Law and Justice

CURFEW / NATIONAL LOCK DOWN

Curfew has its origin in an old French word. The order given by the authority to the people was to extinguish fire at a particular time of evening which was to cover the fire. Originally it was cuvrir + feu. Then it has been known as curfew. It was then in order to prohibit people from doing or continue doing the act.

Even today this order is being passed in form of notification by District Magistrate, SDM, Executive Magistrate who has been given power by the government to issue such notification. It is generally to prohibit some or all people to stay off the streets, mostly such notification are issued to curb violence, to control the situation like riot etc.

Under S. 144 of Cr.P.C in order to prohibit the assembly of people in a particular area a notification can be given. Under Chapter 10 maintenance of public order and tranquillity have been dealt with. The heading under which Section 144 is provided reads, “ Urgent cases of nuisance or apprehended danger” . This relates to power of the state government to empower DM, SDM, OR ANY EXECUTIVE MAGISTRATE to form an opinion that there are sufficient grounds to proceed under the Section for immediate prevention or speedy remedy. We are aware that for the public safety and to meet with the challenge of spread of corona virus necessary orders have been issued as COVID 19 has knocked on the door as pandemic disease. Three weeks National lockdown has been ordered to stop novel coronavirus outbreak. It is an order to confine the citizens in their homes, to maintain social distancing, to be aware about the decease and to comply orders given by the authorities.

Under Section 144 such an order can be passed to prevent danger to human life, health or safety etc. The order to prohibit can be passed When the empowered authority is of the opinion that grounds to believe that the direction which will be given by the authority is likely to prevent or tends to prevent the nuisance or apprehended danger. These kind of notifications are subject to the limitations provided in the section.

It is known to one and all that at present due to coronavirus there is big danger to health and human life hence the executives needed to use their powers to declare national lockdown. Generaly such situation does not arise hence the general public is unaware of such powers. As discussed to protect health and human life such orders are required to be issued hence
in the circumstances declaration of the national lockdown sounds absolutely justified as without the said orders the apprehended danger of the spread of the carona virus can not be handled . Every one of us, as a law-abiding citizen must cooperate for the interest of our own health, safety and life. We look forward for a dawn when the world gets rid of this virus. Good Luck, the best state of Health.

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