COVID-19 : PARTIAL LOCKDOWN IS NOT THE SOLUTION

In exercise of the powers conferred under section 10 (2) (1) of the Disaster Management Act, 2005, the Union Home Secretary vide his DO letter dated 14.04.2020 directs the Chief Secretaries of all States and Administrators of all Union Territories to strictly implement the directions issued by MHA without any dilution of the same. On the other hand, the same Union Home Secretary vide his order dated 15.04.2020 directs all the Ministries/ Departments of the Government of India, State/UT Governments and State/ UT Authorities for the strict implementation of consolidated revised guidelines on the measures to be taken for containment of COVID-19 in the country.

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Certain activities will continue to remain prohibited across the country until 03.05.2020 whereas specific activities have been allowed to be permitted from 20.04.2020 in order to mitigate hardship to the public. In ensuring compliance of these selected activities, State/UT Governments shall not dilute these guidelines in any manner, and shall strictly enforce the same. Simultaneously, the Government, in the revised guidelines, has provided certain relaxation by allowing activities like all health services, all agriculture and related activities, fisheries, plantation, animal husbandry, financial sector, social sector, online teaching/ distance learning, MNREGA, public utilities movement, loading and unloading of goods/ cargo (inter and intra states), supply of essential goods, commercial and private establishments, industries/ industrial establishments (both government and private), construction activities, movement of persons, offices of Government of India, the autonomous/subordinate offices, offices of the State/UT Governments, their autonomous bodies and local governments. This relaxation may cause misuse of power and privilege from both the sides and may ultimately lead to multiplicity of problems including corruption. However, during this pandemic, we are not at all in a position to afford any risk that may cause outbreak to coronavirus.

At the same time, penalties shall be levied and collected from all the persons and entities violating the directions issued by the Government of India. In addition, activities permitted in these guidelines shall be implemented in a phased manner from 20.04.2020 after making all arrangements necessary for strict implementation of the guidelines. Nonetheless, any person violating these lockdown measures will be liable to be proceeded against as per provisions of section 51 to 60 of the Disaster Management Act, 2005. Besides, legal action under section 188 of the Indian Penal Code, 1860 may also be taken and other legal provisions of the DMA, 2005 shall remain applicable.

In the light of two major incidents i.e. Anand Vihar in Delhi and Bandra in Mumbai, it seems to be highly impractical approach on part of the Government as any mishappening may cause a serious threat to the humanity at large. Therefore, the Government should continue the lockdown at its full swing till 03.05.2020 in order to avoid unforeseen circumstances. Side by side, the Government must ensure adequate care to the poor and needy people of our society.

Hence, partial lockdown may lead to multiplicity of problems rather than combating this pandemic disease in actual sense. Hence, partial lockdown is not the solution to combat Corona Virus in its letter and spirit.

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