Breakdown of Legal Rights in Quarantine
Author: Ankita Gupta
Designation: Third year, BA LL.B (Hons.); P.E.S. MODERN LAW COLLEGE
Email ID: firstname.lastname@example.org
TOPIC: COVID-19: Your Legal Rights In a Quarantine
COVID-19 is a contemporary ailment that blocks your airway and affects the lungs. It is caused by a virus called Coronavirus.
Started from the “Wuhan”, which contained and suppressed the virus in earlier December 2019 till late mid-January 2020 by the Chinese authorities. Instead of notifying the WHO about the virus, they allowed millions of individuals from Wuhan to leave the city unscreened, many of whom then travelled the world. Due to the worsening condition, the information declared soon about the virus yet if asked about the topic of the origin of the virus the foreign affairs spokesperson of Chinese authority ludicrously claims that the US Army was responsible for smuggling the virus into Wuhan during the drill exercise in the month of September 2019.
But with all the investigation done it is said that the first carrier of Coronavirus was from China. Instead of China, we can see most of the countries like Italy, Iran, Germany, Spain, France, India, etc are badly affected. From suspending the air route to asking people to work from home, life has been brought down to its knees in the wake of the coronavirus.
STAGES OF COVID-19
Stage 1: Imported Cases- When the virus has been carried out by the people travelling from abroad. It is the foremost stage of the virus. In India, the initial virus carriers are believed to be a patient in Kerala who was the first confirmed coronavirus case in India.
Stage 2: Local transmission- When people come in touch with those who have a travel history to countries affected by a coronavirus, it is the second stage. India is currently in the second stage of the coronavirus outburst.
Stage 3: Community Transmission- Community transmission happens when the infected individual has not come in contact with anyone who has a travel record to the countries affected by a coronavirus. Huge scope spread of the infection happens in this stage. India has gone through this phase of infection spread.
Stage 4: Epidemic- Outbreak Stage. This is what happened in China and now presently in India when large masses got infected and there was an exponentially emerging number of confirmed cases as well as deaths.
COVID-19 in terms of LAW
The novel coronavirus who has stumbled the economy has also put a barrier on our rights, our self-esteem, our freedom, etc. Just a virus, who has changed each one of our life. From the shutdown of schools to college, workplace to stationary, countries to its law everything is a lockdown. The unknown deadly virus is frightening not only to you but to each one of us.
The novel virus is the disaster of law. Let's see the impact of a novel coronavirus in Indian Law:-
Let’s understand the term “Quarantines” which has been imposed on every single individual or citizen by the government.
Certainly the quarantine has made us move in a very limited space, yet the development hasn’t stopped. Quarantines are considered to have border control.
The restriction imposed on citizens. In order to make the distance from the victims of coronavirus, the government orders to maintain social distancing from each other terminated religious gathering and imposed section 144 of IPC.
According to the rights and freedom stated in our constitution, yet the laws have never been so clear which protect them i.e. not defined properly which can be interpreted in any way that is a drawback to our norms to maintain it precisely.
Article 14 of the Constitution of India derives equality before the law and equal protection of the laws within the territory of India.
When do we observe the word ‘Protection’ does it talk about protection with people, animals, bacteria, rights, or coronavirus?
Today no one is protected from COVID-19 where is the law who stood for its words, is it lost somewhere?
Thousands of people are dying, where is the shield of law towards their citizens. Does not it affect the lives of an individual? It does violate Article 21 of the Indian Constitution, it states the right to life, personal liberty, lives with dignity, dies with dignity, etc.
The novel coronavirus has spread like a flame in the forest which impedes the right to move freely from one place to another place within any state of India. Therefore, it also violates Article 19 (1)(d) of the Indian Constitution.
“THE PROTECTION IS NOWHERE AS EVERYTHING FAILED”
To support the above statement the observation done states as the courts are shut down there is the delay to justice. Prisoners are freed, given an exemption and are released early due to the impact of the virus. Is it the protection? This may raise fear in the minds of people. Is this the law which states the protection of its citizens?
Nowadays, if an individual is found on the road it's sure he/she will be beaten up by the Police authority of the respective locality. Why Police authorities are given free power? Do we get equality here? No, we don't. It violates our freedom as a Human. Being a rightful citizen of the country is the duty and pledge of the government to secure its citizen from any foreign virus or attack of any means. It violates Human rights - the right to live.
Legal Rights are our rights for the benefit of mankind. It's the right given to us by birth. Which cannot be taken away by us for any cause yet the Indian government restricted all our rights and freedom from us due to the novel Coronavirus. Many questions were raised up to the government yet the answer was only one i.e. just for the safety of its citizens there were restrictions and a government had the power to impose such steps on its citizens in the time of health emergencies. One mistake from Wuhan troubled the whole universe.