NATIONAL LOCKDOWN: DO YOU REALLY KNOW WHAT IT MEANS?
Mohd Rameez Raza
Author of this article is a Law Student,Faculty of Law, Integral
University
Raj Shekhar Singh
Co-author of this article is a Law Student, NUSRL, Ranchi
The
Global Pandemic of COVID-19[1]
has seen the Indian Government implementing never seen before ways of combating
the situation. Whether it be the ‘Janta Curfew’[2] or
the recent ‘Nation Wide Lockdown’[3],
we are seeing some measures which were never taken
before. Owing to the lack of precedents, these moves have created an atmosphere
of confusion and terror because the common masses are not able to comprehend as
to what is happening around them. This blog aims to draw the differentiating
line between ‘Curfew’ and ‘Lockdown’ so as to demystify the current situations.
Curfew: What does it essentially
mean?
When
we talk about ‘Curfew’, it is a measure by which the government keeps people
off the streets, generally during emergency situations like riots, affray, public
tranquility, etc. During the curfew, people are forced to stay inside their
houses to control the prevailing situations. This would mean that police would
have the authority to use enough force for maintaining the curfew. However, as
iterated in the case of Jayantilal
Mohanlal Patel v.Eric Renison and Anr.[4]
this would not in any way amount to ‘Shoot-at-Sight’ order, until and unless
the transgressor threatens the lives of officials and commoners. As per the
views of Madras High Court Judge K Chandru, a curfew is imposed by the
administration using inherent executive powers vested in the State Government. That
is to say, a State Government has the power to issue executive orders under any
subject it is competent to make laws as per the state list.Talking about curfew,
this would be public order. “Curfew is much more than a usual prohibitory
order,” Chandru iterated.
People
often confuse ‘Curfew’ with Sec 144 of Cr.P.C[5].
However, when closely analyzed one can easily differentiate between the two. Curfew
can be looked upon as an escalation of usual prohibitory orders under Sec. 144.
While Sec. 144 does impose restrictions on public gatherings, it in no way
restricts one within the perimeter of his home, while in case of ‘Curfew’
serious restrictions are imposed on the movement of people in the area. The
severity can be understood from the stance that even to move out for essentialservices
is restricted. These restrictions are only eased if one gets official
permission which again is a very cumbersome task.
Lockdown: Understand and Explaining
its Implications
To
check the further spread of COVID-19, the State Governments have imposed
restrictions owing to the advisory released by the Center, thus suspending
transport and other related services. These restrictions derive their legality
from Epidemic Disease Act, 1897[6],
which has been for the first time implemented nationwide since independence.
Sec. 2[7] of
this act gives authority to state governments to “take special measures and
prescribe regulations as to dangerous epidemic disease”. The Act was invoked
owing to the fact that Indian Penal Code, 1860[8],
being a general law, alone could not have tackled the spread of such a deadly
infectious disease and hence an act which was specifically tailor-made for this
cause was invoked. It provides for sweeping discretionary power for states to
mold the restrictions as per its need.
Lockdown
is essentially a curfew, but with less restrictive implications.It is an
emergency-like system under which private and public offices, private
establishments, and public transport are completely closed. Just like a Curfew,
people are required to stay indoors, however unlike curfew people can still
come out of their homes for accessing essential services like hospitals, banks,
etc. Thus, lockdown, unlike curfew, is invoked to regulate public interactions
and not control or restrict it. Its main aim can be traced to increasing social
distancing between people. Being more lenient enforcement, this does not
empower police to arrest people violating it.
Section 144 of Cr.P.C: How is it
different?
Sec.
