Laws• In order to tackle this unprecedented situation, Government invoked various laws. Let’s discuss those laws in detail:
• Epidemic disease act,1897- In April, Centre amended the epidemic disease act, making attacks on healthcare workers a cognizable, non-bailable offence. The colonial era act empowers the state governments to take special measures and prescribe regulations in an epidermic, defines penalties for disobedience of these regulations, and provides for immunity for actions taken under the act in “good faith.”
• Section 188 IPC-It deals with those disobeying an order passed by a public servant, and provides for imprisonment ranging from 1 to 6 months. For those violating orders passed under epidermic diseases act, section 188IPC is the provision under which punishment is awarded.
• Section 505 IPC-It provides for imprisonment of three years or fine, or both, for those who publish or circulate anything which is likely to cause fear or alarm.
• Disaster Management Act,2005-Various provisions of this act which are pertinent for the discussion here are as follows:
Section 51-It provides for punishment for obstructing any officer or employee of the government or person authorised by any disaster management authority for discharge of a function and refusal to comply with any direction given by the authorities under the act.
Section 52 – Under this, whoever makes a "false claim, any relief, Assistance, repair, reconstruction or other benefits" from any official authority can be sentenced to a maximum of two years imprisonment and a fine will be imposed on the person.
Section 54 – It provides for imprisonment extending to one year, of those who make or circulate a false alarm or warning regarding a disaster or its severity or magnitude.
Any authorised authority under the act can requisite sources like persons and material resources, premises like land or building, or sheds and vehicles for rescue operations. There is a provision for compensation under the act but if any person who disobey such a order can be sentenced to imprisonment up to one year.
The act protects government officers and employees from any legal process for actions they took in good faith. The same is the case under epidemic diseases act.
In case of refusal or withdrawal of any officer who has been tasked with any duty under the act, the officer can be sentenced to imprisonment extending to one year(but not if there is a written permission from a superior or exemption aunder any lawful ground.)
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