Legality of lockdown



P.M. Narendra Modi declared national lockdown on 24th March 2020 to prevent the spread of global pandemic COVID-19 (Coronavirus) which at initial level started from Wuhan, China. The Ministry of Home Affairs published the official notification, imposed the lockdown and issued guidelines under S/6 and S/10 of the Disaster Management Act.
The terms ‘lockdown’ and ‘curfew’ are not legal terms but are used to restrict the fundamental right of movement under Article 19 (A) of the Indian Constitution. The closest understanding of ‘lockdown’ can be elucidated from the Epidemic Diseases Act (EDA).
The various provisions of Indian Penal Code, Criminal Procedure Code, the Epidemic Diseases Act, 1897 are also being imposed to control the current outbreak.
Impacts of disobeying the national lockdown:
● Disobedience of public servant – S/188 IPC.
● To ensure spread of dangerous disease – S/269 IPC.
● Malignant act of spreading dangerous disease – S/270 IPC.
● Escaping “quarantine” – S/271 IPC.
● Curfew – S/144 CrPC.
Declaring the COVID-19 outbreak as a “notified disaster” is a first-of-its-kind measure taken to increase the scope of government powers to make quick administrative decisions to fight this disease.
Therefore there are a number of words that aren’t a part of law but has to be used to get the law imposed.