144 imposes restrictions on assembly of people. It restricts the congregation
of five or more people within a particular area. Under the law, anyone in
violation of this order can be booked under Sec. 188 of Indian Penal Code,
1860 for disobeying a public servant. The Section provides the basic
framework for imposing restrictive actions to prevent riots, affrays, etc. The
main aim of Sec. 144 is to prevent social gatherings so as to minimize the chances
of mishaps, generally in tensed situations. This, however, poses no restriction
on the movement of individuals and hence is more lenient than both ‘Curfew’ and
‘Lockdown’. This, however, provides for the much-needed social distancing which
is the main motive of lockdowns and this is the reason why many states across
India have implemented Sec. 144 coupled with Lockdowns orders to achieve their
goal of social distancing to check the spread of COVID-19. The Section allows
detention or arrest of people found in direct violation of these orders. Thus,
what we can understand from the above-mentioned facts is that Sec. 144 has not
much role to play in checking the spread of COVID-19. However, it provides the
basic essential framework to implement such social distancing norms.
Conclusion
Analyzing
the differences, it’s crystal clear that though the media has been using the
words ‘Curfew’ and ‘Lockdown’ interchangeably, there exists a vast difference
between the two. The fear that has been instilled in the minds of people is
completely baseless. Though some states have indeed invoked curfew, the same is
not true for pan-India. The Nationwide Lockdown in no way equals to Curfew. The
police actions that we are seeing are nothing but police excesses, which occur
when people are ignorant of laws. What we need to understand is that the
current procedures have been carried out only with the aim to check the spread
of COVID-19. However, this doesn’t mean that people can move about freely
because Section 269[9]
of Indian Penal Code, 1860punishes those negligently spread infection
and Section 270[10]of
same will be invoked if people malignantly fail to act during an epidemic.
Thus, what we need to fear is not the law, but the consequences if it is not
complied with. The atmosphere of terror needs to calm down because all this is
being done to ensure the safety of the nation and its people. As long as one
abides by the laws, and has a sound knowledge of his rights the current 21-Days
Lockdown[11]
is not much of an issue to him. However, at this hour of dire action, we need
to co-operate with authorities to ensure a better future for everyone.
“Alone we can do so little;
together we can do so much." – Helen Keller[12]
[1]
WHO;Coronavirus, Available at:
https://www.who.int/health-topics/coronavirus#tab=tab_1?
[2]
Economic Time,'Janta Curfew' beginning of
long battle: PM Narendra Modi;Available at: https://economictimes.indiatimes.com/news/politics-and-nation/janta-curfew-beginning-of-long-battle-pm-narendra-modi/articleshow/74761955.cms.
[3]
BBC; Coronavirus: India enters 'total
lockdown' after spike in cases;Available at: https://www.bbc.com/news/world-asia-india-52024239.
[4]
1975 Cri.LJ 661.
[5]Basu,
D.D., Mallick, M.R. and Mallick, M.R.; 1979;Criminal Procedure Code, 1973:
Act No. 2 of 1974; Prentice-Hall of India.
[6]Patro,
B.K., Tripathy, J.P. and Kashyap, R.; 2013; Epidemic Diseases Act 1897,
India: Whether sufficient to address the Current Challenges?Journal of
Mahatma Gandhi Institute of Medical Sciences; 18(2);p.109.
[7]
Epidemic Disease Act, 1897, Available at: https://indiacode.nic.in/bitstream/123456789/10469/1/the_epidemic_diseases_act%2C_1897.pdf
[8]
The Indian Penal Code, 1860.
[9]
Agarwal, K.K., Sections 269 & 270,
IPC: A Case of Paranoia?Available at:
https://www.indialegallive.com/health/sections-269-270-ipc-a-case-of-paranoia-60500.
Extremely useful article, need of the hour, good research done. Thank you for sharing this.
ReplyDeleteJust the kind of information necessary for all of us during this period of crisis..the content is put togather in such a way so for even a non law indivudual to comprehend easily, commendable work by the author.
ReplyDeleteJust the kind of information necessary for all of us during this period of crisis..the content is put togather in such a way so for even a non law indivudual to comprehend easily, commendable work by the author.
ReplyDeleteNice it is very interesting and also helpful to understand the difference between curfew and lockdown and how the police use their power in excess.
ReplyDelete