Abstract
Human rights are key in shaping the pandemic response, both for the public health emergency and the broader impact on people’s lives and livelihoods. Human rights put people center-stage. Responses that are shaped by and respect human rights result in better outcomes in beating the pandemic, ensuring healthcare for everyone and preserving human dignity. But they also focus our attention on who is suffering most, why, and what can be done about it. They prepare the ground now for emerging from this crisis with more equitable and sustainable societies, development and peace.
Keywords: Pandemic, Corona Virus, Covid-19, Infectious bronchitis viruses, SARS-CoV-2, 2019-nCoV.
Introduction
The name “Coronavirus” is derived from Latin “Corona” meaning “Crown” or “Wreath”([1]). The name was coined by June Almeida and David Tyrrell who first observed and studied human coronaviruses ([2]). The word was first used in print in 1968 by an informal group of virologists in the journal Nature to designate the new family of viruses ([3]).
History and Origin of Coronavirus
Coronaviruses were first discovered in the 1930s when an acute respiratory infection of domesticated chickens was shown to be caused by infectious bronchitis virus (IBV) ([4]). Arthur Schalk and M.C. Hawn described in 1931 a new respiratory infection of chickens in North Dakota. The infection of new-born chicks was characterized by gasping and listlessness. Fred Beaudette and Charles Hudsonsix years later successfully isolated and cultivated the infectious bronchitis virus which caused the disease([5]).In the 1940s, two more animal coronaviruses, mouse hepatitis virus (MHV) and transmissible gastroenteritis virus (TGEV), were isolated([6]). It was not realized at the time that these three different viruses were related([7]).
Human coronaviruses were discovered in the 1960s.
Law’s reference with the COVID-19
As the Covid-19 is spreading around the globe and in these difficult times we continue to hear the word quarantine. The word “Quarantine”which was derived from Italian word “QuarantaGiorni”which means 40 days and evidences suggest that this practice began during 14th century to save coastal cities from plague epidemics. Thus, Quarantine in legal terms, can be defined as “The restriction of activities and/or separation of suspect persons from others who are not ill or suspect of baggage, cargo, container, aircraft or conveyances facilities, goods and postal parcels in such a manner as to prevent the possible spread of infection or contamination.
There are laws also which governs Quarantine. They are following:-
- Epidemic diseases act,1897([8])–It is a British colonial era’s law which was enacted to tackle the epidemic of bubonic plague that broke out in the Bombay state of that time,is the main legislative framework at the central level to prevent the spread of epidemic diseases .It has been used to prevent the spread of various diseases such as Swine Flu, Cholera, Malaria and Dengue etc.
Section 2(A) of the act empowers the Union Government to take necessary measures and prescribe regulations to deal with dangerous epidemic diseases at ports of entry and exit.
Under section 2, States are given power to take special measures to deal with epidemic within their jurisdictions thus,any state at any time is satisfied that (the state) or any part of its territory is threatened with an outbreak of any dangerous epidemic disease and when it feels that the ordinary provisions of the law are insufficient for the purpose may adopt all measures including quarantine to prevent the outbreak.
Section 3 specifies that any person disobeying any order under 1897 act shall be deemed to have committed an offence punishable under Sec 188 of Indian Penal Code (IPC) and a person is liable upon conviction to a sentence of imprisonment for one month, a fine or both.
Section 4states that no suit or legal proceeding will be initiated against any person or authority for anything done in good faith.
This law has also been defined as “Archaic”as it places emphasis on quarantine but it is silent on various scientific methods of outbreak prevention such as vaccination and public health response.
- Disaster management act, 2005([9])–As the central government has declared covid-19 as a “notified disaster”, this law also comes into picture.
The disaster as explained under Section 2(a) means a catastrophe, mishap, calamity or grave occurrence in any area arising from natural or man-made causes or by accident or negligence which results in substantial loss of life or human suffering or damage to and destruction of property or damage to or degradation of environment and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.
This law allows the govt.to access “National Disaster Response Fund” .Using this fund the government will be better able to fund medical facilities and will be empowered to set up a number of agencies to manage the ongoing crisis.
Section 10 (2) (1) of the act allows national executive committee to give directions to govt. regarding measures to be taken by them it is also mentioned that any person violating these containment measures will be liable to proceeded against as per the provisions of Section 51 to 60 of Disaster Management Act, 2005 besides legal action under sec 188 of IPC.
This act is also being used in circulation of fake news, Section 52 of this act states that people intentionally making false claims to get benefits from the government can be imprisoned up to 2 years.
Section 58 of the act further holds that if an offence is committed by a company or body of corporate the person who was in charge at the time of offense committed will be held liable.This provision can also be used to ensure that work places allow employees to work from home or that they pay employees their due wages.
- National Health Bill,2009([10])–This bill was introduced to recognize health as a fundamental human right and states that every citizen has a right to the highest attainable standard of health and well-being.
It places obligations on the govt. to ensure health for all .Chapter 3 of this bill elaborates rights to health care, including terminal care for everyone however it lacks the ethical framework for the protection of human rights during such an epidemic. A reference can be taken from Public Health Emergency Response Act of Mexico which clearly describes the individual civil rights of a person who is quarantined in the midst of a health emergency.
And many more laws exist for this kind of Pandemic situation like – Under Section 269 of the Indian Penal Code (IPC), whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description up to six months or fine or with both fine and imprisonment.
Situation of the World due to COVID-19
In December 2019, a pneumonia outbreak was reported in Wuhan, China([11]). On 31 December 2019,the outbreak was traced to a novel strain of coronavirus, which was given the interim name 2019-nCoV by the World Health Organization (WHO)([12]), later renamed SARS-CoV-2 by the International Committee on Taxonomy of Viruses.
