LEGALITY OF LOCKDOWN
As we all are suffering from a pandemic in our country caused by a disease known as Coronavirus and due to which our Government has implied lockdown in all over the country to stop the spread of the disease in public. There is a confusion in the society that lockdown and curfew are same but there is a slight difference i.e. during lockdown there is need of pass (issued by state government) to move around the state only for essential needs and services.
Now the main confusion arises on the legality of the lockdown and some laws of our country provides with the provision of lockdown and curfew for instance Section 2 of the Epidemic Diseases At,1897 which provide powers to Government for taking preventive measures and regulations to control dangerous diseases and some sections of the Disaster Management Act,2005 also provides powers and punishments for the safety of the citizens of the country. Section 188 of the Indian Penal Code, 1860 deals with the offence of disobedience of any order issued by the public servant.
During the emergency situations there is a suspension of Article 19 of the Constitution of India as it is provided in the article 359 that in an emergency situation any fundamental right may be suspended by the president order.
BY
VIVEK VASHISTH
