It’s perplexing that when China is still in lockdown, work has resumed on infrastructure projects in Tibet. India must watch these developments carefully and take necessary measures
The Prime Minister had appealed for a “Janta (people) Curfew” on March 22 in a bid to prevent the deadly Coronavirus from spreading into the community on a larger scale. At that time, Narendra Modi’s appeal got an overwhelming response from all citizens and we stood together to do his bidding. Unfortunately post the Janta Curfew, people are not taking the 21-day lockdown announced by Modi seriously and are coming out of the homes.
For instance, in Hyderabad’s Hi-tech City, where most of the highly-educated software professionals reside and software companies are located, there was a major traffic jam on March 25 and the streets were filled with people. Similar violations of the curfew are being reported from other parts of the country, like Delhi, Noida, Chandigarh and so on. This is despite repeated warnings by the Government about the need for social distancing to stem the spread of the Coronavirus.
We have witnessed the impact of the virus in Italy and the US due to the lack of social distancing, despite constant reminders by the Governments there on the importance of doing so. Citizens of India, and the world at large, are very conscious of the fundamental rights as guaranteed under the respective Constitutions of their countries. However, are we equally conscious of our duties towards our countries? As the citizens of India, we are obligated to abide by the fundamental duties contemplated under Article 51A of our Constitution. Article 51A was incorporated into the Constitution by the 42nd Amendment in 1976 and came into effect from January 3, 1977. The Article contemplates fundamental duties that citizens of the country are obligated to follow. These include abiding by the laws and the directions issued by the State in the interest of the public. These are all constitutional obligations cast upon the citizens to help in the promotion of the spirit of patriotism and for upholding the unity of the country.
Pursuant to the same, we performed our fundamental duty when we responded to the call for the “Janta Curfew.” Post the March 22 curfew, we still continue to have obligations towards the nation’s security and the health of its people. We should not only enjoy the fundamental rights guaranteed by the Constitution but we are also obligated to adhere to the fundamental duties.
The Government has got every right to give appropriate directions in such times of calamities and we are obliged to follow the same. In case we do not discharge our obligations in relation to our fundamental duties/obligations as contemplated under Article 51A, the State would be entitled to register cases against us under various provisions of the Indian Penal Code ( IPC), more particularly under Section 269 and 270 of the IPC.
Section 269 says that, “Whoever unlawfully or negligently does any act, which is and which he knows or has a reason to believe to be, likely to spread the infection of any disease dangerous to life shall be punished with imprisonment up to six months.”
Section 270 of the IPC also implies that, “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.”
The Government may also invoke the Epidemic Disease Act, 1887, for better prevention of spread of dangerous epidemic diseases. The Central Government may take measures as warranted and any violation of the same constitutes an offence under Section 188 of the IPC, which stipulates that any disobedience of an order promulgated by a public servant is an offence and shall be punished with imprisonment for a month.
In case State Governments are unable to channelise financial resources, in the light of the present calamity which obviously has an enormous adverse effect on the country’s economy, the Central Government may invoke Article 360 of the Constitution and impose financial emergency. The cost of the COVID-19 lockdown in India has been pegged at Rs 9 lakh crore or four per cent of our Gross Domestic Product (GDP), according to a report by British brokerage Barclays. A report by Nomura had said that as over 75 per cent of the Indian economy will be shut down during the 21-day period, the lockdown will lead to a direct output loss of approximately 4.5 per cent.
At present, almost 80 per cent of the major financial centres of the country have been locked down, including commercial cities such as Bengaluru, Mumbai, Pune, Hyderabad, Kolkata and so on. The US dollar is at an all-time high against the Indian currency i.e., equal to Rs 75.62.
Most of our economy is dependent on small businesses and also the daily-wage earners. In the light of the total lockdown of the country, the State has to take care of the daily-wage workers who are deprived of their livelihood during this period as it would be impossible for them to survive without it.
In fact, Finance Minister Nirmala Sitharaman announced a series of financial relief and welfare measures on Thursday for the farmers, the poor, widows, daily-wage and migrant workers as the country prepares for a long lockdown. The Government announced a Rs 1.7 lakh crore Prime Minister Gareeb Kalyan Yojana. Sitharaman announced that the relief package would include direct benefit cash transfers, free Liquefied Petroleum Gas (LPG) to families living Below the Poverty Line (BPL), grains and pulses for the poor while the middle class would be able to withdraw funds from their Employees’ Provident Fund (EPF) account. The Government will pay EPF contribution, both of the employer and employee, for three months for all those establishments with less than 100 employees out of which 90 per cent earn less than Rs 15,000 per month. It also announced collateral-free loan doubled to Rs 20 lakh to 63 lakh women self-help groups that will help seven crore households.
The Government also announced insurance of Rs 50 lakh for medical professionals who are on the Coronavirus frontline. As of now, the Government is fulfilling its responsibilities towards the citizens.
However, Article 360 says that if the President is satisfied that the situation has arisen whereby the financial stability or credit of India or any part thereof is threatened, he/she may declare a financial emergency.
During this period, the executive authority of the Union is empowered to give directions to the States to follow the same. Any such direction may also include a provision requiring the reduction of salaries and allowances of all or any class or people serving a State or the Union Government.
A provision requiring all Money Bills and other Financial Bills to be reserved for the consideration of the President after they are passed by the Legislature of the State is also there. A proclamation issued under Article 360 shall remain in force for two months unless before the expiry of the period it is approved by both the Houses of the Parliament. Once approved, it remains in force until revoked by the President. Till now no such financial emergency has been imposed under Article 360 and the Government is doing all it can to mitigate the financial woes of the people that have been brought upon them by the lockdown. However, this may not be the case in the long run as the Coronavirus cases across the country are rising exponentially on a daily basis.
State Governments across the country are preparing quarantine centres in preparation of the expected onslaught of the virus if we are unable to contain the contagion. In these circumstances it may become necessary for the Central Government to take the appropriate decision to invoke Article 360 of the Constitution or else the State Governments may face a severe financial crunch.
The Modi Government has taken the lockdown decision in the nick of time although it could have done it a bit earlier. And all the citizens are obligated to heed the advice and warnings given by the State and Central Governments in this regard by confining themselves to their homes and only come out in case there is an emergency and for buying essential items.
It is time for us to realise the seriousness of the pandemic and follow the social distancing and lockdown instructions given by the Government to the letter. If we expect our Government to respect our fundamental rights then we have to perform our fundamental duties, too. It is not a one-way street. It is mandated by the Constitution.
(The writer is an Advocate in the Andhra Pradesh and Telangana High Courts)
