Need for a Covid-19 Vaccine

Constitutional Duty and Our Obligation

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Barrister Md Solaiman :
Today’s greatest need is for a vaccine or medicine to prevent or mitigate dangerous effects of the “coronavirus” as the deadly virus already spreads across the world. Many scientists are working endlessly to develop the vaccine of the coronavirus. However, still now, no one knows whether or not any vaccine or medicine will mature for this deadly virus. There is uncertainty and vagueness among the scientists and experts when the vaccine will come or develop.
In the meantime, doubts raised Oxford University coronavirus vaccine since all of the six rhesus monkeys that took part in the trial are found to have contracted the disease.
Although Oxford University’s ChAdOxl nCov-19 vaccine has already been steam-rolled into human trials, scientists warned that this vaccine may not prevent people from becoming with the disease after all.
On the other hand, On 15 May 2020, the Executive Director of the World Health Organisation’s Health Emergencies Programme Michael Ryan said in Geneva that the coronavirus may never go away and the people will have to learn to live with it as they have HIV. It is a very alarming warning for us as the people are dying and affecting over the world continuously.
The virus is said to have originated from Wuhan, China. It spreads over the world rapidly. The coronavirus has also spread in Bangladesh. People are panicking for the virus. In some areas, rumours are spreading due to lack of correct information and awareness.
Still now, a part of the people believes that the coronavirus does not attack Muslim people and it attacks foreigners. In some cases, people are relying on untrue information and they disobey the health and safety rules and move freely without wearing the mask.
The government of Bangladesh is working to face the challenges against the deadly coronavirus. It seems to me that the government alone is not able to face the challenge since the virus is new and it spreads over the country and the government does not have previous experience to face such challenges. Therefore, every citizen of this country should co-operate with the government’s decision. Otherwise, the government’s fight against the virus could not work fully.
The government, especially the public bodies, are working to prevent or reduce the epidemic of such a disease based on certain specific rules and legal provisions.
The World Health Organisation (WHO) has certain rules to face such an epidemic, such as maintaining social distance, and stay at home if we begin to feel unwell. We should seek medical advice immediately if we develop fever, cough, and difficulty breathing problems. We must maintain the quarantine rules as well. As a citizen of a country and cautious people, it is our moral duty to cope with such rules. At the moment, social isolation and awareness are more important to face the challenge and the people should not go outside without any essential needs.
The government has decided to open the market and resume the public transport conditionally based on public demand and needs. It seems that the people and businessmen are not following the government’s rules fully. They are not maintaining social distance. People are going to the market just for buying new dress as the markets are opened after a few months’ lockdown. It seems that a large number of people are going outside just for taking tea and coffee.
Still now, many people may not perceive the disaster of the coronavirus and they may criminally responsible under Section 269 of the Penal Code, 1860, if they act negligently and likely to spread the infection of any disease dangerous to life.
According to section 269 of the Penal Code, 1860, “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 for a term which may extend to six months, or with fine, or with both.
Although the Penal Code does not mention Covid-19, it clearly indicates any disease, such as the Covid-19, punishable with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
It is indeed difficult for the law enforcers always to identify the lawbreakers since the epidemic already spread over the country and people are not caring about the rules and hiding the situation. In some cases, the people breach the formal quarantine rules even people escaped from the hospital ahead of coronavirus testing. On 15 March 2020, a man, who was set to undergo testing for the novel coronavirus has fled from the Dhaka’s Shaheed Suhrawardy Medical College and Hospital and that patient had returned from Bahrain. Now it is the government’s rule that if anyone comes from abroad to Bangladesh, he/she must maintain 14 days formal quarantine. If anyone breaches or disobeys the quarantine rules, he/she will responsible under Section 271 of the Penal Code, 1860, and breaching the quarantine rule is punishable with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
We should raise awareness among our family members, colleagues, friends, and lay people. We should remember that not only the government has the obligation to face the challenge; we are also responsible for our side. The government is indeed the key player but the government cannot win against the deadly virus if we don’t help. Therefore, we should not breach any obligations during this dark time. As there is no specific vaccine or medicine of this fatal virus, there is no alternative without maintaining social distance and raising awareness. In this situation, we should work together and help each and other. We should play a role in this vulnerable situation.
Instead of the legal duty, we are morally responsible to maintain the WHO’s and government’s health and safety rules. We should obey the government’s directions and orders. We must not insult anyone if someone is affected or died due to coronavirus. We should not spread the rumours. Definitely, all darkness will end and the light will come to us.
The “death” is indeed universal truth and no one can escape from death. However, the government has the Constitutional duty to ensure the welfare of public health. Under Article 18 (1) of the Constitution of the people’s republic of Bangladesh, the State shall regard the raising of the level of nutrition and the improvement of public health as among its primary duties”. The government should work in line with the Constitution to ensure the safety of public health. Since the government is the key player to ensure the wellbeing of public health, every citizen of this country has a moral duty to follow the WHO’s and government’s health and safety rules.
(The writer is a member of The Honourable Society of Lincoln’s Inn and a specialist on International Human Rights Law).

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