The Hindu Editorial Analysis
08 May 2020
1) Toxic disaster: On Visakhapatnam gas leak-
CONTEXT:
The disastrous(dreadful) leak of a toxic(poisonous) chemical that has killed several people and left hundreds sick near Visakhapatnam in Andhra Pradesh comes as a shock to a nation struggling to cope with a prolonged lockdown.
HAZARDOUS STYRENE:
Residents of habitations around Gopalapatnam, close to the site where the LG Polymers plant is located, passed out as the hazardous(harmful) styrene vapour swept through the area at night. Several deaths took place as people tried to flee, and the chemical made them unconscious.
There are horrific stories of people falling from buildings, or into wells and ditches as they lost consciousness(senses). They have become the first victims of the exit from the lockdown, when industrial units were allowed to resume their operations.
Styrene, the chemical involved in the disaster-struck plant that produces polystyrene products, is included in the schedule of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989. The rules lay down strict norms on how it should be handled and stored.
Although it will take an inquiry to establish what caused the incident, the company and the State government knew that the chemical was hazardous, characterised by poor stability under a variety of conditions that could even lead to explosive situations.
It is also reasonable to assume that the safety mechanism built into the storage structures of something so hazardous was either faulty or allowed to be overridden(use one's authority to reject or cancel). Was the reopening work at the factory left to unskilled people, as some city officials have said? These aspects must be probed in the inquiry to fix accountability(responsibility).
SAFETY IS PARAMOUNT:
The Andhra Pradesh government must focus immediately on the medical needs of those who have been grievously(badly) affected by the gas leak, which has inevitably(obviously) led to comparisons with the 1984 Bhopal gas disaster. As a harmful chemical, styrene could have chronic(severe) effects beyond the immediate symptoms.
International safety literature cites(explains) it as a substance that may cause cancer; there is thus no safe limit for exposure to it. Solatium(a thing given to someone as a compensation or consolation) payments and compensation for the victims and families are important, but so is access to the highest quality of health care for the victims.
What happened in Gopalapatnam is also a warning for industries across India. Although some may see the incident as a consequence of the lockdown, the States have the authority under the Central government’s orders to exempt(spared) process industries. It needs no special emphasis that safety of industrial chemicals requires continuous watch, with no scope for waivers.
CONCLUSION:
As India aims for a wider manufacturing base, it needs to strengthen its approach to public and occupational safety. Transparent oversight(watch) is not a hurdle to industrial growth. It advances sustainable development by eliminating(removing) terrible mistakes.
The gas leak tragedy is a reminder that safety is paramount (most important) when exiting the lockdown.
2) Slow, but steady: On COVID-19 spread in India-
CONTEXT:
With 52,469 confirmed cases and 1,771 fatalities(deaths) as on May 6, 2020, India entered the list of the top 15 countries with the highest number of people infected by the novel coronavirus.
The infection count in India accounted for only 1.41% of the overall COVID-19 cases the world over, but this proportion has increased from 0.13% (536 cases) on March 24, the day when lockdown measures were announced, to 0.58% (11,487 cases) when the lockdown was extended to what it is currently.
DOUBLE EVERY 11 DAYS:
The number of infections continues to surge in the U.S., where as on May 6 there were more than 1.2 million cases, nearly a third (32.7%) of the world’s total. While severely affected countries such as Italy, Spain, the U.K., France, Germany, Turkey and Iran finally seem to be experiencing a relative slowdown in the growth of new cases, emerging economies such as Brazil and Russia have shown no flattening of the curve as cases continue to exponentially(more and more rapidly) increase in these countries.
This is indicated by the doubling time for cases in the last week: seven and nine days, respectively, for these two countries. Brazil has also registered 7,921 deaths due to the virus, much higher than in India (1,771) and Russia (1,451).
But worryingly for India, cases have continued to double every 11 days, and the surge experienced in the last week has put it in the same bracket as Brazil and Russia in terms of the upward trend in cases and fatalities.
EARLY CONTACT TRACING AND TESTING:
The fact that despite two extensions to one of the most stringent(strict) lockdowns in the world, India has not managed to flatten the curve suggests that the lockdown might have been necessary but it is not sufficient. The common theme among countries that have substantially arrested the spread of the virus has been early contact tracing and testing during the outbreak.
Some countries such as South Korea have managed to flatten the curve simply by community testing and surveillance(examination). It was always going to be difficult to test at such high rates in India, but even within the limited testing protocols, a closely monitored testing and surveillance strategy has paid dividends(advantage) for States such as Kerala.
STATES ACROSS:
Other States that have registered a sudden increase in COVID-19 cases, such as Tamil Nadu, Punjab and Haryana, must continue to ramp up(increase) testing and isolation of positive cases for the lockdown strategy to work. Fortunately, these States have had only a few fatalities(deaths) unlike Maharashtra, Gujarat (which have tested more samples per day than the national average) and West Bengal and Madhya Pradesh (which continue to test at a rate lower than the national average).
The country cannot afford to lock down its activities indefinitely. Ramping up(increasing) testing and public health infrastructure, besides protecting the vulnerable, remains the best way for India. Only more testing and isolation(keeping separate) of infected people can slow the spread of COVID-19.
