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THE PANDEMIC FLAWS?

Yashaswini Manasa

In recent times, not a day passes without having to read about irresponsible acts of people who have avoided screening at airports or hidden their travel history or fled from quarantine or have failed to comply with the health advisories for self-isolation which is - jeopardizing the safety of their fellow citizens. Do they all go scot-free or can they be punished under law?


It is important we understand the applicability of the terms before we analyze its implications. In public health practice, quarantine refers to separation and restriction of the movement of those who are exposed to a contagious disease, whereas isolation is a complete separation of people known to be infected with the communicable disease.


QUARANTINE FOR THE COVID-AFFECTED

The mandatory quarantine for mild/pre-symptomatic cases, the patient can be discharged after 10 days of symptom onset and no fever for 3 days, followed by home self-isolation for further 7 days. For severe cases, the patient is quarantined till clinical recovery.


QUARANTINE FOR THE CONTACTS OF COVID-POSITIVE PATIENTS

The contacts of the laboratory confirmed cases/ suspect cases of COVID-19 will be tracked and home-quarantined for 14 days. They will be monitored for clinically compatible signs and symptoms of COVID-19 for a period of 28 days.


LAWS GOVERNING LOCKDOWN AND QUARANTINE

In the event of public emergencies, reasonable restrictions to free movement or to lawful assembly is allowed under Art.19(3) & (5). Prevention of spread of a disease is the fundamental function of the public health law. The Supreme Court has held that every citizen has the right to health as an integral part of right to life and the government has a constitutional obligation to provide health facilities. At the same time, every right has a corresponding duty.


The present lockdown and quarantine is legalised under the Epidemic Diseases Act (1897), for prevention of spread of dangerous epidemic diseases. Breach of the promulgated orders are punishable with imprisonment upto 6 months and /or fine upto Rs.1000 by invoking Sec.188 of the Indian Pennal Code, (IPC).


Disobeying the norms prescribed for social distancing/ social isolation, coughing or sneezing without covering the nose and mouth with masks in public, loitering on the streets in groups and other acts that are likely to spread infection, would be punishable under Sec.269 & 270, IPC.If someone escapes or refuses to ‘quarantine’, the authorities may invoke provisions of Sec.271, IPC. Once, any of these provisions are invoked, the enforcement authorities may arrest the person involved.


It is therefore imperative to not only be aware of these laws and follow them strictly but also to report their violations as responsible citizens of the country.


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