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Does India in need of National/ State wide Corona Relief Act like other Developed Countries?

I have been witnessed the en number of people has lost their jobs, lost their business and suffered seriously under the poverty due to Corona Virus spread in various states including Tamilnadu, Karnataka, Kerala and Andra Pradesh. The government has rely on their executives and continue changing their rules, regulation and orders rapidly and people has no clue what will be next?.

Most of the people lost their employment, many of the traders were restricted to do their business and ultimately their family suffered for bread and butter. The government has taken significant actions to control the corona virus and give aid to affected and those were not successful, where Corona keep spreading day by day.People has desperate to survive but they were restricted by the executives by Section 144 of Cr.PC.

This article has taken survey with a comparative law study and where there were countries has enacted specific corona acts and succeeded in the reducing the impact of corona.This article suggested the union and state government to enact such a permanent act rather than engaging section 144 of Cr. PC by the executive magistrates that affects the trade and commerce, obviously deprived for everything.

The target audience for this article are legislative Politicians, Hon'ble Judges and follow advocates, human rights pledges and social workers. I encourage the legal expertise to publish further articles in this regards.

WHO Reported Corona Cases in May 2021
The World Health Organization (WHO), has officially reported 153954491 (15.39 Crore) peoples were affected and there were 3221052 (32.2 lakhs) people reportedly dead due to Corona Virus during the past one year (as on 05.05.2021) and all the Governments around the world strive to increase the medical & scientific resources, facilities in their countries and takes significant action to reduce the spread of virus by announcing lack-down and also implementing vaccine at emergency circumstances.

There were 194 countries' membership in WHO, which has taken significant steps to control the virus through various national wide programs throughout the world and also trying to improve the correlation between the countries. The Corona Virus has been seen one of the ultimate threat in this 21st Century and Corona virus could not be controlled since it has expanded itself as various types such as 229E, NL63, OC43, HKU1,MERS-CoV (MERS- Middle East Respiratory Syndrome), SARS-CoV, SARS-CoV2 which cause Covid-19 (Severe acute Respiratory Syndrome) . There were several developed countries swiftly enacted laws and passed several acts and the aforesaid acts had significant impacts in controlling the Corona Virus in their Countries.

Corona Virus Impact on India
The world health organization has been reported by Government of India with 24,046,809 corona cases and 2, 62,317 deaths by May 2021. https://covid19.who.int/region/searo/country/in

The elections were conducted in several states in India during the lockdown period and there were millions of peoples gathered and participated in election campaigns and where the government and election commission has overlooked the restrictive gathering practices during the corona spread and pay serious attention to retain their political power and thus, The Union of India has suffered significant human loss than any other countries during the second wave of Corona Pandemic (March 2021 to May 2021), should enact quickly Laws that required for the entire country by providing the various reliefs and this study may help the law makers in state & union, Hon’ble judges by referring various provisions of such laws around the world.

The citizens of India have depended up on the state/union laws, rules for controlling the virus spread and, where as common men whereas the state depended up on the reliefs granted but the country / state has no such specific act and blindly rely on their executive forces, whereas these officials continuously reporting that they are controlling the spread and reducing the death of common-men is inevitable. Many of the countries imply Specific rules, decree and acts to reduce the impact of the Corona Virus and make the legislatives to control the corona spread and make corona death as evitable.

Corona Lock Down in Union of India & It’s State
Though some of the states took proactive measures in controlling the spread of the virus by restricting the human activity through e-pass for interstate and intra-state, many of the states in India could not control the virus spread because they could not obtain the same cooperation from the people and also has no proper support from the neighboring state, neighboring district since there were no uniform act for controlling the spread.

The merchants and public were restricted by the government from their day to day life without any specific law and where some of the police/ public servants misused the order on their own fairs by restricting the trade, rather than controlling the virus spread and whereas the human rights abuses against the merchants continue to increase every following weeks. The government has struggled to maintain the equilibriums of controlling the virus, also sustaining trade and without affecting the economy.

The executive magistrates has implied Section 144 of Code of Criminal Procedures in their jurisdiction and whereas they rely on the state police to maintain the order to prohibit the assembly of four or more people in an area and where the police can book cases against the people for engaging in rioting. The aforesaid orders are largely misused by the state police where the police men shows their muscular power against the innocent peoples and increasing the human rights abuses in many of the states.

