The main strategy of our government is “Nationwide lock-down” to control the coronavirus also known as Covid-19 pandemic. This lead to an enormous loss in every sector of the country. It includes an organized and unorganized sector.
Effect of coronavirus on our nation
A large number of job deduction has happened. Companies have to lower the number of staff in order to run them. Because of this, everyone is facing some or other difficulties. Our country has a very large population. If this virus spreads community wise in India then we have no such measures to control this. In our country, the numbers of beds in the hospital are also very less according to its population. The number of healthcare workers is also not good in our country. So we have to take every possible precaution that we need to control this virus.
The union ministry of home affairs directed the state government to enforce the lock-down under the disaster management act of 2005. It was originally enacted to do the effective management of disaster and the matters connected with it. The prime minister has established the National disaster management authority (NDMA) under this act. It also established the National executive committee (NEA) that was governed by the home secretary. On 24 March 2020, the National disaster management authority (NDMA) and National executive committee (NEA) issued guidelines illustrating which establishment would be closed and which services will be suspended during the lock-down period.
The legal aspect of the pandemic:
The term that everybody is using such as “lock-down” and “curfew”, the Indian law has not defined these words. But these words have forced the people of our country to remain inside their houses. According to Article 19 (1) of the Indian constitution, it is a violation to restrict movement. But Article 19 (2) of the constitution adds the restrictions as well.
The Disaster Management Act
The Disaster Management Act, which was used to enforce the lock-down, Section 2(d) reads. “‘Disaster means a catastrophe, mishap, calamity or grave occurrence in any area. It can arise from natural or man-made causes, or by accident or negligence. This results in substantial loss of life, human suffering, damage, destruction of property, degradation of the environment, or of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.”
This section is not to deal with epidemics or diseases of any kind. It is there to deal with natural disasters. But, the ministry of home affairs declared the spread of the coronavirus (COVID -19) as a “natural disaster”. Because of that, the state government can use a large part of the state disaster relief fund in order to fight this virus.
Paschim Bangal Khet Mazdoorsamity vs. State of West Bengal
In case Paschim Bangal Khet Mazdoorsamity vs. State of West Bengal. The Supreme Court states that it is the responsibility of our government to provide adequate healthcare facilities to our citizens. But the current status of healthcare is not up to the mark. There was a scarcity of testing kits, with less trained staff for the situation. This suggests our country needs something more than these acts; our country needs a proper framework to fight something like this.
Amartya Sharan | UPES, Dehradun