Nitesh Jandial
According to the Cambridge Dictionary, "Lockdown is a situation in which people are not allowed to enter or leave a building or area freely because of an emergency."
Why is India Locked-down?
In December 2019, Corona Virus outbreak started in Wuhan city of China which is now affecting almost all the countries in the world including India. The W.H.O (World Health organization) declared it a public health emergency of international concern on 30th January, 2020 and the deadly desease as a pendamic on 11th March, 2020. As a result on 24th March,2020, Prime Minister of India announced national wide lockdown from 25th March, 2020 to 14th April, 2020 to stop the spread of Corona Virus in the country.
Wheather the Government can declare it as a National Emergency?
However, this cannot be permissible under Constitunal Law of India. There are three types of emergencies: 1.National Emergency, 2. State Emergency, and 3. Financial Emergency. State Emergency can be imposed in a particular state due to the failure of the constitutional machinery in that State and Financial Emergency is regarding the financial condition of the country. Whereas, National Emergency can be imposed only if there are: 1.War, 2 External Aggression or 3. Armed Rebellion in the Nation. There are only three grounds in which an emergency can be declared under Article 352.
Is the Prime Minister's Lockdown order valid?
On March 24,2020, the announcement of Lockdown came in the backdrop of Covid-19 or we can say Corona Virus outbreak and further to maintain Social Distancing to stop the spread of the virus.
The Central Government is vested with powers to lying down the policies, plans and guidelines for disaster management for ensuring timely and effective response to disaster under Disaster Management Act, 2005.
Now the question arises, wheather, the Corona pendamic falls under the definition of Disaster? The answer is yes. According to section 2(d) of Disaster Management Act, 2005, Disaster means " a Catastrophe, mishop, calamity or grave occurence in any area, arising from natural or man made causes or by accident or negligence which results in substantial loss of life or human sufferings or damage to or degradation of environment and is of such a nature or magnitude as to be beyond the coping capicty of the community of that area."
Hence, The Ministry of Home Affairs under Disaster Management Act, 2005 issued the lockdown order on March 24, 2020 directing the authorities to implement the measures to restrict the movement outside the houses and closure of all offices, factories and shops except those considered as essential goods and services.
STAY HOME, STAY SAFE. |
