Corona Catastrophe: A Legal Watch on the Role and Rights Concerned

One of the biggest challenges the world is fighting with in 2020 is the deadly ‘Corona Virus Disease (COVID-19)’. A total 199 countries are affected around the world with this virus and World Health Organization (WHO) has declared the disease as a global pandemic. This disease has been emerged as such a threat in human civilization that within 2 months the number of deaths across the world has crossed almost 18,000 till 24 March, which is continuously increasing.

Bangladesh got its first corona virus case on 8^th March, where 3 corona virus patients were detected according to the records of Ministry of Health and Institute of Epidemiology, Disease Control and Research (IEDCR). Though WHO revealed the report on 21^st January and declared global emergency on 31^st January, the government of Bangladesh seems to be not able, in anyway, to cope up with the situation by taking satisfactorily-sufficient measures to prevent corona virus.

The main gateway through which corona virus entered in the country was by entrance of the abroad comers from different COVID-19 affected countries. Unfortunately and literally, no proper measures were taken in the airport. While the Hazrat Shahjalal International Airport, with a mere thermal scanner, were trying to condole the mass being on the right track, the other Airports presumably using thermometers as a detection process of this deadly virus leaving a half breath. The Port City Chittagong, regarded as one of the highest risks to be affected by COVID, handheld scanner was used to detect the virus. Thus many sailors of different foreign ships entered into the city without being properly detected. This was how the situation prevailed in the whole country trying to battle with corona with improper and inadequate screening equipments and medical kits, when strict measures were taken worldwide.

The Health Ministry and IEDCR have declared self-quarantine of 14 days for those coming back from abroad, but are far away still to enforce the rules of quarantine strictly. As self- quarantine depends on an individual, it should be more regulated and proper authority should be appointed to checkout if the rules of self-quarantine are properly followed or not. At present, 17 hotlines of IEDCR is available for collecting information of corona. The calls on these hotlines are increasing day by day. As a result, the numbers are found busy most of the times. So the number of hotline calls should be increased.

Improvement of public health and securing medical care both are Fundamental Principles of State Policy according to the Constitution of People’s Republic of Bangladesh. Article 32 of the Constitution provides that, everybody has the right to life, which includes in a broader sense healthy environment, medical care etc. If we look at the international instruments, Article 25 of the Universal Declaration of Human Rights (UDHR), 1948 states the right to a standard of living adequate to health. Article 2 of the International Health Regulations (2005) states the purpose and scope of these Regulations are to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade.

The most saddening part is that, there is no enough COVID-19 test centers, Quarantine centers, Intensive Care Unit (ICU), even test kits, Personal Protection Equipment (PPE) for doctors, nurses and hospital stuffs in Bangladesh. Firstly, IEDCR was authorized to test corona virus in Dhaka. From 22 March, COVID-19 testing has been started in Chittagong. It has been alleged by several media reports that doctors in many hospitals and private clinics are refusing to treat patients with cold and pneumonia symptoms. The government has a greater liability to provide enough equipment and establish more and more COVID-19 test centers.

The dishonest, profit-gaining and selfish mentality of businessmen in this crisis moment has literally put the general people in a helpless condition. Masks and sanitizers are important preventive tools for preventing corona virus. Dishonest sellers are selling masks and sanitizers at an abnormally high rate. Due to this, many are unable to avail these preventive tools. Not only masks and sanitizers, the increased rates in prices of all necessary commodities are shocking. In such a situation businessmen should be controlled by the concerned authority as soon as possible to maintain socio-economic stability throughout the nation. The prohibitory orders of the government on gatherings and international flights must be made stricter.

If we look at the legal side regarding epidemic and contagious diseases, we will get two laws in Bangladesh, the, Penal Code 1860 and the Communicable Disease (Prevention, Control and Eradiation) Act, 2018. In our country, many people have been fired for not staying at quarantine. Section-269 of the Penal code, 1860 provides that-

Whoever unlawfully or negligently does any act which is likely to spread the infection of any disease dangerous to life shall be punished with imprisonment which may extend to six months, or with fine, or with both.

