Covid 19 is threatening and Govt is taking strong measures rightly.Epidemics and diseases are not new – centuries ago plague haunted the humanity. Very little was known about the disease at that time. It was said to be transmitted by a bacteria, but it was not known where it emanated from. In an effort to control the spread of coronavirus, Tamil Nadu Chief Minister Edappadi K. Palaniswami, on Monday, announced that prohibitory orders under section 144 of the Criminal Procedure Code (CrPC) will be imposed in the state from 6pm on March 24 till March 31. He also announced that all the district borders in the state will be sealed. Essential services will be exempted.
File photo of famous Mahabalipuram deserted (pic Ramanujam
Pillailokam)
Put simply, the
administration is empowered under Section 144 to impose restrictions on the
personal liberties of individuals. This means the fundamental right of peaceful
assembly provided under Article 19 of the Constitution is curtailed by the
administration, which is a rightful measure.Restriction under Section 144 is
different from curfew. In the areas where curfew is imposed, all public
activity is barred. Civilian traffic is also stopped. Curfew warrants much
graver situation posing bigger danger of rioting and violence.
This is preventive
jurisdiction, urgent in their character, of either nuisance or apprehend
danger. The nuisance referred to is public tranquility, or riot, or affray.
Section 144 in The Indian
Penal Code :deals with : Joining
unlawful assembly armed with deadly weapon; the one referred to here is *Sec
144 of Code of Criminal procedures 1973 (CrPC)*
This Section provides for
power to issueorder in urgent cases of
nuisance of apprehended danger.This written
order directs people to abstain from a certain act or to take
certain order with respect to certain property in his possession or under his
management.This is an emergency order
directed against persons residing in a particular place or area, or to the public
generally when frequenting or visiting a particular place or area.
The Govt Order issued by
the State Govt specifically states ‘any congregation of more than 5 persons in
public places is prohibited’ – to understand this better, the GO allows a tea
shop to remain open and sell tea but will prevent people (more than 5)assembling there. The GO also specifies which services are
deemed essential and exempt under the directive.
Interestingly the GO cites
an age-old statue of 1897, called the Epidemic Diseases Act, 1897 which
primarily states thatany person found
violating the measures shall be deemed to
have committed an offense punishable under section 188 and other relevant
sections of Indian Penal Code (45 of 1860).
British Govt used the
provisions differently is not relevant now.In 1897, the year the law was enforced, freedom fighter Bal Gangadhar
Tilak was punished with 18 months’ rigorous imprisonment after his newspapers
Kesari and Marathaa admonished imperial authorities for their handling of the
plague epidemic.
The Govt is forced to this
extreme step in protecting us – it is our duty to be at home, cooperate with
Govt in all possible manner and help them fight the dreaded disease – it is in
our interests and of the Nation too
With regards – S. Sampathkumar 24.3.2020.
