Md. Liaqoat Ali Shaikh :
The catastrophe of COVID-19 has devastatingly transmitted to all over the world- profoundly affecting all the countries both strong and weak, directing the robust economies to a fiasco, debilitating the collective psyche even of the strongest minds and claiming enormous precious lives. Despite the collapse of the technologically advanced and scientifically sophisticated health system of the modern countries, the government of Bangladesh has cautiously survived such debacle with mortality and infection rate as less as possible and safeguarding the economy from the imminent depression, thanks to the proactive leadership of the honorable Prime Minister Sheikh Hasina.
In accordance with the experiences of the previous outbreak of the pandemics and the forecasts of the epidemiologists, the second wave of COVID-19 may appear in the forthcoming winter. In order to defend the nation from the attack of second wave, the government has remained profoundly vigilant through both formulating feasible action plans and commencing to implement accordingly. As far the preventive measures of the coronavirus transmission are concerned, the easiest, fastest and most effective way to combat the transmission is the mandatory wearing of masks.
Against such backdrop, the prime minister of Bangladesh has instructed the public administration to conduct mobile courts for rigorously implementing the campaign for extensive and obligatory uses of face coverings and executing health provisions. As soon as the instructions have been conferred to the field administration, the executive magistrates across the country under intensive leadership and relentless supervision of the district magistrates in association with law enforcement agencies have conducted uninterrupted mobile courts disregarding the possibility of being attacked by coronavirus.
Now let us examine, from the legal perspective, the gravity of the offence of breaching the government’s directions during the outbreak of infectious diseases in general and not using face masks in particular. The Penal Code formulated in 1860 contains an exclusive chapter stipulating “offences affecting the public health, safety, convenience, decency and morals”. The article 269 of the aforementioned chapter categorically demonstrates that any unlawful and even negligent action which is likely to transmit the infection dangerous to life shall result in the punishment with imprisonment of either description for a term which may extend to six months, or with fine, or with both. Moreover, malignant action for spreading such life menacing infection is treated harshly with imprisonment of either description extending to two years under article 270 of the very code.
Furthermore, the government formulated a timely act titled “Infectious Disease (Control, Prevention and Eradication) Act, 2018” in order to address public health emergencies and diminish health hazards. Enactment of such law in 2018 bears the testimony to government’s both foresightedness and farsightedness and proves tremendously effective in continuous endeavors to implement health provisions, directions and restrictions during covid-19 pandemic. This law states that if a person transmits or cooperates to transmit or conceals the risk of infection, such act shall be an offence to that person and shall result in imprisonment not exceeding six months or with a fine not exceeding Tk 1,00,000 or both.
Last but not the least, Covid-19 transmission is not only a pandemic but also a disaster as stipulated in “Disaster Management Act 2012. The definition of disaster encompasses any pandemic-causing diseases like epidemic influenza, bird flu, anthrax, diarrhea, cholera, etc. The reluctance to comply with health directions of the authorities during pandemic also falls under this act and shall result in imprisonment not exceeding one year or with a fine not exceeding Tk 1,00,000 or both.
The government is incessantly urging people from all walks of life to use face masks. Your negligence in and reluctance to using face masks may lead to contamination of a lot of people. Think if you are infected, your dear and near ones may also be infected. Therefore, you must behave sensibly and rationally. Otherwise, the government will be compelled to adopt strict measures. Against such backdrop, the administration plays and will continue to play substantial role in curbing the propensity to flout the health provisions and not to use obligatory face masks in accordance with relevant laws for greater and more extensive welfare of mass public.
(Mr. Liaqoat Ali is Upazila Nirbahi Officer, Sherpur, Bogura)
