Younis Ahad
Law is a tool which is used to regulate or control the society, also the behavior of its members. Law provides a harmonious and peaceful existence, without the same “disorder” will be created, there will be chaos, uncertainty. Law shapes and mends any system whatever, it also act against the unscrupulous, moves against those who outlaw. what is law asked by a commoner! Law is the set of rules made by the superior authority (those who are in power) for the inferior authority (those who are subordinated). Coronavirus, a deadly disease which has shocked and scared the world at large, it is disrupting the normal life, largely affecting the world economy, great scientists and researchers are surprised over its outbreak no specific treatment has been doled out till now. Similar situations are witnessed from our country too,it has created a panic situation among the nitizens particularly in Kashmir where the weather is inclement. Above 70 cases have been reported from our country along with one death case. In J&K two cases from jammu have been displayed so far .In these appalling and frustrating circumstances, Government has taken several precautionary measures under the law. Before discussing it legally lets precisely have a look on its history, towards the end of the December of last year authorities from China had informed the World Health Organization that they had an obscure issue I,e an infection was causing pneumonia like sickness in the city of Wuhan . They immediately confirmed that it was coranavirus which was quickly spreading outside the Wuhan and to the other parts of the world also. Subsequently WHO has declared world emergency as it has caused death to the thousands of people across the world. We have a chapter in our constitution viz fundamental rights which are inherit rights to every citizen of our country. The constitution gives a sort of protection against any arbitrary act. For instance every citizen has right to life and liberty , right to freedom etc but it is worth to say that these rights are not absolute Government can impose reasonable restrictions under the same sacred document. Article 19 (1) (d) of the Indian constitution provides freedom of movement. It guarantees right to move freely throughout the territory of India. Thus any citizen can travel any part f the country but article 19 (5) imposes a reasonable restriction in the interest of general public.
Measures taken by the Government or is going to take more are for the welfare of the society, it can also help in the maintenance of the economy of our UT as well as of our country.
To prevent the further spreading of coronavirus the Government can impose a travel ban from one state to another; it will ensure the safety of the citizens. The expression in the interest of general public connotes a wide interpretation. Anything which poses a danger to the public can be banned by the authorities. In the case of State of UP vs. Kaushalya AIR 1964 SC, the apex court has held that the right of movement of prostitutes may be restricted on the ground of general public. Clause (2) of the article 19 mentions public order it is synonymous with the public peace, safety and tranquilly. In other words Govt. owes power to restrict the movement of those who are suspicious of this epidemic. Article 21 which includes variety of rights like right to live a healthy life, right to live with dignity, the courts in India has power to take suo moto of any act affecting the public . PILs can be filed in the court of law under article 21 in order to direct the Government to act on the matter affecting the life of the citizens in fact various High courts have directed the Government to take the precautionary measures for COVID 19 . GOI has recently invoked Epidemic Disease Act 1887 to fight coronavirus. This Act is routinely enforced across the country for dealing to outbreak of diseases. It aims for better prevention of dangerous diseases. Section 2 of the same Act states that when any time the state Government (now ventral Govt.) is satisfied that the state or any part thereof is visited by or threatened with an outbreak of dangerous epidemic disease, the State Government if it thinks that the ordinary provision of the law for the time being in force are insufficient may take or empower any person to take such measures and by public notice prescribe such temporary regulation to be observed by the public as it shall necessary to prevent the outbreak of such disease. Section 3 of the said Act states that any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code. Measures taken by the Government or is going to take more are for the welfare of the society, it can also help in the maintenance of the economy of our UT as well as of our country.
(Author is a student of law .Views are his own, Younisahad222gmail.com )
