Time for post-scrutiny on COVID- 19: A legal viewpoint

By Dilani Kaushali Rubasinghe

All living beings are afraid of death and afraid of all kinds of sorrows, sufferings, nuisances related and incidental to theirdemise.  We have seen this through the behaviour of the present world before this pandemic fear.  

Two phases of approachare available for any country which is affected in an epidemic. 

1. Restrainarrivals from other borders to the country and
2. Minimize the spread of the virus within the country.

It is a great relief to see that our country pays deep attentiontoboth these phases of approach to eliminate the coronavirus pandemic, based on proactive lines as well as reactive lines. 

Continuation of the said dual approach within the context of mutual cohesivenessof citizens who should have a very sound understanding and collective thinking is not an easy task.  

How many instances have we been experiencing throughout history where the tragedy of a whole nation was ensued due to the mentalities of negligence, lack of awareness, intentional malice and unlimited selfishness ofcitizens?  Hence, the time has come to address ourselves.

It is well understood that, though the ruling body of the country can directly be involvedin curtailing the arrivals of people from other boundaries to the country, it cannot fully control the level of spread of the virus within the country without the dynamic participation of its citizens.

Being the citizens of the country, have we paid due attention to our own role or have we omitted or forgotten the same?

Are we aware that, though some returnees had disobeyed or omitted citizens’ obligations imposed on them, there are ample legal provisions ahead in penalizing their misbehaviour?

Have we grasped the role of a citizen?

We are much aware that the concept of quarantine is not a novel idea to the country. When a contagious or infectious plague is being spread, quarantine is compulsory for the prevention of the rapid growth of such a disease and for its elimination. Without any compelling regulatory order, our countrymen used to do self-quarantine within their own homes as a sanitary measure to protect themselves and to prevent the spread of disease to the other persons when they contracted severe infectious diseases. When they had contracted measles, chickenpox, mumps or sore eyes, they used to hang a small branch of “Kohomba” at the doorsteps of their houses as a preventive cautionarymeasure to deliver the message of illness, to notspreadthe disease to their surroundings, having great compassion towards themselves and their own environment.

When the motherland emphasizes on her citizens the great necessity of quarantine, it is true that some returnees had absconded. It is true that some individuals made provisions to those absconders to run off and provided them lodgings. Due to the interwoven social structure, it is well defined that pandemic damage has met not only those escapees and their associates but all the citizens in the country.  At the end, we all are shareholders and the victims of the outbreak. 

When our motherland provides her citizens with the requiredformal information, we have become unlucky to see that some individuals manipulate information, creating a dilemma by providing falseor fabricated information, forgetting the role of a responsible citizen in the country.  It shows the obliviousness and the imprudence of their mindset.  They try to be heroes of social media by mocking and criticizing their own ruling authorities. We cannot transmit any information without due credibility.  We should know the proper source of such information.  We must think twice whether it’s really useful or not.

When the responsible medical bodies and security forces stand bravely before the country for the protection of her citizens, do those citizens stop to reflect whether all those assisting groupsare also human beings having their own anxious fears of their own lives, lives of their family members and close relatives? Do we have enough gratitude even to think of those medical and security personnel who do an unquantified service far beyond their wages?      

As citizens of the country we have to grasp why we should stay home if we haven’t been exposed to the virus. Have we understood that all these advisory measures are been carried out for flattening the curve or slowing down the spread? When more and more people expose over time to the virus, the rate of infection increases. If the rate of infection increases rapidly, it will be intolerable to our healthcare capacity as well as to the extensive contact tracing process carried out. However, if we implement precautionary measures as advised, the spreadof the virus can be slowed down, resulting in a much more gradual increase of infected cases so that our health care system can respond more effectively. Flattening the curve is to reduce the quickness in which the virus spreads and to reduce the total number of cases over time. Hence, it should be reiteratedthat we have our own role to perform and the said role should be performed solely by us.

The alarming level of spreading physical and mental illnesses show that most of people in the country do not realize the nourishing level of the soil of their motherland.It seems that this micro form of Corona teaches lesson by lesson to the present citizens who had already forgotten their own legacy. It is so hard to see any coriander, weniwelgeta or perungayameven in anayurvedic shop. People are struggling to dig the soil with hope of finding the grains and yams which were forgotten and abandoned by its’ “so called citizens”.

Are we aware that, though some returnees had disobeyed or disregarded citizens’ obligations imposed on them, there are ample legal provisions to penalize their misbehaviour?

The formal legal background on Quarantine and prevention of diseasehas been used for decades to track patients who may have passed their illness to the surroundings. The Quarantine and Prevention of Diseases Ordinance came into  force on 09^th February 1897.  In terms of the said Ordinance the Health Minister has all authority to impose any regulations for the purpose of preventing the introduction of any disease to the country as well as for preventing the spread of any disease in the country when it seems necessary or pragmatic.   Sections 4 and 5 of the said Ordinance emphasize that if any citizen or otherwise, contravenes any such regulation, he shall be guilty of an offence and liable to be convicted before a Magistrate for imprisonment or for a fine or for the both. 

Even the Penal Code of Sri Lanka has codified the relevant laws two decades ago. Sections 262 and 263 of the Penal Code No.01 of 1883 amended by many amendments, pronounce very firmly that “whoever unlawfully, negligently or maliciously does any act which is likely to spread the infection of any diseasedangerous to life shall be punished with imprisonment”. Prison awaits whoever disobeys any rule promulgated by the ruling body in terms of Section 264 of the said Penal Code.

In terms of the provisions of the Bail Act,if the officer in charge of the police is of the opinion that the public reaction to the acts of those who are being investigated is likely to give rise to a breach of peace of public then he shall summon those people before the Magistrate without releasing them.  The Magistrate can thereupon make an order refusing to release such a person on bail if the court has reason to believe that the particular gravity of, and public reaction to, the alleged offence may give rise to public disquiet or such a person would do any further act affecting the course of justice or to the process of inquiry/trial or commit an offence while on bail.

The Telecommunications Regulatory commission of Sri Lanka which was established under the provisions of the Sri Lanka Telecommunications Act, No. 25 of 1991, has power to summon for a public hearing before the committee held under sections 13(1), 11 and 12, any individual who in the opinion of the committee, may be able to give evidence in relation to manipulation of any news or data or information or creating false presentations or abusing social media.

According to the said emphasis; the citizen of the country has to grasp what his responsibilityis for his own wellbeing and the wellbeing of others. All the citizens must realize that without focusing on safety of others none can apprehend his or her personal fortification. We have to grasp thoroughly the truth that this is an integral bondage in-between the self and other.  Thus, the said integral bondage has been discoursed by Lord Buddha as “AththananRakhkantho – ParanRakhathi, ParanRakhkantho – AththananRakhathi” - who secures himself secures others and who secures others secures himself.

This is not the time to be a carrier of the disease. This is the time for self-isolation, for strengthening the immune system of our own family for resistance to combat the opponent, for building up physical and mental health, for rectifying the mistakes we have made, for attending to unfinished and inattentive business and ultimately for paying collective generosity towardsevery living being.This is the time to gain spiritual enhancement by taming and guarding our own minds.

We must keep in mind that this is a country where the people have lived with their nourished spiritual values. This is a country where the people had relinquished and sacrificed their today for the tomorrow of the others. Thus, having known the essential as the essential and the nonessential as the nonessential, we should benourished on rightfulness of thinking.

May all living beings have healthier long lasting life!

“SabbeSaththaBhawanthuSukhithaththa”

(The writer is an Attorney at Law)