Legal Enforcement of SOP during Covid-19

Introduction:

We are facing an unprecedented event. The rise of this pandemic was never foreseen by scientists or researchers. The way it spread lead to millions of cases worldwide. Thousands have lost their life. While some countries were fast some were slow in bringing necessary procedures to stop the spread. In India, with months of lockdown, it is time that we start living our lives alongside this disease because we can’t stop our economy for years as it will lead to chaos. With the opening of shops, theatres, etc. our government has to be even more alert so that the spread does not happen rapidly. For this certain Standard Operating Procedures have been made to tackle the virus. But the sad issue is that many of the local or state governments are not following them in the right way. Let’s see what the situation is in the country.

Standard Operating Procedures

Standard Operating Procedures are a step by step instructions which are compiled by an organization to help the workers or staff involved to carry out complex routine operations. These are important at the time of uncertainties because they provide a uniform basis on which the staff and other workers can do their work efficiently. Many countries have issued different guidelines to combat the virus as while as bringing economy to stability. In India, the Ministry of Home Affairs has issued National Directives for COVID-19 management that will remain in force till June 30. Some of the guidelines are-

1. Compulsory wearing of face cover in public and workspaces
2. Shops to ensure minimum six feet distance among customers and not more than 5 persons allowed in shops.
3. Spitting in public and workplaces punishable with fine.
4. Marriage related gathering shall ensure social distancing and the maximum number of guests not to be more than 50. For funeral related gatherings there should be social distancing and there can be no more than 20 people.
5. Consumption of liquor, paan, gutka, tobacco, etc. in public places not allowed.

Non-Enforcement of SOPs

Unfortunately, the guidelines have not been fully enforced. There is no proper mechanism for its efficient and strict implementation. Recently a petition was filed in the Karnataka High Court regarding the non implementation of the guidelines by the Karnataka Government. The state government stated that on its behalf the SOP was issued by Bangalore Municipal Corporation. The court stated that under Section 24 of the Disaster Management Act the state executive cannot delegate its power to any lower authority. They will have to issue the directions and all the other authorities would have to comply with it. They added that the state is playing with the lives of the people. They cannot be so casual.[1] The court then moved on to the Central government and commented that they should pass a separate order under section 51 of the Disaster Management Act so that the orders are followed in the right way. The court has suggested that there should be penal provisions in the SOPs authorized and make them legally enforced so that the relevant government organizations will efficiently enforce them.

Missing: Efficient Implementation

All the countries have now seen the brutal effects this virus has brought to humanity. Every country is bringing changes to its policies and taking vast measures to control the population. Unlike Ebola, the most affected countries were the developed ones of Europe which shows that this disease can spread anywhere despite having the best medical healthcare. In India, the cases are now rapidly increasing. India has now become the fourth most affected country based on total confirmed COVID cases with 4,73,000 confirmed cases which is rising daily. With the opening of lockdown, more people are getting exposed to the spread of this virus.

The government must bring a strict implementation of the guideline they have issued. Many of the rules like wearing masks and not spitting should be strictly adhered to by the government as well as citizens because the government cannot be everywhere to check on its citizens. It is our role that we avoid doing this to keep ourselves as well as others away from dangers. It is a fact that many local bodies and state governments are not able to manage their areas and are showing their apathy by not implementing the national guidelines. As the Karnataka government was caught red-handed for passing the work to municipal corporations and thus making the issue trivial it is time that there should inner awareness among the politicians in this country to bring about a social change that will benefit everyone and not just themselves.

Conclusion

Thus we have seen in this article as to how standard operating procedures and how they have become important since mass work started after the Industrial Revolution. In India, the Ministry of Home Affairs has issued a guideline for the management of this crisis after the government allowed the opening of shops and workplaces. This process is being brought so that the economy can again start flourishing. But if the states do not show the same support and keep on doing the politics then we may move towards a dangerous path where the politicians will benefit from the chaos while the common citizens will keep dying from the virus. Thus penal provisions should be applied with the guidelines so that local bodies as well as citizens are serious about the rules and start truly implementing them.  

Reference:

[1] Rintu Biju, [COVID-19] No machinery in place to check whether SOPs are being followed: Karnataka HC pulls up govt in plea on social distancing norms, Bar and Bench, (Jun 16, 2020), https://www.barandbench.com/news/litigation/covid-19-no-machinery-in-place-to-check-whether-sops-are-being-followed-karnataka-hc-pulls-up-govt-in-plea-on-social-distancing-norms