define an „Epidemic Disease‟ to include COVID-19.
(iii)
The HP
Regulations grant powers to the concerned District Magistrate or Additional
District Magistrate or Sub Divisional Magistrate, having jurisdiction and
specially authorized, to initiate proceedings against any individual or owner
of any premises under Section 133 of the Code of Criminal Procedure, 1973[7],
in case the individual or owner of any premises is suspected with COVID-19 and
refuses to take appropriate measures for prevention or treatment.
(iv)
Duties
have been laid down for medial officers (both government and private) to notify
the concerned authority about individuals who have travel history to COVID-19
affected countries and who are symptomatic and asymptomatic.
Section 188 penalises disobedience of an order duly
promulgated by a public servant with imprisonment up to a term of one (1)
month, or six (6) months if the disobedience causes danger to human life,
health or safety, and/or fine, which may extend up to INR 1,000 (Indian Rupees
One Thousand). Section 133 of the Code of Criminal Procedure, 1973 empowers
District Magistrate or Sub-Divisional Magistrate to take measures (as
prescribed) to stop public nuisance.
The HP Regulations grant powers to “Surveillance
Personnel”[8]
to enter, inquire and undertake examination of individuals suspected with
symptoms of COVID-19. The surveillance personnel also have the power to put
individuals under home quarantine or direct/escort them to designated isolation
facility.
(v)
The HP Regulations penalize any person,
institute or organization which/who has committed an offence under Section 188
of the Indian Penal Code, 1860.
Precautionary measures by Commissioner, Bruhat
Bangalore MahanagaraPalike In order to prevent the spread of COVID-19, the
Office Of The Commissioner, Bruhat Bangalore MahanagaraPalike (“BBMP”) , acting
in pursuance of directions issued by the Commissioner, Health and Family
Welfare has issued a circular dated March 13, 2020 (“Circular”). The Circular
lists various actions that needs to be taken with effect from March 14, 2020
for a period of one (1) week till March 23, 2020.
Actions/restrictions listed in the Circular are as
follows:
(i)
Places of
mass gatherings like cinema theaters, malls, marriage halls, night-clubs etc.
to be closed.
(ii)
Schools,
colleges, universities and coaching classes to be closed.
(iii)
Swimming
pools and multi-sports facilities to be closed.
(iv)
Major
sports events being held in stadiums like cricket, football, hockey will be
cancelled.
(v)
Conferences,
workshops, marriages, jathras, etc. involving big gatherings will be cancelled.
(vi)
All
summer camps, meetings, workshops including international conferences should be
cancelled.
(vii)
Additional
sanitation measures should be taken at all Government residential hostels.
(viii)
Private
hospitals to report suspected COVID-19 cases immediately to the health
department.
(ix)
IT/BT
companies to be advised to allow their employees to work from home and avoid
international travel.
The Himachal Pradesh Regulations define
surveillance personnel as any personnel designated by the District Magistrate
of the respective District to discharge such functions, duties and
responsibilities as are considered necessary for the purpose of these
regulations. The BBMP is the administrative body responsible for civic
amenities and infrastructural assets of the Greater Bangalore metropolitan
area.[9]
OTHER
MEASURES
State Governments of Haryana, Karnataka Himachal
Pradesh and Odisha are amongst the first few states to have issued specific
circulars/notifications. Similarly, the State Governments of Delhi, Maharashtra
and Gujarat, exercising their powers under the ED Act, have also issued their
respective regulations.10 We expect other states to follow the suit and issue
similar regulations. Additionally, various State governments have been
attempting various containment measures viz. Government of Kerala has reported
to have cancelled all public functions scheduled in March 2020, urged people to
cancel weddings and other events that could invite mass gatherings, closed
schools, colleges and movie theaters until March 31, 2020. Similar measures
have also been adopted by other states including Telangana and Madhya Pradesh.
The BBMP in Bangalore for instance, while not issuing a direction, has advised
IT/BT companies to allow their employees to work from home for a week. In addition
to the State governments, the Supreme Court of India, considering the
importance of safety measures, has notified that the apex court will have limited
functioning, restricted to urgent matters only. It has also notified that no
person except the lawyers who are going to act in the matter, i.e. either for
argument or for making oral submissions or to assist along with one litigant
only, shall be permitted in the court room.
CONCLUSION
Therefore, it can be seen that the condition in
India is still Pandemic despite taking of severe measures. The ultimate
measures taken by the government is to endorse curfew on people. They are not
to be taken as pseudo-precautionary measures after observing the conditions in
Italy and other European countries. For a disease like COVID-19, there was no
better alternative available other than social distancing and these
precautionary measures. There may many instances which India been going
through, but all the measures are taken for public interest. So, stay safe and
save life.
[2]
http://www.nhmharyana.gov.in/WriteReadData/userfiles/file/CoronaVirus/notification%20COVID-19.pdf
[4] The Haryana Regulations and the Odisha
Regulations prescribes a quarantine period of fourteen (14) days while the
Karnataka Regulations prescribes a quarantine period of twenty eight (28) days.
[5]Under the Karnataka regulations, the authority
is office of district and family welfare of the concerned district,under the Haryana
Regulations the authority is the Civil Surgeon of The Districtand under the
Odisha Regulations the authority is State Integrated Disease Surveillance Unit
and Collector of the District/Local MunicipalCommissioner.
[6]Section 188 penalises disobedience of an order duly promulgated by a
public servant with imprisonment up to a term of one (1) month, or six (6)
months if the disobedience causes danger to human life, health or safety,
and/or fine, which may extend up to INR 1,000 (Indian Rupees One Thousand).
[7]Section 133 of the Code of Criminal Procedure,
1973 empowers District Magistrate or Sub-Divisional Magistrate to take measures
(as prescribed) to stop public nuisance.
[8]HP Regulations define surveillance personnel as any personnel designated
by the District Magistrate of the respective District to discharge such
functions, duties and responsibilities as are considered necessary for the
purpose of these regulations.
[9]The BBMP is the administrative body responsible for civic amenities and
infrastructural assets of the Greater Bangalore metropolitan area.
Very nice
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