- The pandemic is being taken seriously next door
By: Dr Rajkumar Singh
A virus infects everyone– young and old, women and men, across race, religion, geography or privilege. It affects every economy– developed and developing, rich and poor and influences every political system– democratic or authoritarian. In this time of global emergency, while different countries have different strategies to counter it, India has chosen to go all in– physical, fiscal, monetary, executive (in Union and the States), legislature and judiciary, State and non-state actors. This is a welcome change. It tells us that while politics may be played on the chessboard of rifts, at a pinch that threatens mass destruction, Indian leaders have the capacity to come together to execute a preventive action. We believe, this is the best the governments can do now: managing a spread and then taking action would be very difficult because of the inadequate healthcare system across India.
In succession, for the third time, the Centre on 3rd May, extended the lockdown period by another two weeks, with significant easing of curbs intended to reopen the country and restart economic activity even in the red zones, leaving only containment areas under strict restrictions. The movement of individuals for “non-essential” activities has been prohibited between 7pm and 7am, and senior citizens, persons with co-morbidities (health conditions) and children below 10 years are to stay at home except for health purposes. The norms set the framework for states, which can increase restrictions but cannot dilute them. The norms allow near-normalcy in green zones, now designated as areas with no fresh Covid-19 cases for 21 days, with the movement of taxis, autos and rickshaws. The same applies to orange zones where no cases have been detected for a fortnight but such movement is prohibited in red zones. Buses will also be allowed to operate at 50 percent capacity in green zones.
Earlier too, on the physical front, India has gone into a lockdown for 21 days. Prime Minister Narendra Modi said in his 24 March address to the nation that the entire country would go under complete lockdown. For a country the size of India, containing within itself a huge population density and cultural diversity, this lockdown was arguably the policy action of the last resort. Modi had tested the waters in an earlier nudge called the Janata Curfew, a people’s curfew. Under this, citizens were advised to remain home from 7 am to 9 pm. “During this curfew, we shall neither leave our homes, nor get onto the streets or roam about our localities,” Modi said in his 22 March address to the nation. Only those associated with emergency and essential services will leave their homes.” Modi set the ball rolling by initiating and organising an interaction of SAARC leaders on fighting Covid-19. Further, the Extraordinary G20 Leaders’ Summit too was held on video. Barring some individuals who are homeless and a few rebels who continue to think the lockdown is just another policy excess by the Modi government that must be opposed not on merit but by habit, the lockdown won support.
At this juncture, all three arms of the State are in lockdown. Parliament and State Assemblies are closed. The Executive is ensuring essentials are in place; otherwise, most are working from home. While anecdotes of bureaucratic inertia and entitlements are springing out, mostly, they are on course– the initial hiccup of not allowing people or essential services on roads notwithstanding. And even the Judiciary is on board: the Supreme Court will hear “only matters involving extreme urgency”
All State governments have put the lockdown in place. This might seem counter-intuitive, given the highly-argumentative and oppose-Modi-at-any-cost politics that we have got used to seeing in states that are not governed by the NDA. But such is the nature of this virus, that the lead from the Union has trickled down to the States in a harmonious governance unity. From Maharashtra and West Bengal to Tamil Nadu and Punjab, all state governments are following and executing the lockdown. Maharashtra reported the highest number of covid-19 cases, the legislative and regulatory responses are worth noting. Maharashtra passed the Maharashtra COVID-19 Regulations, 2020 on 14 March to combat the coronavirus pandemic. It directed all government and private hospitals to provide separate corners and screening processes for identifying cases. And medical officers and the district administration are to work in coordination with the state integrated diseases surveillance programme offices. The regulation also stressed on information hygiene— no person/institution/organisation shall use any print/electronic or social media for dissemination of any information regarding covid-19 without ascertaining the facts and prior clearance of the commissioner. The Kejriwal government also issued the Delhi Epidemic Diseases, COVID-19 Regulations, 2020 on 12 March. This is in tune with the Maharashtra regulations.
Most Indian states have tried to bridge the gap in law with these regulations. But Kerala is the only state that has brought in an ordinance, which is a much more powerful tool, the Epidemic Ordinance. The ordinance aims at the unification and consolidation of laws relating to the regulation and prevention of epidemic diseases. This is a significant step towards the control of the spread of the novel coronavirus.
At this juncture, all three arms of the State are in lockdown. Parliament and State Assemblies are closed. The Executive is ensuring essentials are in place; otherwise, most are working from home. While anecdotes of bureaucratic inertia and entitlements are springing out, mostly, they are on course– the initial hiccup of not allowing people or essential services on roads notwithstanding. And even the Judiciary is on board: the Supreme Court will hear “only matters involving extreme urgency”. A presiding Judge would decide the urgency, based on a “prayer made by Advocate-on-Record/party-in-person” through a signed and verified application “containing a synopsis of extreme urgency not exceeding one page”. Matters would be taken on video conferencing. High Courts and lower across the country are following through.
This pandemic in the Information Age does not require this colonial law, but warrants a new and robust public health law. The ordinance is in line with the 1897 Epidemic Act, it is a more powerful tool that prescribes necessary state actions to curb the spread of an epidemic. Section 2(a) to (j) provide for such measures including closing of state borders, social distancing, restrictions on travel and regulation of working conditions. This ordinance clearly prescribes a penalty for violations of the restrictions. A violation is punishable with up to two years in prison, or Rs10,000, or both. But this ordinance should be seen only as an extension of the Epidemic Diseases Act and not a holistic public health law framework. It does not provide any particular framework to address a covid-19-like public health crisis. At the national level, The National Disaster Management Guidelines, 2008 tried to bridge the gap in health regulations by keeping the Ministry of Health and Family Welfare as the nodal ministry.
The writer is head of the political science department, B.N. Mandal Unversity, Madhepura, Bihar, India. He can be reached at: [email protected]
