Legislation to Enforce Social Distancing in Post-Lockdown India?

Chittarvu Raghu:

The coronavirus crisis is still raising a hue-and-cry around the world. More than one billion people are presently quarantined and it has adversely affected the world economy. The life is not going to be the same after the world recovers from the Corona crisis, that much is clear. It is a fact that we have to live with the virus around us. The invention of vaccine as of now appears to be very remote. In order to live along with the virus, we have to necessarily bring in new legislation to enforce social distancing and crowd management which are the two crucial aspects relevant to control the spread of the virus.

Although different legislation in relation to the safety at work places, public places of congregation have been passed, they are directed only towards providing physical safety.

These legislations viz. Municipal Corporations Act, Municipalities Act and certain other legislations relating to the workplace hazards do not contemplate the requisite guidelines pertaining to social distancing and crowd management.

Other legislations relating to the work place hazards contemplate only the steps to be taken in relation to health of the workers vis-vis the nature of work. Those Acts relate to the nature of the work that is being performed.

Covid-19 has compelled us adhere to the new norms in relation to the health, irrespective of the nature of work, place of congregation, reason for congregation etc. Certain measures like maintaining hygiene, social distancing, wearing masks have to be compulsorily adhered to.

The unprecedented measures of the shutdown can only buy time and reduce the pressure on the health care system but may not by itself extinguish the epidemic. There is a possibility of increase of numbers once the lockdown is lifted. Unless our conduct is strictly regulated, it would be very difficult to prevent community transmission. Highly regulated social conduct is warranted to minimize the destruction that may be caused in future due to the outbreak of such epidemics.

Presently the legislations are directed only in relation to providing physical safety and health hazards at working places. The legislations are silent with regard to the social distancing and crowd managements. For instance while sanctioning permission for construction of a building to run a cinema hall, the requisite parameters taken into account would be such as number of seats vis-vis the physical safety. But the social distancing between the viewers and the management of the crowd at the cinema halls is not stipulated in the legislation. The same can be observed in the case of temples, marriage halls, restaurants, also.

Universal mask wearing, physical distancing and observing hand hygiene will help in curtailing the spread.

Therefore, there is a requirement of a comprehensive legislation encompassing all the aspects of public life stipulating rules and regulations vis-vis the social distancing and the crowd management. The said legislations should have an overriding effect over all the other Acts and anything done under the said Acts should be in consistence with such a legislation.

The said legislation also should provide penal provisions in case if there is any violation. The present enactments such as Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005 are not enough to control and enforce strict social distancing and crowd management in various spheres of life.

The said legislations do not contemplate the norms of social distancing and crowd management at various places of congregation. The said legislations are being invoked post outbreak of the epidemic and disaster as a temporary measure.

The Epidemic Diseases Act, 1897 is a very short legislation which can be enforced only when there is an outbreak of epidemic but would not serve the purpose to prevent an epidemic. Similarly the Disaster Management Act also is directed mostly against post disaster management.

The Epidemics Diseases Act, 1897 was enacted for the better prevention of spread of dangerous epidemic diseases. Sec. 2 of the said Act contemplates that when at any time the State government is satisfied that the State or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic disease, the State government, if it thinks that the ordinary provisions of law for the time being in force insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such TEMPORARY REGULATIONS to be observed by the public by any person or class of persons as it shall deem necessary to prevent the outbreak of such disease and such disease or the spread thereof and may determine in what manner and by whom any expenses incurred shall be defrayed.

Sec.2A confers power upon the central government to take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port and for such detention. The said provisions do not contemplate any permanent regulations and the rules governing the field of social distancing. While enacting the said legislation the draftsmen could not visualise the present complex nature of development viz. commercial and technological.

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The Disaster Management Act, 2005 was enacted to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measures by various ways of government for prevention and mitigating effects of disaster and for undertaking holistic, coordinated and prompt response to any disaster situations.

Sec.2(d) defines ‘disaster’ means a catastrophe, mishap, calamity or grave occurrence in any area arising from natural or manmade causes or by accident or negligent which result in substantial loss of life or human suffering. The reading of the definition shows that essentially the Act is directed towards post disaster management.

Similarly Sec.2(e) which defines disaster management also shows that it is directed only in relation to post disaster management. Sec.75 & 76 confer power upon the central government to make rules and regulations. Sec.78 confers power upon the State government to make rules but the said rules and regulations would be in relation to the Disaster Management but do not take into their fold comprehensive guidelines to regulate the social distancing and the crowd management at all places of congregation.

The legislations viz. Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005 cannot provide any regulation of social distancing and crowd management post lifting of the lockdown. There is a requirement of comprehensive legislation taking into its fold various types of congregation and necessary guidelines to be followed for regulating social distancing and crowd management. What we require is the prevention of spread of any virus due to human contact directly or indirectly. To minimise such a human contact directly or indirectly we need a comprehensive legislation stipulating various conditions taking into its fold various spheres of congregation.

The said legislation should also contemplate creation of expert body to frame respective guidelines in relation to social distancing and crowd management at different places of congregation.

The action that has been initiated by the State and Central governments presently is only for the purpose of controlling the spread of virus during the lockdown period but if the lockdown is relaxed, the parameters relating to social distancing and crowd management would be very essential and therefore unless such a legislation is brought into force it would be very difficult to live with the virus.

The writer is an advocate and can be reached at craghuadvocate@gmail.com

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