MHA Asks States To Widely Publicize Penal Provisions For Lockdown Violations; Directs Strict Action Against Violators [Read Letter]

In view thereof, the state authorities have been directed to widely publicize the relevant provisions under the Disaster Management Act, besides Section 188 of IPC, that may be used against lockdown violators.

COVID-19: Penal Laws For Enforcing Pandemic Protocols [Explainer]

In a letter addressed to the State Chief Secretaries the Ministry said,

"In the lockdown measures issued vide MHA Order No. 40-3/2020-DM-I(A) dated 24.03.2020, it is clearly mentioned that "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 Sec. 188 of the IPC"…

It is requested that for the attention of the public authorities and citizens, the penal provisions under the DM Act and IPC should be widely circulated and for violation of lockdown measures, action under relevant provisions of DM Act and IPC shall be taken by the law enforcement authorities."

There have been a substantial number of reports about overcrowding and unnecessary movement even during the lockdown, despite government orders and Supreme Court directions.

While hearing a writ petition titled Alakh Alok Srivastava v. Union of India on Tuesday, the Supreme Court had expressed its "trust and hope" that "all concerned viz., State Governments, Public Authorities and Citizens of this country will faithfully comply with the directives, advisories and orders issued by Union of India in letter and spirit in the interest of public safety."

Reiterating the same, the Ministry has stressed that strict action must be taken by authorities on violators of lockdown measures.

The Law And The Lockdown

Read Letter