In our country, disobedience to quarantine rule is punishable under Section 271 of the Indian Penal

Code, 1860 with imprisonment of either description for a term which may extend to six months, or with
fine, or with both. Failure to take requisite precautions despite being aware of the possibility of the
spread of such infection or disease is punishable under Sections 269 and 270 of the IPC. Under Section
269, whoever unlawfully or negligently does 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 up to six months or fine or with both fine and imprisonment.

Under Section 270, Whoever malignantly does 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.
Malignancy is characterized in diseases that are highly virulent, infectious and life-threatening.
Disobeying the norms prescribed for social distancing, coughing or sneezing without covering the nose
and mouth, not wearing masks in public, disregarding norms for social isolation, loitering on the streets
in groups, socializing in disregard of the prescribed regulations, etc. are all punishable offences under
Section 270.

India has invoked powers under the Epidemic Disease Act, 1897 to control Covid19. This act is 123-year-
old legislation with just four provisions that allow the State to inspect people travelling by railways, ships
(air travel was not an option at the time when this law was enacted) and segregate suspects in hospitals,
temporary accommodations or otherwise. It was enacted in Feb 1897 with the objective of preventing
the spread of dangerous epidemic diseases. As per this law whenever the country or any state or any
part of the country or any state are faced with an imminent threat of the spread of any dangerous
epidemic disease and the existing provisions of the ordinary law are insufficient to prevent its outbreak
or contain its spread then It empowers the Central as well as State Governments to take necessary
measures to prevent the outbreak or spread of such epidemic. However, since Public health features in
the state list under the Seventh Schedule of the Constitution of India, the Centre is relegated to an
advisory role and the onus of invoking and imposing the laws as well as regulations lies primarily on the
states.

Towards this end, they may take or require or empower any person to take such measures as may be
deemed necessary. They may also, by public notice, prescribe temporary regulations to be observed by
the public or by any person or class of persons to prevent the outbreak or spread of the epidemic. Any
person who disobeys any regulation or order passed under this law shall be punishable under Section
188 of the IPC, 1860 with imprisonment for a term ranging from one to six months. For conviction under
Section 188, 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. Additionally, States may also issue orders
by invoking Section 144 of CrPC, 1973 to restrict public gatherings and impose a curfew. Violation of
orders under section 144 CrPC is also punishable under Section 188 of the IPC.

The officers entrusted with the responsibility of enforcing the orders or regulations enacted under the
Epidemic Disease Act, 1897 shall be protected from prosecution for anything done by them in good faith
towards the implementation of this law. With an objective to replace this old law, A Public Health
(Prevention, Control and Management of Epidemics, Bio-terrorism and Disasters) Bill was drafted by the
Ministry of Health and Family welfare in 2017 to empower local government bodies for taking swift
action during emergency situations. Had it been enacted, the authorities would have been better
equipped in the present scenario.

We also have the Disaster Management Act, 2005 that provides for effective management of man-made
and natural disasters which may result in substantial loss of life or human suffering. Biological disasters
that may be caused by epidemics are covered under National Disaster Management Guidelines, 2008 for
the management of biological disasters drafted by National Disaster Management Authority,
Government of India. We also have a National Disaster management plan, 2019 to strengthen disaster
resilient development and enhance our capacity to recover from them.

These are testing times. We all need to understand the magnitude of the catastrophe that awaits us if
we disregard the precautionary measures mandated by the State. We all need to follow the rules
prescribed for hygiene such as washing hands frequently, social distancing, wearing masks, using
sanitizers, safe disposal of used tissues, staying indoors, self-isolation during sickness and reporting to
the health care authorities immediately upon developing any symptom. More than laws and regulations,
it is public support that can help.