COVID-19 LOCKDOWN AND ITS CONSTITUTIONAL VALIDITY?

The Constitution of India under article 21 provides its citizens with the right to life and personal liberty.Similarly, article 19 of the same provides the people with the right to freedom. However, with the advent of the novel corona virus, this freedom and liberty has been taken away temporarily, as the government has imposed a 21-day lockdown throughout India with the contention of enforcing “social distancing” so that the spread of this deadly virus can be curbed. 

Thus it becomes necessary to determine whether such a lockdown is constitutionally valid and if so, are there any penalties or punishments being enforced if this lockdown is breached by the individuals. 

The right to health has been considered as an integral part of article 21, and obligates the State to take such steps which can help them to achieve the highest possible standards of living. Accordingly, in light of the ongoing pandemic, the protection of public health becomes the utmost priority, and therefore curbing the liberty provided by article 21 and the right to freedom of movement laid down under article 19, can help the State and the citizens to achieve this goal. Moreover, it will enable the citizens to practice the concept of social distancing, ultimately preventing themselves from COVID-19. 

In light of the same, the government has laid down and invoked various legislations and penalties of the Indian Penal Code:

Section 188 of the IPC, which has been very clearly mentioned under The Epidemic Diseases Act of 1987 invoked by the State, provides for the imprisonment of any person who disobeys the order given by any public servant in light of such epidemic and restricts them to perform or do any such act which may obstruct or injure or infect others, with a period of about six months or more, and may also insure them with a certain amount of fine if required; 

Section 269 of the IPC, which imposes imprisonment for a period of six months or fine, or both, as maybe necessary in case of any act which maybe done negligently, causing the spread of any infectious disease which is dangerous to life;

Section 270 (IPC), which imposes imprisonment for a period of six months, or fine, or both, for any act done malignantly, causing the spread of any disease or infection dangerous to life;

And lastly, section 270 (IPC), which penalises any person for a period of six months or so, for the disobedience of any quarantine rule imposed by the State. 

Apart from this, the State has also invoked The Disaster Management Act, which has identified corona virus as a disaster infection and accordingly provided the necessary procedures and measures to be taken.