Corona - a Socio-political view
India a country imperialistically ejected and came through the colonial suffering, not a new thing to the citizens to cope up with new isolation regime as she has been captive for 200 years.
Exactly 122 years from now, we faced a similar situation which further fuelled revolutionary movement in India. In 1896 the Plague a dreaded disease occupied entire Pune resulting many deaths, to curb this Plague Commissioner W C Rand was appointed; his style of controlling a death was nightmare, he used to burn the people alive showing a minute symptom. People felt that sustaining a Plague is better than Rand. Two brothers heroically known as Chapekar Brothers killed W.C Rand and providing relief to a folk, it was a spark for revolutionary movement.
Now same situation we are in; but in a different ecosystem, I call it as ‘Constitutional Ecosystem’ the journey from colonialism to Constitutionalism is worth applauding, thanks to the makers of Modern India. Now W C Rand is replaced by constitutionally governed political system where Citizens are given a top priority, burning is replaced by convincing ,exploitation turned to Empowerment .Few times we stumbled mainly in 1975 (Emergency ) but we soon become rehabilitee by making some changes in rule book. Now again we are in same phase but not a political one.
Constitutional Ecosystem
As India is democratic, hitherto we guided by Constitutional Ideals Government confronts a challenge of maintaining a balance in ecosystem; equanimity of Individual Freedom at the same time maintaining status quo. We painfully forget torturous W C Rand but we are conscious enough to apply act emerged from it –Epidemic Disease Act ,1897; better prevention of the spread of dangerous epidemic diseases as its prime objective, adhering to it Disaster Management act 2005; offers an array of weapons to combat disasters, establishing a multi-tier system, with governments and authorities constituted under or brought within the purview of the DMA, operating at the national, state, district and local levels. These provisions are administrative vaccine to control the crisis.
India been a quasi-federalist in nature, her main challenge to get support of states .In this situation Article 256 is decisive ; Constitution Of India (Obligation of States and the Union): The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.
In recent mob lynching and cow vigilantism case – Cheif Justice Deepak Misra sternly quoted that “The centre cannot remain silent, leaving everything to the states, you have to stop it (Violence)” from this window we can see Indian Prime minister is in continuous contact with chief minister. Art 257 - The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance .These are the best example of Co-Operative federalism.
Why till now any kind of emergency not declared?
The Sarkaria Commission report has stated that under Article 355, the Union can issue a wide array of directions, without having to resort to invoking Article 352 (emergency) or Article 356 (president’s rule). In fact, the report cautions against a hasty imposition of president’s rule by stipulating that the Union can also act under Article 355(External aggression and Internal Disturbance ) i.e. without imposing president’s rule. Article 355 can stand on its own. The report indicated that it should first be ensured that the Union had done all that it could in discharge of its duty under Article 355, that it had issued the necessary directions under Articles 256-257 and that the state had failed to comply with or give effect to the directions.
Laksman Rekha
In corona time Ramayana and Mahabharata again came into relevance .In Ramayana laksman imposed section 144 to Sita ,but she violated it for her utmost religious belief( Now also we are seeing a same violations) not only she faced consequence Rama suffered a lot more importantly the people of Ayodhya deprived by their beloved king(Good Governance) . Section 144 CrPC as well the cognate provisions in state police Acts (such as Section 30(3), Delhi Police Act, 1978) usually prohibit assemblies.
Again, returning to the fundamental issue – without a declaration of emergency and, therefore, with the right to movement and the right to livelihood still in operation, is a “lock-down” constitutionally valid? Apart from counter Arguments; I personally believe ‘Human life is above a law’ Individual freedom can be bypassed by the betterment of Society as a whole, if society survives so do Individual.
Privacy Vs Protection
Sociologist Herbert Spencer speaks about ‘Social Darwinism’ how a single species strives for life ;same a Society also holistically strives of survival ,now we are in the same condition; we are self Isolating , we are washing hands regularly, we are changing a eating habits, we are adapting different life style in synchrony with Corona time .
what about Privacy? we resisted to give our details for Aadhar Card,citing an issue of Privacy ,now we are installing apps which will detect our location, our Blood Pressure ,our health status and it warns if you are nearer to contaminated person .now where is the privacy ,what about the data we provided in the process of Installation(After Post Corona what about the data and how safe it will be is a biggest question) . We all compromised because of protection of our lives and our loved ones ....
Post Corona period, life will not remain a same, this mighty thrust will give birth to new era which is completely different.....(next my article will be life after Corona)
- ARUN M A