Section-270 provides that, if anyone does such acts malignantly, shall be punished with imprisonment which may extend to 2 years, or with fine, or both. So the government authority may fine anyone who spread contagious disease. But there is no provision for punishment for disobeying quarantine.

Section 4 of the Communicable Disease (Prevention, Control and Eradication) Act, 2018 recognized 23 diseases as contagious, where COVID-19 is not included. Section 4 of this Act also provides that Government gazette notification recognized new emerging disease will come under purview of this Act. Meanwhile, the High Court Division directed the Health Ministry to issue a gazette notification as soon as possible declaring COVID-19 a contagious disease.

The Health Secretary has been asked to issue gazette notification and include COVID-19 in the list made under Communicable Disease (Prevention, Control and Eradication) Act, 2018. Yet the Health Ministry has not issued any gazette declaring COVID-19 a contagious disease. In UK, the government has enacted new Regulation (The Health Protection Corona Virus, Business Closure [England] Regulation, 2020) in 21 March regarding the outbreak of corona virus. South Africa also enacted new regulations criminalizing disinformation on corona virus outbreak. It is high time our Health Ministry should issue a gazette notification according to direction of HC as early as possible. Only then the implementation of act of 2018 can expected to be effective.

Section-14 of the CDPCE Act provides that if the empowered person has reason to believe that an infected person can infect another person if not isolated, then that person may be temporarily transferred or displaced to another location. Section 24 (1) of the act provides that spread of contagious disease and hiding information about contagious disease both are punishable offences. According to Section 24(2) the punishment of such offences are imprisonment which may extend to six months, or up to 1lakh taka fine, or both.

According to Section 26(1) of the act, providing fake or wrong information regarding contagious disease is a punishable crime. The punishment for this offence as per Section 26(2), is imprisonment which may extend to 2 months, or fine up to 25 thousands taka, or both. As per Section 28 such offences are non-cognizable, bail-able and compoundable. Thus no doubt, the present circumstance demands a very urgent step for issuing a gazette notification declaring COVID-19 a contagious disease.

Government and non-government organization should create mass awareness regarding this virus through electronic and print media. In an organized way, the under-privileged section of the society, basically the slum-dwellers should be made aware of the current situation. Prime Minister Sheikh Hasina has already declared a 5 crore budgetary initiative to meet the humanitarian needs of this vulnerable section of the country which is absolutely remarkable.

As the people of our country have deep religious sentiments, the religious institutions and scholars can also play role to motivate people to say their prayer in home abstaining themselves from going to prayer hall unless and until the situation is not taken under control completely. It is hoped that this pandemic will not weaken the nation rather it will strengthen the state and reinforce nationalism once again.

Writer:

Fatima Zahra Ahasan Raisa, Student of LL.B(Hons) 3^rd Year, University of Chittagong, and Mohammad Asif Ul Ghani, Student of LL.B(Hons) 2^nd Year, University of Chittagong.

References:                                              

• Communicable Disease (Prevention, Control and Eradiation) Act, 2018.
• The Penal Code, 1860.
• International Health Regulations, 2005.
• Universal Declaration of Human Rights, 1948.
• https://www.aljazeera.com/news/2020/03/coronavirus-dense-bangladesh-social-distancing-tough-task-200320103733470.html.
• https://www.amadershomoy.com/bn/2020/03/16/1100415.html.
• https://www.youtube.com/watch?v=nlTlSgFcTUI.
• https://tbsnews.net/bangladesh/dncc-arranges-corona-awareness-programme-ignoring-precautions-57979.
• http://www.dainikamadershomoy.com/post/247543.
• http://www.legislation.gov.uk/new/uksi/2020-03-21.
• https://www.cnbcafrica.com/apo/2020/03/20/south-africa-enacts-regulations-criminalizing-disinformation-on-coronavirus-outbreak/.