Though many of the states in South India including Tamilnadu and Kerala has used their police force with more humanitarian ways and Tamilnadu DGP has given proper guidance to police man in controlling the public during the corona lock down but the Karnataka state police has reportedly unethical and unleashed their armed powers against the innocent people during the Corona Lock down and the following links might help to know how the 144 section has been misused by Karnataka state police.
  • https://www.youtube.com/watch?v=sPtGbvqTBhw&feature=youtu.be
  • https://www.youtube.com/watch?v=ZWW-WX3Ae9Y
  • https://www.youtube.com/watch?v=kfSO8RW6GaY
The acts, rules in one state vary from the other, where merchants and common man could not carry forward their day to day life and has been harassed by the abusive police man and significantly suffer without any specific “CORONA ACT” by union of India to issue a proper guide line to the executives. The people are desperate to save their families and have no other option to rely on the government for their basic needs but the Government has not yet to come up with a Corona Relief Act and thus, they may not control and manage the impact of the deadly Corona virus, and the author has done some research and suggested some of laws around the world to the union/ state governments for enacting such laws in the country.

The National Disaster Management Authority of India has endeavored to find solutions to decrease the impact of the disaster in the country and apply a “National plan” as specified in the S.11 of Disaster Management Act along with the compendium laws rather than apply a “Independent Plan” for each territory of the Union of India.
https://cdn.s3waas.gov.in/s365658fde58ab3c2b6e5132a39fae7cb9/uploads/2018/04/2018041720.pdf

The Country has to swiftly react to come up with a union/ state wide law for a uniform relief and uniform act to control the spread rather than deploying their national resources without any specific acts. India as the biggest democracy country in the world should come up with Specific Acts & Plans, while doing so, they might consider the successful rules and laws enacted by the other countries that has pioneer and succeeded in controlling the virus spread and giving various reliefs, aids to the merchants & public, otherwise fall under the hands of the unreliable executive force may lead to extortion and fall in economic crisis.

Merchant & Transporter associations continue to protest against the unethical executive management across the countries and requesting the government for specific Laws that compatible where the lockdown can be carried out without affecting the day to day trade activities but, those proposals were not taken before the legislatives for such laws, act and appropriate relief. The aforesaid research keen to take such laws, acts, plans by various governments across the world before the kind perusal of the Union & State Governments.

Corona Virus Act by United Kingdom
The laws enacted by the United Kingdom has mostly recognized by all the colonial countries and India was one of the country has yet following the rules, acts and common law principles of United Kingdom in this modern world. The United Kingdom has been reported with 4441979 corona cases and 127640 deaths for the last one year but they have been managed to control the corona by implementing the Corona Virus Act for relief and also implementing the corona vaccine program for total of 53675733 people in their country.

The United Kingdom has successfully enacted “CORONA VIRUS ACT” in year 2020 grants the government emergency powers to handle the Covid-19 pandemic. The aforesaid act allows the government the discretionary powers to limit or suspend public gathering and detain the individuals suspected to be infected by corona virus and reduce the transmission of the decease and thus reduce the burden of the public health services and assisted the health care workers and economically affected.
https://www.legislation.gov.uk/ukpga/2020/7/pdfs/ukpga_20200007_en.pdf

Main features of the UK’s Corona Virus Act
  • The provision in Section 2 to 9 of Corona Virus Act to increase the number of the medical practitioners, nurses and other health care professionals to handle the corona virus treatment
  • The provision in Section 22 to 23 of Corona Virus Act has powers to appoint Judicial Commissioners for Investigation.
  • The provision in Section 25 to 29 of Corona Virus Act has provision for the food and supply in the corona pandemic. The provision in Section 39 to 44 of CV Act awarding sick pay to the employees affected by corona and Section 45 to 47 of the CV Act to suspension of restriction on return to work by pension scheme.
The provision 52 of CV Act has issued direction to events, gathering and premises. The provision 58 of CV Act has to follow for the transportation, storage and disposal of the dead bodies.

The provisions 59 to 70 of CV Act have postponed the elections, referendums, recall petitions and canvass in UK, Wales and Ireland and thus, corona virus spread has been controlled by the government.

