Laws you need to know during COVID-19 Lockdown

What is Section 144 of the Cr. P.C?

Section 144 gives power to the administration i.e. a district magistrate or any other executive magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in any particular area in urgent cases of nuisance or apprehended danger.

As per the law, every member of the unlawful assembly can be booked for violating the law. The administration is empowered under Section 144 to impose restrictions on the personal liberties of individuals. Fundamental right of peaceful assembly under Article 19 of the Constitution of India is curtailed by the administration if the executive magistrate finds the situation presenting a potential to disturbance in law and order.

Duration of Section 144 Order

No order under Section 144 shall remain in force for more than two months but the state government can extent the validity for two months and maximum up to six months. The order can be withdrawn at any time whenever the situation becomes normal.

Punishment:

Violation of Section 144 is liable for punishment of up to three years of imprisonment.

Internet can be shut down under Section 144

In order to maintain public order, this Section gives power to the authorities to block internet access. Even the social media activities can be monitored or it can be restricted.

What is Lockdown?

Collector or Chief Medical has the power to enforce a lockdown under the Epidemic Diseases Act 1897. It gives them the right to restrict the assembly of five or more person in a particular area.

However, essential service providers can operate their business during lockdown and provide services to public. List of essential services has been notified by government and movement passes for the people providing essential services are being issued by the concerned departments.

Police authorities do not have the power to arrest anyone violating lockdown without prior approval of court but if someone gets adversarial then Police can arrest that person under Section 269 and 270 of Indian Penal Code.

What is Curfew?

Curfew orders, on the other hand, are subject to worse deterioration in any location or city. Curfew orders are issued by District Magistrate and it can be for a specific group or for the general public.

It restricts any kind of outdoor activity without the prior approval of the police. Places  like markets, schools, colleges, etc. are ordered to remain shut, and only essential services are allowed to run.

Indian Epidemic Disease Act, 1897 

Under this Act,  the State and Central governments are given the power to take any temporary measure for controlling and prevent the outbreak of a disease. Individual not complying with such orders are punished under Section 188 of IPC i.e. for disobeying the order promulgated by Public Servant. Punishment for violation of such order may lead to imprisonment upto six months, or with fine which may extend to one thousand rupees, or with both. The Cabinet Secretary of India on 11 March 2020 announced that all states and Union territories should invoke provisions of Section 2 of the Epidemic Diseases Act, 1897.

Disaster Management Act, 2005

?Section 67 of the 2005 Act empowers the government to direct the media to “carry any warning or advisories regarding any threatening disaster situation or disaster”. The Act mandates that the media outlets should comply with the direction. Further Section 54 of the Act makes the circulation of false alarm, causing panic, a criminal offence punishable with imprisonment up to a year. It also says disobeying a public authority attracts punishment under Section 188 of the Indian Penal Code.