Prevent coronavirus, fake news, false claims

The Press Council of India has asked print media to stop and prevent the publicity and advertisement of claims related to Ayurvedic, Yoga and Naturopathy, Unani, Siddha, and Homeopathy (AYUSH) to prevent dissemination of misleading information about AYUSH drugs and services in view of the emerging threat due to Covid-19 spread. It also warned to them to face legal action for violation including jail term under Disaster Management Act, 2005. However, nothing should stop evidence-based research among AYUSH to prevent or treat the virus.

Maulana Saad Kandhalvi, the head of Tablighi Jamaat that organised a religious gathering now linked to several Covid-19 deaths and spread of virus all over India is slapped with several criminal cases. He is "untraceable" since March 28 according to Union Minister for Minority Affairs. An FIR is registered against Maulana Saad and Dr Zeeshan, Mufti Shehzad, M Saifi, Younus, Mohd Salman and Mohd Ashraf under Epidemic Diseases Act and Sections 269 (negligent act likely spread infection of disease dangerous to life), 270 (malignant act likely to spread infection of disease dangerous to life) and 271 (disobedience to quarantine rule) of the Indian Penal Code. Police are also looking into the veracity of an audio clip in which Saad is purportedly head saying there was no need to fear CPVOD 19 and insisting that there was no need to obey the instructions.

Any State anywhere in the world is expected to effectively use its machinery to prevent and punish the spread of disease. The law and courts may take time to decide who the criminal is, but it is the duty of the administrators to efficiently deal with the wrongs and crimes arising out of this international disease.

States have police power functions to protect the health, safety, and welfare of persons within their borders though the laws can vary. Police powers means the State can enforce the laws of land against foreigners, foreign investors and may even revoke the concessions given following due process.

In most States, breaking a quarantine order is a criminal misdemeanour. Delhi, Kerala and Telangana administrators are effectively trying to trace the persons who arrived from foreign countries, attended larger congregations and mixing up with the people causing the spreading of disease.

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. He can be liable to be punished with imprisonment from one month to six months. In a communication to the States on March 24, the Home Ministry said persons violating the containment measures will be liable to be punished under provisions of the Disaster Management Act 2005, besides Section 188 IPC. Similarly, breaching the orders passed under Epidemic Diseases Act can also lead to punishment under Section 188 IPC.

Section 271 of IPC punishes the disobedience to quarantine Rule. "Whoever knowingly disobeys any rule made and promulgated by the government 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, 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 278 says: "Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees".

Any person carrying infection knowingly mixing up with people, shaking their hands, spitting openly or coughing or sneezing deliberately to release droplets to carry the disease can be booked under these laws.

Deliberate spitting on road or public place, coughing amidst people, sneezing without covering the face with cloth, can become serious crimes if the person doing is infected with disease and he knew it.

Section 505 IPC 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. Section 54 of the Disaster Management Act 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.

Powers under Disaster Management Act 2005

Section 51 of the Disaster Management Act, 2005 provides for punishment for two kinds of offences: obstructing any officer or employee of the government or person authorised by any disaster management authority for discharge of a function; and refusing to comply with any direction given by the authorities under the Act. Punishment can extend to one year on conviction, or two years if the refusal leads to loss of lives or any imminent danger.

Under Section 52, Disaster Management Act, whoever makes a false claim for obtaining "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.

Any authorised authority under the Disaster Management Act can request resources like persons and material resources, premises like land or building, or sheds and vehicles for rescue operations. Though there is a provision for compensation under the Act, any person who disobeys such an order can be sentenced to imprisonment up to one year.

For any offence under the Disaster Management Act, a court will take cognisance only if the complaint is filed by the national or State or district authority, or the Central or State government. However, there is another provision: if a person has given notice of 30 days or more about an alleged offence, and about his intention to file a complaint, he or she can approach the court which can then take cognisance.

The Act protects government officers and employees from any legal process for actions they took "in good faith". Under the Epidemic Diseases Act too, no suit or other legal proceedings can lie against any person for anything done or intended to be done under good faith.

Besides, the States are invoking Section 144 of the Code of Criminal Procedure that prohibits the assembly of people. Additionally, Section 188 of the IPC requires obedience of orders passed by a public servant. Violating orders issued by a public servant can lead to a fine of Rs 200 and simple imprisonment of one month for violating an order of a public servant. The penalty of Rs 1,000 and imprisonment of six months can also be imposed, if the disobedience causes danger to human life, health or safety.

There are enough provisions in law to deal with attacks on doctors and public servants including the police, which need to be enforced sincerely and the people have a duty to follow the law for their own reason, to save them and safeguard others.

World over, any reckless or deliberate infliction of coronavirus infection will amount to crime and attracts serious punishment of imprisonment under their penal codes, which are like Indian Penal Code. It is possible to impose a minimum of two years imprisonment.

Various kinds of crimes are surfacing with the coronavirus spreading- such as domestic violence, defiance of quarantine protocols, the landlords and colonies evicting the doctors, medical personnel involved in treating the virus, etc, attacking the police and doctors on duty, abusing them, and as evidenced by hundreds of videos of cruel behaviour of police assaulting and torturing the men coming out on roads during curfew times or otherwise. Spreading fake news is yet another serious crime being committed during these times. Besides these crimes, certain groups are deliberately spreading the virus through their criminal contamination of virus with meetings, food supply and other services. It may be mentioned here that Assam State ordered the police to register criminal cases against the landlords who compel doctors to vacate.

(The writer is former Central Information Commissioner and Professor at Bennett University)