WHAT IS CURFEW

LOCKDOWN,CURFEW AND SEC 144 C.r.P.C.

As we all are coming across this terms more frequently  in our country since 2020 due to COVID-19 pandemic. Firstly we should understand that lockdown, curfew and sec 144 of C.r.P.C.   restricts the movement of Indian citizens  freely and restricts the rights  guaranteed under article 19 of the Indian constitution. So lets begin by understanding what are the meaning of this terms individually .

SECTION 144  C.r.P.C.

In simple words sec 144 provides power to issue order in public interest, such order shall remain in force till 2 months which can be further extended to 6 months . Power to issue order  to prevent  obstruction , annoyance or injury to any person or danger to human life, health or safety or disturbance of public tranquility, or riot or affray has been given to District Magistrate, Sub-divisional Magistrate  or any other Executive Magistrate if there is sufficient grounds for proceeding under this section though it may put some restriction on fundamental rights of article 19  of the constitution as it was held in the case of  Madhu Limaya vs S.D.M. Monghyr, AIR 1971 S.C.2486 Article19(2) and 19(3) empower reasonable restrictions on fundamental rights as contained in Article 19  in public interest. Therefore, it is competent for the legislature to make law permitting an appropriate authority to take anticipatory action or place anticipatory restrictions upon particular kinds of acts in an emergency for the purpose of maintaining public order and sec 144 when properly applied is not unconstitutional as offending Article 19 of the constitution because the restrictions are in the interest of public order and general  public.  

Generally sec 144 is imposed in area before proceeding to an order of lockdown or curfew as both lockdown and curfew are severe in nature .sec 144 can be prescribed in urgent situations where states security, peace and order is in question.

LOCKDOWN

Lockdown is not a legal term but it is sever than sec 144 of C.r.P.C. The main objective of lockdown is to restrict the movement of transport and people by shutting down Flights, Train and Public Transport, Order for lockdown can be issued only by District Magistrate ,it is  issued to prevent  Danger to human life, Riot, Affray and disturbances to Public Tranquility in lockdown all  the essential services are allowed it depends on the state to what they consider essential services but in general as provided by the guidelines of the states in recent years services like groceries, hospitals,  banks, milk shops,  but a fixed time in day or days in  week may be given by the states respectively .

CURFEW

Curfew is also not a legal term but is severe than both sec 144 and Lockdown, it is  issued to prevent  Danger to human life, Riot, Affray and disturbances  to Public Tranquility, order of curfew can be issued by District Magistrate in curfew strict measures are adopted to keep people inside as we have seen government of India had adopted strict measures to prevent the spread of COVID-19 in recent times specially night curfew adopted by many states from 10 pm to 5 am time varies from state to state, curfew  main objective is to keep people inside their house no movement is allowed even essential services are not allowed except for hospitals  and if any person  wants to go out of their house they need to take police permission

In all the lockdown, curfew  and sec 144 during this time The Government has power to ban or block internet under Temporary Suspension of Telecom Service Rules under the Telegraph Act  in case of  public emergency or in the interest of public safety, this rules drive its power from sec 5(2) of the Telegraph Act.

REPERCUSSIONS IF ORDERS ARE NOT FOLLOWED.

Sec 188 of IPC which deals with the disobedience to direction given by public servant   can be imprisoned  till 6 months or fine or both.

Sec 269 of IPC which deals with public health which says whoever negligently does any act  knowing  that he can transfer disease he shall be imprisoned Up to  6 months or fine or both .

Sec 270 IPC which deals with public health says when a person knows he has  a disease and if he does any act then the disease will spread but still he does it  then he can be imprisoned up to 2  years or fine or both.

Sec 271 IPC when a person has been ordered to stay in quarantine  but he willfully disobeys such orders he shall be punished for imprisonment for 2 years or fine or both.

CONCLUSION

In the end we can say that sec 144, lockdown and curfew are order issued for the public safety and to maintain peace and order in the state, orders are issued by looking into the conditions of the area if it is severe and threat to the public then  curfew is imposed as it completely restricts the movement of people for the safety of the people as in cases like COVID-19 pandemic to contain the virus and to prevent further spread all this measure are being taken by the government.