Legal Consequence of Transmitting COVID 19

INTRODUCTION

Observing the rapid global spread of the COVID-19 WHO declared it as a  pandemic on 11 March 2020. As the world is still struggling to find the vaccine of this infectious disease, social distancing is the only way to prevent the transmission of the coronavirus. Govt. of India handed down no. of guidelines and orders to ensure the social distancing but some people refuse to abide by the laws just to attend the congregation and social gatherings. It has been observed that on detention they spit and attack over police and doctors to infect them and also sometimes argue that they are professing their right to profess, practice, and propagate the religion enshrined under Article 25*1. It is important to analyze whether Article 21*2 can be subjected to Article 25 and what is the legal liability one has to bear on transmitting infectious disease.

RIGHT TO HEALTH v. RIGHT TO RELIGION

India is a democratic country and the objective of democratic socialism is to provide better health and living conditions to everyone. The Hon'ble Supreme Court in the case of Vincent Parikurlangara v. Union of India*3 held that it is the responsibility of the state to maintain the health of its citizens. 

Recently, the Hon'ble Supreme Court in the case of Shashank Deo Sudhi v. Union of India*4 declared that private laboratories that conduct the test of Coronavirus should not charge exorbitant fees relying on the precedents where the apex court has observed that the right to life with human dignity also includes the right to health.*5 Article 25 gives the right to freely profess and practice the religion but the same can be subject to public order, morality and, health mentioned in Article 25(1).*6

It means that Article 25 cannot override Article 21, so the claim of people that professing their religion and to attend congregation is their fundamental right fall flat in this case, and state can restrict religious freedom in response to the pandemic like COVID-19.

LEGAL LIABILITY

At the time of COVID 19, outbreak authorities invoke The Epidemic Diseases Act, 1897, the Disaster Management Act, 2005, and the Indian Penal Code, 1860 for the better execution of lockdown and quarantine laws. Punishment of imprisonment that can be extended for two years with or without fine provisioned under Section 270 of the IPC*7 for those who intentionally spread infection of any disease dangerous to life.

Similarly, section 269 of the IPC*8 also provides punishment for the spread of dangerous diseases. If one’s life is at stake because of the spread of infection, the person who is liable for this transmission must be prosecuted under section 307 of IPC*9 which says that whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 

One can also be held liable under section 188 and section 271 of IPC*10 for disobeying the quarantine rule of the government. These sections enforced during the British rule at the time of the outbreak of diseases like smallpox, plague.

Recently singer Kanika Kapoor and Maulana Saad who led Tablighi Jamaat congregation, have been charged with sections 270 and 271 of IPC.

CONCLUSION

A study was done by ICMR employing the straightforward mathematical model of disease transmission has revealed that social distancing will scale back the overall expected number of cases by 62 percent. If we go by the law of humanity, health and life will always override the religion but there are some people who keep aside all orders just to enjoy their religious freedom. Also, it is important to take cognizance of those who are abusing healthcare staff and police by coughing and spitting over them. 

This Article is written by Astha Shivhare. She is currently pursuing her B.A.LL.B. (Hons.) at Dr. Ram Manohar Lohiya National Law University and is in her first year.

REFERENCES : 

1 Constitution of India 1950, art 25.

2 Constitution of India 1950, art 21.

3 Vincent Parilungara v Union of India (1987) 2 SCC 165.

4 Shashank Deo Sudhi v Union of India 2020 SCC OnLine SC 358.

5 Occupational Health and Safety Association v Union of India AIR      2014 SC 1469.

6 Constitution of India 1950, art 25(1).

7 Indian Penal Code 1860, s 270.

8 Indian Penal Code 1860, s 269.

9 Indian Penal Code 1860, s 307.

10 Indian Penal Code 1860, s 188.