The provision 75 of CV act has issued financial assistance for the industry and Provisions 82 and 83 of CV Act for protection from forfeiture etc and Provision 81 of CV Act for residential tenancies protection from eviction.

Though there were several criticism of the aforesaid act for further amendments, the aforesaid act has significantly control the spread of the virus in the United Kingdom and protect the people and industries with more care during the corona pandemic.

“CARE ACT” by United States of America

Corona Virus Aid, Relief And Economic Security Act also known as CARE ACT has been passed in United State on March 2020 and where as the citizens of America has issued $300 billion obtained onetime payment of $1200 to individual tax payers and has also provided various unemployment benefits to the affected people and also provides forgivable loan to small business for tune of $669 billion.

The aforesaid act has been implementing in various phases, where the first phase was allotted for spurring corona virus research and development. The second phase $104 billion package largely focused on the sick people and unemployed benefits for workers and families and finally there was allotment of $1.9 trillion COVID- relief package has been passed through American Rescue Plan Act of 2021.
https://www.congress.gov/bill/117th-congress/house-bill/1319/text

Italy the First country to make the Vaccine Mandatory
Italy government has approved an emergency decree on 1 April for mandatory vaccine to frontier doctors, nurses, and all health care people and frontier police men since Italy has been seriously hit by corona virus spread with 3.5 million cases and 108839 (3%) deaths during the last year. The aforesaid decree by the government that make the vaccine is ethical obligation to all the health care professions for avoiding the transmitting the corona virus and provide the treatments to the corona affected persons in Italy.

The decree has provisions to protect doctors and hospitals administers from criminal liability from any unfortunate deaths during corona treatments. India government has to consider implying the decree as mandate vaccine to employees since the hospitals and health care workers were point of contact in transmitting the virus across the country.

Recommendation for Union of India & It’s states
The above countries has proactively handled the corona virus by several acts, rules and successfully controlled the Corona Virus by specific Acts and has significantly rescued their citizens from the several corona relief acts and has succeeded vaccinated their citizen by various plans and where as Union of India & State has no such rules, acts and plans to follow with, and therefore public, merchant are suffering to carry forward their work.

The Union of India & It’s has only rely on their executives to control the corona virus, to provide aid & relief to public, to initiate vaccine & the executives rely on police and public health care and those people has no specific law to follow in the state & union, therefore en number of problems in the law & orders, hospital has short supply of medicines and oxygen cylinders, people & merchants has been restricted by law, people has been beaten by police & executives decide the fate of the people in their jurisdiction.

If the government has not conclude a Uniform Corona Control and Relief act to reorganize their operation plan by an Act, the people of the India will going to suffer by unreliable procedures, unpredictable rules that lead to no corona relief to the affected, no medical care to public and finally economic rescission due to deprivation of trade and commerce.

The supreme court of India and High courts of the states has already suggested various plans to enhance & equip the hospitals for tackling the corona pandemic by increasing the medical resources and oxygen supplies and advising the government for appropriate task forces and advised the government to provide necessary relief to the affected.

The Union Government headed by the Prime Minister has continue discussion with the Chief Ministers of the state for appropriate corona control measures on the state and also providing allocation of relief to needed states but there was no guarantee that it reached the affected persons or their families. In the same time, governments have no restricted the trade whereas traders, public suffered in poverty and unemployment and the rules have been frequently changed by the executives and largely the human rights were abused by the authorities.

Conclusion
The union and states has to enact specific laws to handle the corona pandemic rather than implying significant rules on their own to better progressive of the nation and whereas the government has to consider the universal laws across the countries that were succeeded in controlling the spread and also succeeding in providing relief to their people.

The government may deploy more legal expertise to constitute a Commission, specially for Corona Comparative Law Across The World and where they could suggest the government a comprehensive Act to reduce the corona with provisions for Vaccine, Health care, Food & Supplies, Reliefs to the affected, Relief to the unemployed, Relief to the traders, Relief to the public and thus, this nation will stand tall by defeating the Corona virus and recover from the hardship subsequently in near future.

Award Winning Article Is Written By: Mr.Ravikumar Vellingiri - B.A.LL.B (Hons), Social worker & Human Rights Pledge Email: [email protected]
Awarded certificate of Excellence
Authentication No: MA34106118472-21-0521

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