As of 1 June 2020, there have been at least 371,700 confirmed deaths and more than 6,152,160 confirmed cases in the COVID-19 pandemic([13]).
The Wuhan strain has been identified as a new strain of Beta coronavirus from group 2B with approximately 70% genetic similarity to the SARS-CoV. The virus has a 96% similarity to a bat coronavirus, so it is widely suspected to originate from bats as well([14]). The pandemic has resulted in travel restrictions and nationwide lockdowns in many countries, including India.
Why are human rights so important to the COVID-19 response?
The world is facing an unprecedented crisis. At its core is a global public health emergency on a scale not seen for a century, requiring a global response with far-reaching consequences for our economic, social and political lives? The priority is to save lives.
In view of the exceptional situation and to preserve life, countries have no choice but to adopt extraordinary measures. Extensive lockdowns, adopted to slow transmission of the virus, restrict by necessity freedom of movement and, in the process, freedom to enjoy many other human rights. Such measures can inadvertently affect people’s livelihoods and security, their access to health care (not only for COVID-19), to food, water and sanitation, work, education – as well as to leisure. Measures need to be taken to mitigate any such unintended consequences.
State authorities are having to deploy maximum resources to combat the spread of the disease and protect lives. Decisions are being made at speed and, even though well-intended, some can inadvertently have adverse consequences. Responses must be proportionate to the pandemic to preserve the trust that needs to exist between people and their government, especially during a crisis.
Human rights law recognizes that national emergencies may require limits to be placed on the exercise of certain human rights. The scale and severity of COVID-19 reaches a level where restrictions are justified on public health grounds. We have an obligation to ensure everyone is protected and included in the response to this crisis.
State’s aim is threefold: to strengthen the effectiveness of the response to the immediate global health threat; mitigate the broader impact of the crisis on people’s lives; and avoid creating new or exacerbating existing problems. All three elements will position us to build back better for everyone.
Suggestions
- This is not a time to neglect human rights; it is a time when, more than ever, human rights are needed to navigate this crisis in a way that will allow us, as soon as possible, to focus again on achieving equitable sustainable development and sustaining peace.
- Use maximum available resources at national and international levels to ensure availability, accessibility and quality of health care as a human right to all without discrimination, including for conditions other than COVID-19 infection; and ensure that the right to life is protected throughout.
- Strengthen international cooperation and take steps towards the provision of universal health care, collaborate in developing a vaccine and treatment for the pandemic, expedite trade and transfer of essential medical supplies and equipment.
References
[1]. “Definition of Coronavirus by Merriam-Webster”. Merriam-Webster. Archived from the original on 2020-03-23. Retrieved 2020-03-24.
[2]. Tyrrell DA, Fielder M (2002). Cold Wars: The Fight against the Common Cold. Oxford University Press. p. 96. ISBN 978-0-19-263285-2.
[3]. Almeida JD, Berry DM, Cunningham CH, Hamre D, Hofstad MS, Mallucci L, McIntosh K, Tyrrell DA (November 1968). “Virology: Coronaviruses”. Nature. 220 (5168): 650. Bibcode:1968Natur.220.650. doi:10.1038/220650b0
[4]. Estola T (1970). “Coronaviruses, a New Group of Animal RNA Viruses”. Avian Diseases. 14(2): 330–336. Doi: 10.2307/1588476. ISSN 0005-2086. JSTOR 1588476.
[5]. Decaro N (2011). “Gammacoronavirus”. In Tidona C, Darai G (Eds.). Gammacoronavirus‡: Coronaviridae. The Springer Index of Viruses. Springer. pp. 403–413. Doi:10.1007/978-0-387-95919-1_58. ISBN 978-0-387-95919-1. PMC 7176155.
[6]. McIntosh K (1974). “Coronaviruses: A Comparative Review”. In Arber W, Haas R, Henle W, Hofschneider PH, Jerne NK, Koldovský P, Koprowski H, Maaløe O, Rott R (eds.), Springer. p. 87. Doi:10.1007/978-3-642-65775-7_3. ISBN 978-3-642-65775-7.
[7]. “Il étaitunefois les coronavirus”. RéalitésBiomédicales (in French). 2020-03-27. Retrieved 2020-04-18.
[8]. https://moderndiplomacy.eu/2020/04/25/covid-19-your-legal-rights-in-a-quarantine/
[9]. https://moderndiplomacy.eu/2020/04/25/covid-19-your-legal-rights-in-a-quarantine/
[10]. https://moderndiplomacy.eu/2020/04/25/covid-19-your-legal-rights-in-a-quarantine/
[11]. The Editorial Board (2020-01-29). “Is the World Ready for the Coronavirus?—Distrust in science and institutions could be a major problem if the outbreak worsens”. The New York Times. Retrieved 2020-01-30.
[12]. “Laboratory testing of human suspected cases of novel coronavirus (nCoV) infection. Interim guidance, 10 January 2020” (PDF). Archived (PDF) from the original on 2020-01-20. Retrieved 2020-01-14.
[13]. “COVID-19 Dashboard by the Center for Systems Science and Engineering (CSSE) at Johns Hopkins University (JHU)”. ArcGIS. Johns Hopkins University. Retrieved 2020-06-01.
[14]. Eschner K (2020-01-28). “We’re still not sure where the COVID-19 really came from”. Popular Science. Archived from the original on 2020-01-30. Retrieved 2020-01-30.