Ignorance of Law and deficiency in enforcement of Law aided coronavirus to reach its peak?

Shoriful Rumi :

Firstly, the Penal Code, 1860 criminalizes the acts that cause or threaten the public interest by spreading infection of disease dangerous to life. Whereas, Section 269 of the Code, 1860 outlined the punishment of imprisonment not exceeding six months, or with fine, or with both for spreading infection of disease dangerous to life by doing any unlawful or negligent act, and Section 270 of the Code, 1860 outlined the punishment of imprisonment not exceeding two years, or with fine, or with both for spreading infection of disease dangerous to life by doing any malignant act. Though the provisions did not provide a complete depiction of what diseases will fall under these provisions, but these entail a wide scope of application. Undoubtedly, any negligent conduct resulting in the spreading coronavirus criminalizes an individual under the provision of Section 269, and these negligent conducts have been undeniably happening from the very beginning of the pandemic through not accepting the social distance, being reluctant to wear masks or sanitize, indulging in unwanted public gatherings, etc.

Secondly, on the backdrop to raise awareness, prevent, control, and eradicate infectious diseases to address public health emergencies and reduce health risks, back in 2018, the Government, with superseding effect, framed a special law named the Communicable Diseases (Prevention, Control, and Elimination) Act, 2018 to mitigate and prevent further spread of infectious diseases. Whereas, Section 4 of the Act, 2018 contains a list of diseases that fall within the ambit of the Act, 2018 with the power specified to the Government to declare an emerging or reemerging disease to be an infectious disease within the meaning of the Act, 2018. Pursuant to this power, the Health Services Division of the Ministry of Health and Family Welfare on March 19, 2020, issued a gazette declaring coronavirus as a contagious disease under the Act, 2018. By which now, an individual can be criminalized for spreading or assisting the spread of coronavirus, or for concealing the risk of infection to another person when he comes in contact, and for these unlawful conducts, an individual may be punished with the imprisonment not exceeding six months, or with fine not exceeding one lac taka, or with both as per the Section 24 of the Act, 2018.

Both, the Code of 1860 and the Act of 2018, criminalize an individual who does any negligent or malignant act to spread the infection of this deadly coronavirus, or spread or assist to spread the coronavirus. But unfortunately, unlike other criminal provisions, people are trivial and reluctant about these criminalizing provisions, and even the law enforcement authorities have rarely exercised their power to criminalize or take legal actions against the offender falls under these provisions. States frame criminal laws to forbid wrongful behaviors or acts that causes or threatens the public interest, amplify the cautions among the individuals of the acts that are subject to criminal punishment, and enforce the law through imposing retributive, rehabilitative, and deterrent punishment on the wrongdoer to protect the society. But inappropriately, the deficiency in enforcement of these laws, and the negligent behaviors toward the laws undoubtedly aided the coronavirus to reach its peak.

Bangladesh reported at least 7,626 COVID-19 cases on April 7, 2021 which is the highest number in a single day, and it counted 63 deaths from this deadly virus which is also the second highest number in a single day. In the backdrop of this immense outbreak of coronavirus, over the last five months, the people as well as the Government have shown apathetic behavior on raising awareness, taking actions to prevent, control, and eradicate infectious coronavirus. By this time last year, the Government took some positive actions imposing minimal punishment through the law enforcement authorities along with the Executive Magistrates to reduce unwanted public gatherings, maintain social distance, confirm wearing masks or sanitization, etc. But distressingly, with the shortfall of effecting rate, the said actions disappeared, though the coronavirus was not declared vanished. Separately, it is a well-settled principle that ignorance of the law is not an excuse which means that every person is bound or presumed to know the law. But unfortunately, people have consecutively ignored and breached the relevant provisions of the law, and the directions or guidelines of the Government by not accepting the social distance, being reluctant to wear masks or sanitize, indulging in unwanted public gatherings, etc.

To sum up, like any other criminal offences, the offender who falls under the above-mentioned provisions of the laws, should be criminalized, and as accordingly should be punished with a deterrent punishment to deter the general public from committing such criminal offences by doing any of such negligent or malignant acts to spread the infection of this deadly coronavirus, or spread or assist to spread the coronavirus. Thereby enforcing the existing laws along with other effective measures, the spread of this deadly coronavirus might be mitigated and prevented to reach its further peak.

Writer : Apprentice Lawyer at the District & Sessions Judge Court, Dhaka.