The Constitution of India provides for segregation of subjects into a 'State List'; which empowers each State Government to make their respective laws and a 'Concurrent List' that empowers both Central and State Governments to make laws. As per the respective lists, 'Public Health and Sanitation' is a State subject whereas 'Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants' forms part of the Concurrent List.

Further, the Code of Criminal Procedure, 1973, in particular Section 144, gives power to the District Magistrate, a Sub- divisional Magistrate or any other Executive Magistrate specially empowered by the State Government to pass orders directing any person to do or to abstain from doing certain acts in cases of emergency. The said Order shall remain in force for a maximum period of two months unless the State Government considers it necessary to extend it for a further period not exceeding six months.

Following are the laws which if contravened can attract criminal prosecution.

THE DISASTER MANAGEMENT ACT, 2005 is invoked by the Central Government. Under this Act:

1. If any person without any reasonable cause, obstructs an officer or employee of the government while he is discharging his functions under the act or refuses to comply with any direction given:
   • Punishment - 1 year or with fine or both
      
2. If the above act amounts to loss of lives or imminent danger:
   • Punishment - 2 years
      
3. If any person knowingly makes a claim which he knows to be false for obtaining any relief or benefit under this Act:
   • Punishment - 2 years and fine
      
4. If any person entrusted with money or material meant for providing relief misappropriates or compels another to do so:
   • Punishment - 2 years and fine
      
5. If any person makes or circulates a false alarm or warning with respect to the disaster, leading to panic:
   • Punishment - 1 year or with fine
      
6. If any of the above offences are committed by any department of the government, the head of the government shall be deemed guilty unless he can prove that the offence was committed without his knowledge and that he had exercised due diligence as also the concerned officer. This extends the liability vicariously to the heads of the department.
    
   
7. If any officer on whom any duty has been imposed under this Act refrains from performing the same
   • Punishment - 1 year or with fine
      
8. The Government has powers to order and call upon any person to provide their resources, services, premises or vehicles. If the said order is contravened by a person:
   • Punishment - 1 year or with fine or both
      
9. If any of the above offences are committed by a company or body corporate, every person in charge of and responsible to the company or body corporate for the conduct of its business shall be liable to be proceeded against. Thus again extending the liability vicariously.
    

THE EPIDEMIC DISEASES ACT, 1897 is invoked by the State Governments. The Act gives the State Government the power to prescribe temporary regulations which are to be observed by the public to prevent the outbreak and spread of a disease. In the present scenario, various State Government have issued directions and orders which are to be known and followed by the public. Ignorance of the law or rules formulated does not excuse a person from any liability that maybe attracted.

Any contraventions to the orders and regulations prescribed by the State Government will be an offence punishable under Section 188 of the Indian Penal Code, 1860.

Therefore if any person, disobeys any order or causes any disobedience in respect to the regulations formulated:

• Punishment - Simple imprisonment maximum one month or with fine which may extend to Rs. 200/- or both.

If the above contravention causes danger to human life, or causes any riot:

• Punishment - Maximum 6 months or with fine which may extend to Rs. 1,000/- or both.

The Indian Penal Code, 1860 further provides for the punishment of the following offences:

1. Section 143 - An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is to resist the execution of any law:
   • Punishment - Maximum 6 months or with fine which may extend to Rs. 1,000/- or both.
      
2. Section 269 - If any person commits any negligent act which he knows or has reason to believe will spread the infection of any disease dangerous to life:
   • Punishment –Maximum 6 months or with fine or both.
      
3. Section 270 - If any person malignantly does any act which he knows or has reason to believe to be will spread the infection of any disease dangerous to life:
   • Punishment –Maximum 2 years or with fine or both.
      
4. Section 505 – If any person makes, publishes or circulates any statement, rumour or report with an intent to cause or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity:
   • Punishment –Maximum 3 years or with fine or both.
      

now the laws, be aware, stay home, stay safe.

Lakshmi Raman