Many experts have held that the Kumbh festival and state elections have played a role as super spreader events. It has also been argued that the unscientific claims made by leaders of the ruling party may have abetted the masses to disregard vigilance towards covid-19.
By Thokchom Ghanakumar
Recently in the case of In re : Contagion of Covid 19 Virus in Prisons, the Supreme Court of India in order to decongest the prisons in view of the pandemic, ordered the immediate release of prisoners who were granted bail or parole last year. During the hearing the Court also asked the authorities not to arrest mechanically in cases where the maximum sentence is upto seven years of jail term. The apex court while ordering the release of inmates, showed not only legal acumen but also scientific temperament as many covid cases are reported in prisons. On the other hand, amidst the struggles and desperations of citizens in the middle of a covid-19 surge, leaders of a ruling party have continuously made unscientific statements and claims like “consume cow urine and cow dung for protection against corona virus”, “flow and blessings of Ma Ganga will ensure coronavirus doesn’t spread” and “coronavirus has a right to live”, etc. Could we say that the massive spread of covid-19 is incidental to the unpredictable nature of the virus? Or has it been compounded by the failure of the government in disregarding scientific advice and common sense by holding super spreader events like Kumbh Festival and non-observance of Covid-19 SOPs in the recently conducted state elections?
Apropos, it is important to remember what Jawaharlal Nehru has said on scientific temper. In Discovery of India, he said that “what is needed in India is the scientific approach, the adventurous and yet critical temper of science, the search for truth and new knowledge, the refusal to accept anything without testing and trial, the capacity to change previous conclusions in the face of new evidence, the reliance on observed fact and not on pre-conceived theory, the hard discipline of the mind-all this is necessary, not merely for the application of science but for life itself and the solution of its many problems.” He further said that “science was an important tool to rid our minds of irrelevant and outdated beliefs.” It is also to be reminded that Article 51-A (h) of the Constitution laid down the duty of the citizens “to develop the scientific temper, humanism and the spirit of enquiry and reform”. Despite being non enforceable, the Fundamental duties were added in the Constitution to remind the citizens of its role in maintaining democratic conduct in a civil society.
Law and unscientific temperament
Legally, mere statement, however ridiculous it may be, are still protected by Article 19(1) (a) of the Constitution against arrest unless it violates reasonable restrictions under Article 19(2). No doubt, we must judiciously use our freedom of expressions. For the citizens what is more pressing is the (mis)use of preventive or security laws by the government. Its wide scope and ambiguity in the definition of national security or public order threatens the very democratic and fundamental rights enshrined in Part III of the Constitution. Section 3(2) of the National Security Act, 1980 (NSA) allows the central and state government to detain an individual if it considers necessary to prevent the person “acting in any manner prejudicial to the security of the State or from acting any manner prejudicial to the maintenance of Public Order”. The Act neither defines national security or public order nor which actions may be prejudicial to national security or public order. Overlapping the due process of ordinary criminal law as provided in CrPC, it thus leaves citizens at the mercy of the government. The only ‘safety’ net is the administrative review by an advisory board.
Let’s consider the case of Wangkhemcha Wangthoi and Erendro Leichombam. It has been reported that both were arrested after they made some remarks on the death of the state President of BJP in Manipur. After they were released on bail, the government invoked the NSA to re-arrest them. The reasoning of the government is yet unspecified in invoking the stringent preventive detention law like NSA for a remark made by them (which at worst can be considered as uncultured or compassionless towards a dead person). In this case, it also seems disproportionate and scientifically unwise to use the law which allows detention of an individual without a charge for up to 12 months; considering the order given by the Supreme Court to release inmates during the pandemic. Whether their remark is a threat to security of the state or is prejudicial to public order is for the authorities to decide. Interestingly, on prima facie it seems that they mocked the unscientific claims and statements made by some leaders of the ruling party.
At present, what is critical is that India is currently gripped with a devastating wave of covid-19. Officially around 4 lakhs infections and 4000 deaths are recorded every day. Covid-19 infections and death are increasing every day in Manipur. Many experts have held that the Kumbh festival and state elections have played a role as super spreader events. It has also been argued that the unscientific claims made by leaders of the ruling party may have abetted the masses to disregard vigilance towards covid-19. This humanitarian crisis demands the government use all its might and resources in curbing this pandemic. Scientific temperament demands that the government must reflect and consider this pandemic as exigency and redirect all actions and attentions in curbing the pandemic. Learning from the Supreme Court, the government must curb its instinct to invoke laws which will put an individual’s life at risk by incarcerating them in an already crowded prisons for mocking unscientific claims. Rather, the move of the government must be to decongest the prisons.
(Thokchom Ghanakumar is a PhD Scholar, CSLG, JNU and formerly Asst Prof at Law Faculty, Delhi University)