The Karnataka government on Wednesday promulgated The Karnataka Epidemic Diseases Ordinance-2020 that provides for initiating stringent action, including provision for imprisonment, against those who violate restrictions during the outbreak of epidemic, attack or obstruct frontline health staff and cause damage to public or private property.
The Ordinance comes close on the heels of violence in Padarayanapura of Bengaluru when the police and BBMP officials tried to take some secondary contacts of a deceased COVID-19 patient into quarantine on April 19.
The police have registered five FIRs and arrested 126 persons in connection with the episode. The Ordinance, which was promulgated soon after the Union Home Ministry came out with guidelines in this regard, says the offender shall be liable for a penalty of twice the value of public or private property damaged as determined by the Deputy Commissioner after an inquiry.
Recovery of penalty
If the penalty is not paid by the offender, then the amount shall be recovered under provisions of the Karnataka Land Revenue Act, 1964, as if it were to be arrears of land revenue. The Deputy Commissioner can even attach the property of such offender in due course. Also abetment of offence would attract imprisonment of up to two years and a penalty of ₹10,000 or both.
Similarly, if the offence under this ordinance is committed by a company, it shall be liable for punishment.
The ordinance says: “No person shall commit or attempt to commit or instigate, incite or otherwise abet the commission of offence to cause loss or damage to any public or private property in any area when restrictions and regulations are in force to contain any epidemic disease”. Whoever contravenes such provision shall be punished with imprisonment for a term which shall not be less than six months, but may extend to three years and with fine which may extend to ₹50,000, it says.
The BJP had urged the government to promulgate such an Ordinance on the lines of the legislation in Uttar Pradesh soon after the Padarayanapura episode.