Dr. Ahmed Raza
Being the world’s second most populous country, India has geared up to fight Covid19 by initiating persistent efforts towards health care management, social distancing and breaking chains of transmission, not to forget the 21 days lockdown, now extended till May 3, to control the pandemic’s spread. While announcing these measures deserve applaud, their being enforced accordingly is also encouraged.
The decision for 21 day nationwide lockdown and its further extension, along with other strict measures required for containing Covid19 have been necessitated by invoking several laws of the land, namely Epidemic Diseases Act 1897, Disaster Management Act 2005, Essential Services Maintenance Act etc. While these have drawn full cooperation at all levels, implications of these measures on poverty, unorganized sector, migrant workers, daily workers and homeless people remain to be examined. In this regard, it can be said that the laws are lacking an empirical validity in several parts of the nation due to other associated challenges such as mobility of migrant workers and daily wagers, insensitivities towards social distancing and others, which may compromise with the battle against coronavirus.
Although the Central government has shown ripeness by coordinating with other State governments and agencies for sorting out issues that will surface when the lockdown gets over, more could be done in the matters of civic sense for the unfortunate. Coronavirus, as seen in other countries, can be combated with people’s civic sense and individual behavior such as sanitization, handwash, social distancing, and use of masks and what is observed as of now is that, both laws and civic sense need to work collectively to prove a plausible weapon against Covid19.
Laws wisely used to fight Covid19
India, as one country, began to fight Covid19 by formulating unified policies and courses of actions in which Epidemic Diseases Act 1897 (EDA) facilitated the central government to act and instruct the state governments. In this process, enforcement of social distancing as a significant remedy against Covid19 has been mandated by applying the provisions under EDA 1897 which is a prerequisite to combat the spread of the virus.
Keeping in mind the dense population of India, enforcement of social distancing has been accomplished by imposing a nationwide lockdown, curfew and other legal measures such as IPC 144, sealing of borders etc. Several essential and basics services such as medicines, health emergencies, grocery marts, milk shop, and fruits shops have been fully functional as per the provisions of the Essential Services Maintenances Act (ESMA) of the respective states.
However, imposition of laws and other legal measures with the purposes of ensuring social distancing started losing its objectives when a large number of migrant workers, daily wagers and homeless people were seen moving in masses across national highways in an effort to reach their native places. Neither they were seen following proper social distancing nor using masks as fears of losing employment along with persistent ambiguities on the fate of lockdown compelled them to migrate on their foot, creating chaos state borders, particularly in Delhi-UP border. Such consequences of implementation of laws may be accounted as an offshoot of lack of preparedness at institutional level and centre-state levels along-with civic sense absenteeism among the people.
Following news headlines, the government acted quickly by coordinating state governments and other agencies in arranging food and shelter for the needy so as to comply with the nationwide lockdown effectively. In addition, a number of incidences of violations of social distancing in isolations centers and quarantine have disturbed the implications. One can only say, better institutional preparedness was required other than the citizens need to be highly careful of their civic sense during the ongoing battle against COVID19.
Covid-19 as a ‘notified disaster’
With the declaration of Covid19 as a “notified disaster” under the Disaster Management Act (DMA) 2005, flexibilities, decentralization and specialization to deal with the epidemic disease have been prioritized by delegating authority from Union Home Ministry to the Union Health Secretary. The DMA 2005 has authorized Union Health Ministry to proceed and initiate any suitable and relevant action with regard to combating the spread of Covid19. Though, breaking the chain of transmission has been accounted one of the most effective measures, which may be accomplished by decentralizing the governance.
Under the purview of DMA 2005, all frontline warriors including doctors, nurses, paramedical staff, police and securities have been delegated with required jurisdictions to fight against the deadly virus and they deserve to be applauded. Also, they deserve equal cooperation from all stakeholders as DMA 2005 deals strictly with the offenders who create an obstruction or hindrances during their duty for containing spread of the epidemic.
It is evident that the laws of the land have been equipped appropriately to deal with an epidemic but only proper abidance of these laws will help us in gaining victory over the rapidly spreading Coronavirus. The first phase of 21 days nationwide lockdown has witnessed irresponsible incidences which have shown civic sense absenteeism among the people. Doctors and assistant health staffs were targeted and attacked during their duty hours who are working hard fight against the Covid19. Such kinds of inhuman attitudes of the suspected persons or any citizen seem to be a threat to humanity and society.
Civic sense leads to fight against the Covid-19
As regards to the end of the first phase of 21 days nationwide lockdown, the transmission of Covid19 could not be fully restricted but the gradual rising number of infected persons including causalities appear to be under control and manageable as compared to other developed nations. Further, the chain of transmission of the deadly disease may be broken up with maintaining social distance and following other government guidelines.
Laws act as a facilitator for the battle against the Covid19 but it is the ultimate civic senses of people through which victory over the epidemic may be achieved. People must act as responsible and law abiding citizens, thus extending their cooperation to the administration and the frontline warriors in this fight. The battle would become an easier win if people start gesturing their civic sense by maintaining social distancing, using masks and gloves, frequently handwashing, among others. To conclude, it may be argued that laws are needed, but civic sense sits at the heart of the fight against Covid19.