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Facts of the case.
Italy counts its dead at over 2500 with its stretched resources struggling to grapple with
a gargantuan medical crisis sparked by the coronavirus. Reports have emerged that
anyone showing symptoms of the disease who refuses to self-isolate risks being charged
with causing injury and being jailed for six months to three years apart from being slapped
with a fine. And if a “careless” coronavirus sufferer goes on to pass the bug to an elderly
person or someone made vulnerable by a pre-existing health condition, they can be
charged with “intentional murder” and can spend up to 21 years in jail.Other countries
are no less strict when it comes to dealing with such cases, though not surprisingly, the
Chinese hand out the harshest punishments. China which had similarly threatened
execution and long jail sentences during the 2002-03 SARS epidemic for anyone
avoiding quarantine and spreading the disease has said it would severely punish 36
crimes related to the prevention and control of the epidemic in accordance with the law,
in which violators could face the death penalty. Spreading rumours about the outbreak
has been linked to “subversion of state power” and will attract swift and harsh
punishment.In the United States, depending on state and local statutes, individuals
could face fines, criminal charges, and even jail time for breaking quarantine. According to
the Centre for Disease Control and Prevention, “federal, state, or local public health
orders may be issued to enforce isolation, quarantine or conditional release.”In Hong
Kong, police nabbed a part-time security guard at a shopping mall for allegedly writing
on social media that multiple staff members had caught a fever and gone on sick leave.
The messages “caused panic” and helped “breed paranoia”.Singapore imposes severe
penalties for non-compliance with the quarantine order, including fines or jail time. In
Saudi Arabia, a fine of up to 500,000 riyals ($133,000) is imposed on people who do not
disclose their health-related information and travel details at entry points. In India a
couple from their Honeymoon trip to Italy returned India on 20th of this month to
Chennai and they were tested Corona Positive and hence were advised to be in
Quarantine for the next few days in the isolation ward in Poonamallee. The couple
infected with Pandemic Covid- 19 tried to escape from isolation wards and they ran to
their residence and on enquiry the police officials tracked and arrested them for
disobeying the quarantine procedures and are into the trial now. Meanwhile few
students pursing their schooling from China affected with pandemic Covid- 19 returned
Chennai few days back and they also escaped from the same quarantine ward and thus
are asked by the police officials to try under Juvenile Justice Act.
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Issues.
★ Does this escaping from quarantine amounts to a crime under IPC?
★ Whether quarantine affects the Right to move freely?
★ Whether the students from China need to be tried under the JJAct or IPC?
★ Can the Epidemic Diseases Act of 1897 be Amended for the Sake of the Covid-
19?
★ Whether the couple be responsible for their escape from isolation Wards?
Legislations :
Indian Penal Code, 1860, S. 2. Punishment of offences committed within
India.—Every person shall be liable to punishment under this Code and not otherwise
for every act or omission contrary to the provisions thereof, of which he shall be guilty
within India.
In India, the central government has taken several measures to deal with the epidemic,
including setting up of quarantine facilities and rescuing Indian citizens stranded
abroad. Both the centre and state governments are empowered to regulate
health-related matters.
The Epidemic Diseases Act is the main legislative framework at the central level for
the prevention and spread of dangerous epidemic diseases. The Act empowers the
central government to take necessary measures to deal with dangerous epidemic disease
at ports of entry and exit. The Act also empowers the states to take special measures or
promulgate regulations to deal with epidemics within their state jurisdictions.
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home secretary under Section 10 of the Act and he being the Chairman of the National
Executive Committee (NEC), the powers are vested with him.
Under the Epidemic Diseases Act 1897, thus, any state government, when satisfied
that any part of its territory is threatened with an outbreak of a dangerous disease, may
adopt or authorise all measures, including quarantine, to prevent the outbreak of the
disease.
It is not necessary that the offender should intend to produce harm or contemplate his
disobedience as likely to produce harm. It is enough that he knows of the order which
he disobeys, and that his disobedience produces, or is likely to produce, harm. Such
offence, at the discretion of the trial magistrate, may be tried summarily. No suit or
legal proceeding lies against any person or authority for anything done, or in good faith
intended to be done, under this Act.
3. Penalty.—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 (45 of 1860). { S. 188 in The Indian Penal Code- Disobedience to order
duly promulgated by public servant.—Whoever, knowing that, by an order promulgated
by a public servant lawfully empowered to promulgate such order, he is directed to
abstain from a certain act, or to take certain order with certain property in his
possession or under his management, disobeys such direction, shall, if such
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disobedience causes or tends to cause obstruction, annoyance or injury, or risk of
obstruction, annoyance or injury, to any person lawfully employed, be punished with
simple imprisonment for a term which may extend to one month or with fine which may
extend to two hundred rupees, or with both; and if such disobedience causes or trends
to cause danger to human life, health or safety, or causes or tends to cause a riot or
affray, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or with
both. Explanation.—It is not necessary that the offender should intend to produce harm,
or contemplate his disobedience as likely to produce harm. It is sufficient that he knows
of the order which he disobeys, and that his disobedience produces, or is likely to
produce, harm. Illustration An order is promulgated by a public servant lawfully
empowered to promulgate such order, directing that a religious procession shall not
pass down a certain street. A knowingly disobeys the order, and thereby causes danger
of riot. A has committed the offence defined in this section.}
Under Section 270 of the Indian Penal Code, whoever malignantly commits any act
which is, and which he knows or has reason to believe to be, likely to spread the
infection of any disease dangerous to life, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
Section 271 in The Indian Penal Code- Disobedience to quarantine rule.—Whoever
knowingly disobeys any rule made and promulgated 1[by the 2[***] Government 3[***] for
putting any vessel into a state of quarantine, or for regulating the intercourse of vessels
in a state of quarantine with the shore or with other vessels, or for regulating the
intercourse between places where an infectious disease prevails and other places, shall
be punished with imprisonment of either description for a term which may extend to six
months, or with fine, or with both.
Section 269 in The Indian Penal Code- Negligent act likely to spread infection of
disease dangerous to life.—Whoever unlawfully or negligently does any act which is,
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and which he knows or has reason to believe to be, likely to spread the infection of any
disease dangerous to life, shall be punished with imprisonment of either description for
a term which may extend to six months, or with fine, or with both.
It is argued that quarantine affects the fundamental right “to move freely throughout
the territory of India.” However, this right is subject to reasonable restrictions that the
state may impose in the interest of public health.
The Epidemic Diseases Act also gives wide-ranging powers to the states. In such
government may also take measures and prescribe regulations for the inspection,
vaccination, and inoculation of persons travelling by road or rail, including their
segregation in a hospital, temporary accommodation, or otherwise, if such persons are
suspected by the inspecting officer of being infected with any such disease. A state
government, by general or special order, may also empower a deputy commissioner to
exercise, in relation to his district, all the powers under Section 2 of the 1897 Act that
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Many of these powers are prescribed in municipal corporation acts governing “major
or collectors with quarantine or other powers. These can be in relation to removal of a
person to separate premises for medical treatment, cleansing or disinfecting any
building or part of any building or any articles, taking special measures in case of the
The ambit of Section 2 of the Epidemic Diseases Act is wide enough to allow a state or a
lower functionary in the administration, in dealing with an emergency caused by the
outbreak of a dangerous disease, to seek or require the cooperation of the public or
corporate bodies in the public or private sectors. If the desired cooperation is not
forthcoming, a regulation may be imposed. Failure to obey or comply with restrictions
quarantine laws (see box) have been reported from some places in India but it does not