Prime Minister Narendra Modi delivered his 2nd address to the nation within a week on the COVID-19 epidemic. In his speech, PM Modi imposed a complete lockdown across the country for 21 days by invoking the Disaster Management Act, 2005 as well as the Epidemic Diseases Act of 1897. While, COVID-19 being an epidemic, it is quite understandable as to why the Government would impose Epidemic Diseases Act under current circumstances; however, the use of the Disaster Management Act, 2005 has come as a surprise to many.
The Government of India through its Ministry of Home Affairs vide its order no. 40-3/2020-D dated March 24, 2020, imposed a 21 Day Lock-Down in the whole country invoking the provisions of the Disaster Management Act, 2005, Epidemic Act, 1897 and Section 188 of the Indian Penal Code, 1860. The guidelines accompanying the order stated the strict implementation of the Lock-Down. Amid the continued exodus of migrants on the sixth day of the 21-day nationwide lockdown, the Centre has used the Disaster Management Act to put the onus on local administration to check the movement of workers and daily laborers. The district magistrates (DMs) and senior superintendents of police (SSPs) have been directed to discourage workers from moving from one place to another. As per the Centre’s directives, it is the district administration and its officials who will be directly responsible to seal the state and district borders and also make arrangements for those stranded on the roads.
The Act comprises of 79 Sections and 11 Chapters. It provides an institutional mechanism for the monitoring and implementation of plans. It ensures by various wings of the Government for the prevention and mitigation of disasters. Recently, the penal provisions of the Disaster Management Act, 2005 were invoked involving Sections 51 to 58.
What are the provisions involved?
Under Section 51, up to one-year imprisonment or fine or both shall be imposed for obstruction and/or non-compliance of the directions given by the Central/State Government, NEC, SEC, DDMA. However, if such obstruction results in loss of lives or imminent danger thereof, imprisonment may be extended to two years. Section 52 provides for imprisonment with two years with a fine for the false claim for obtaining relief, assistance, etc. Similar punishment is prescribed under Section 53 for misappropriation of money or materials.
Moreover, Section 54 provides for one-year imprisonment or fine for false warning. In case of an offence by the government development, the head of the department to be held guilty unless he proves otherwise any other officer found guilty to be proceeded against and punished under section 55 of the Act. Also, if a government official refuses to perform any duty, he shall be punished with one-year imprisonment or fine or both. Also, one-year imprisonment or fine or both shall be imposed for contravening of any order of requisition.
Furthermore, Section 58 states that where an offense under this Act has been committed by a company or body corporate, every person who at the time the offence was committed was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.