3) India needs to enact a COVID-19 law-
CONTEXT:
The nationwide lockdown has been central to the government’s strategy to combat(fight) the COVID-19 pandemic. With businesses closed, supply chains disrupted(not in order), timelines extended and contracts terminated(halted), this exercise has caused the organised sector unprecedented(not happened before) economic losses.
In the unorganised sector, there has been a complete breakdown with little or no legal recourse(action that can be taken by an individual or a corporation to attempt to remedy a legal difficulty) for those who are affected. While the lockdown has helped contain community spread of the disease, a legal and legislative audit(inspection) of this exercise has evaded(escaped) scrutiny(examination) so far. As we are now in the seventh week of the lockdown, it is imperative(needful) and timely that we assess its underlying(basic) legislative soundness.
LAWS GOVERNING LOCKDOWN:
The lockdown has been carried out by State governments and district authorities on the directions of the Union Ministry of Home Affairs under the Disaster Management Act of 2005, which was intended “to provide for the effective management of disasters and for matters connected therewith(with or in the thing mentioned) or incidental(happening as a result of) thereto(to that)”.
Under the Act, the National Disaster Management Authority (NDMA) was set up under the leadership of the Prime Minister, and the National Executive Committee (NEA) was chaired by the Home Secretary. On March 24, 2020, the NDMA and NEA issued orders directing the Union Ministries, State governments and authorities to take effective measures to prevent the spread of COVID-19, and laid out guidelines illustrating which establishments would be closed and which services suspended during the lockdown period.
Taking a cue(signal) from the guidelines, the State governments and authorities exercised powers under the Epidemic Diseases Act of 1897 to issue further directions. For instance, the Health and Family Welfare Department of Tamil Nadu issued a government order on March 23, 2020, to impose(force on someone) social distancing and isolation measures which directed “suspected cases and foreign returnees” to remain “under strict home quarantine” and people “to stay at home and come out only for accessing basic and essential services and strictly follow social distancing norms”.
Subsequently, on March 25, the earlier order was extended for a period of 21 days, in accordance with the directions of the NEA. District authorities such as the Commissioner of Police, Greater Chennai, have consequently issued orders to impose Section 144 of the Criminal Procedure Code in public places.
INTENTIONS OF THE ACT:
Cumulatively, these orders constitute the legislative umbrella governing the lockdown that has been in place since March 24. The invoking of the Disaster Management Act has allowed the Union government to communicate seamlessly(without obstruction) with the States. However, serious questions remain whether the Act was originally intended to or is sufficiently capable of addressing the threat of a pandemic.
Also, the use of the archaic(old dated) Epidemic Diseases Act reveals the lack of requisite(required) diligence(care) and responsiveness of government authorities in providing novel and innovative policy solutions to address a 21st century problem.
Another serious failing is that any violation of the orders passed would be prosecutable(chargeable) under Section 188 of Indian Penal Code, a very ineffective and broad provision dealing with disobedience of an order issued by a public servant.
LAWS IN UK & SINGAPORE:
In contrast, the U.K. enacted the Coronavirus Act, 2020, which is a comprehensive legislation dealing with all issues connected with COVID-19 including emergency registration of healthcare professionals, temporary closure of educational institutions, audio-visual facilities for criminal proceedings, powers to restrict gatherings, and financial assistance to industry.
Similarly, Singapore has passed the Infectious Diseases Regulations, 2020, which provides for issuance of stay orders which can send ‘at-risk individuals’ to a government-specified accommodation facility.
Both the U.K.’s and Singapore’s laws set out unambiguous(clear) conditions and legally binding obligations. As such, under Singaporean law, the violators may be penalised up to $10,000 or face six months imprisonment or both.
WEAK BASIS:
In contrast, Section 188 of the Indian Penal Code has a fine amount of ₹200 to ₹1,000 or imprisonment of one to six months. Even then, proceedings under Section 188 can only be initiated by private complaint and not through a First Information Report. As such, offences arising out of these guidelines and orders have a weak basis in terms of criminal jurisdiction thereby weakening the objectives of the lockdown.
UNION-STATE CO-ORDINATION:
In India, both Houses of Parliament functioned till March 23, 2020, when they were adjourned sine die("without assigning a day for a further meeting or hearing"). There were a number of interventions regarding COVID-19 by Opposition members through the session.
However, the Union government showed no inclination(interest) towards drafting or enacting a COVID-19-specific legislation that could address all the issues pre-emptively(take action in order to prevent). In fact, there has been little clarity on a road map to economic recovery after the announcement by the Union Finance Minister last month.
Worryingly, a consolidated, pro-active policy approach is absent. In fact, there has been ad hoc and reactive rule-making, as seen in the way migrant workers have been treated. The flip-flop(make an abrupt reversal of policy) of orders regarding inter-State movement has left the fate of hundreds of thousands of migrant workers to be handled by district administrations with inadequate resources. This has also exposed the lack of co-ordination between the Union and State governments.
CONCLUSION:
In past instances, the Union government has not shied away(to avoid someone) from promulgating(announce) ordinances. These circumstances call out for legislative leadership, to assist and empower States to overcome COVID-19 and to revive their economic, education and public health sectors.
(Ordinances are laws that are promulgated by the President of India on the recommendation of the Union Cabinet, which will have the same effect as an Act of Parliament. They can only be issued when Parliament is not in session. They enable the Indian government to take immediate legislative action)