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LEGALITY OF LOCKDOWN

Amisha Tandon

 July 21 2020

3 min read

 
            INTRODUCTION:

A lockdown was imposed in India due to Covid-19 pandemic, thus whole nation was in home arrest. Although, the word lockdown is a new term which came in front of the country as this isn’t a legal term. There are various laws for epidemics and disasters but none of them have provisions regarding confinement of people nation widely at their homes. It was started with the announcement of JANTA CURFEW, as a day was given to the citizens of country to make their lives and livelihoods in an orderly manner. Then after that a national lockdown was announced by Prime Minister which was witnessed by the country as a disorganised outcome seen at railway stations, inter-state bus terminals, state borders, labour markets, etc, as it gave rise to huge number of unemployment for labour class of country while being far away from their homes. 


LEGALITY:

The legality of national house arrest can be seen, if emergency is formally promulgated. But in this case, the provisions of emergency have not been even invoked. The Central Government took remedy of Article 256 in which it is stated that “the Centre can give direction on how to implement the laws made by parliament”. Moreover Article 257 stipulates that “the executive power of the states should be exercised in a manner that does not impede or prejudice the executive power of the centre”. Furthermore, the Centre also took remedy of two separate and distinct laws for acting against the Corona Pandemic i.e. Epidemic Diseases Act, 1897 (EDA) And Disaster Management Act, 2005 (DMA). Meanwhile, the competent authorities of several states issued order under section 144, CRPC which prohibit for collective assembling of more than five people in public places. 


CONCLUSION:

The lockdown directed to draw “Lakshman Rekha” at every citizen’s doorstep which has been evident as a VIRTUAL DEATH PUNISHMENT for migrant workers, street vendors, daily wagers and small traders. But, after this entire turbulent outcome also, the DOCTRINE OF NESSECITY affirms loud and clear that “NECESSITY KNOWS NO LAW.”   
          

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