New Delhi: Minutes after Prime Minister Narendra Modi announced a 21-day nationwide lockdown, Union home secretary Ajay Kumar Bhalla issued directions saying anyone found violating the containment measures will be punishable by jail terms of up to two years under the National Disaster Management Act (NDMA) and the Indian Penal Code (IPC).
In an order, Bhalla listed essential services and people who are exempt from the restrictions imposed. “Any person violating these containment measures will be liable to be proceeded against as per the provisions of Section 51 to 60 of the Disaster Management Act, 2005, besides legal action under Section 188 of Indian Penal Code,’’ the order said.
Under the IPC’s Section 188, people found flouting the lockdown may face jail terms up to six monthsor fine up to Rs 1,000 or both.
The Sections 51 to 60 of the NDMA deal with obstructing government servants in performing their duties, making false claims while seeking any relief, misappropriation of money or goods, creating false alarm, or government servants failing to follow the guidelines, companies violating the orders.
Under the NDMA, a person refusing to abide by the directions of the government can be jailed for one year in first instance and up to two years in the second offence. For spreading rumours, the law provides for jail term of up to a year or fine of Rs 1,000 or both.
The law also provides for taking action against government officials and corporates for failing to comply with government directions. The Centre has also authorised the district magistrates to implement the lockdown orders.
Former Uttar Pradesh police chief Prakash Singh said these provisions are deterrents because they give powers to police to tell people that they have to go indoors and follow government directions else action will be taken against them. “Police won’t be interested in arresting hundreds of thousands of people.”
LN Rao, a retired Delhi police officer, said the law says that if anyone violates any government notification, then police have discretion to arrest or warn that person. “A person is eligible to get bail from the police station for this violation but such notifications should not be violated, particularly in a situation like this…”
