Huidrom Rajeswar Singh
The ensuing "lockdown" has been extended in the State of Manipur up to 31/05/2020 as per the Ministry of Home Affairs, Government of India order no 40-3/2020 DM-1 (A) dated 17/05/2020 and Home Department Government of Manipur 9/6(1)/202O-H(Pt) dated 18/05/2020 notifying the guidelines of the lockdown.
As per para 5 of the said MHA order dated 17/05/2020, the delineation of containment, Buffer, Red, Orange and Green Zones will be decided by the respective State/UT Governments and they have been vested the power to classify the areas into different zones, depending upon the severity of the existence of the positive Covid-19 cases after taking into consideration the parameters shared by Ministry of Health and Family Welfare (MoHFW), Government of India.
Moreover, in para 6 of the said MHA guidelines "Night Curfew" prohibiting movement of individuals shall remain strictly enforce between 7 pm to 7 am and the local authorities are to issue prohibiting orders under Section 144 of CrPC in the entire area of their jurisdiction. Further, para 11 envisages strict enforcement of the measures in toto without any dilution of the guidelines by the State /UT Governments.
In order dated 18/05/2020 of the Home Department, GoM extending the lockdown in the entire State upto 31/05/2020 some activities listed in Annexure-I thereto have been exempted and in para 4 "Total Curfew" has been declared in Imphal city and all the district headquarters and in respect of other areas the curfew shall be enforced from 6 pm to 6 am and District Magistrates have issued orders accordingly.
The word "Total Curfew" used in the above-said order is a misnomer and an ambiguous one which is nowhere mentioned or referred in the MHA order or guidelines and this has misconstrued, misled, misguided, misdirected the whole administrative machinery resulting in maladministration.
By putting and adjective "Total" to the word "Curfew" in the said order of the Home Department, GoM, it has literally declared the Imphal city and district headquarters into "containment zone" as defined in para 5 (iii) of the MHA guidelines which is reproduced herein below and amount to diluting/modifying the instruction/guidelines issued of the MHA by restraining the exempted activities permitted for reviving the economy of the State.
Para 5 (iii): "In the Containment Zones", only essential activities shall be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for maintain supply of essential goods and services. Guidelines of MoHFW shall be taken into consideration for the above purpose."
The dictionary (The Award Illustrated Dictionary) meaning of the word "Curfew" has its origin from the Medieval times' regulation under martial law fixing/signalling a time after which inhabitants must be indoors by ringing bell, etc.
This word is used in common parlance as referring to section 144 of the CrPC 1973 in India wherein the District Magistrate and their subordinating Magistrates may in urgent cases of nuisance of apprehended danger issue order (i ) to prevent obstruction, annoyance , or injury to any person lawfully employed or (ii) danger to human life, health or safety, or (iii) a disturbance of public tranquillity or a riot, or any affray.
The law implementing authorities of Imphal West District have taken the meaning of "Total Curfew" in the literal sense and have restrained/prohibited all movements and activities including the exempted activities in Annexure-I of the order dated 18/05/2020 of the Home Department, Government of Manipur which has been relaxed to bring normalcy and revive the economy of the State after the 47 days of lockdown in the country.
To sum up, the manner in which the lockdown is managed/executed by the district administration in Imphal City and the district headquarters is completely in violation of the directives of the MHA.
The one and half months of lockdown due to Covid-19 has brought the economic activities in India to a grinding halt and the Central Government and all the State Govt (s) are trying to revive the economy by slowly bringing back economic activities to remove the hardship faced by the common people.