States can’t impose lockdown sans MHA nod
MHA’s guidelines call for crowd management, but empower States to clamp lockdown and night curfew in Covid zones
The States cannot impose lockdown without approval from the Ministry of Home Affairs (MHA). According to new guidelines released by the Ministry of Home on Wednesday, only in containment zones, the States are empowered to impose lockdowns and the list of containment zones has to be updated with the Union Health Ministry.
The Union Home Ministry on Wednesday issued new guidelines asking States to follow the strict directives in crowd management to contain the Covid-19 pandemic. As per the new directions, the States are allowed to impose restrictions like night curfew and reduction of number of people allowed to assemble but can’t impose lockdown without approval from the MHA. Only in containment zones, the States are empowered to impose lockdowns and the list of containment zones has to be updated with Union Health Ministry.
The MHA’s new directions, titled as ‘Guidelines for Surveillance, Containment and Caution’ will be applicable from December 1 to December 31, directed the States and Union Territories to implement Standard Operating Procedures (SOPs) approved by the Union Health Ministry in controlling the crowd management, fines for non-mask wearing, opening of academic institutions etc. These guidelines are to implement ‘Covid appropriate behaviour’, said the MHA.
“The main focus of the guidelines is to consolidate the substantial gains that have been achieved against the spread of Covid-19 which is visible in the steady decline in number of active cases in the country. Further, keeping in view the recent spike in new cases in a few States/UTs, ongoing festival season and onset of winter, it is emphasised that to fully overcome the pandemic, there is need to maintain caution and to strictly follow the prescribed containment strategy, focussed on surveillance, containment and strict observance of the guidelines/SOPs issued by MHA and Ministry of Health & Family Welfare (MOHFW).
“Local district, police and municipal authorities shall be responsible to ensure that the prescribed containment measures are strictly followed. States and UTs, based on their assessment of the situation, may impose local restrictions, with a view to contain the spread of Covid-19 and implement surveillance and containment,” said the MHA’s new guidelines. There shall be intensive house-to-house surveillance by surveillance teams formed for the purpose and testing shall be carried out as per prescribed protocol in containment zones.
“Listing of contacts shall be carried out in respect of all persons found positive, along with their tracking, identification, quarantine and follow up of contacts for 14 days (80 per cent of contacts to be traced in 72 hours). Quick isolation of Covid-19 patients shall be ensured in treatment facilities/ home (subject to fulfilling the home isolation guidelines),” said the MHA detailing the SOPs to followed in containment zones.
The new guidelines directed that the State/UT Governments shall take all necessary measures to promote Covid-19 appropriate behaviour and to ensure strict enforcement of wearing of face masks, hand hygiene and social distancing. “In order to enforce the core requirement of wearing of face masks, States and UTs may consider administrative actions, including imposition of appropriate fines, on persons not wearing face masks in public and work spaces,” it said.
“Social/ religious/ sports/ entertainment/ educational/ cultural/ religious gatherings, with up to a maximum of 50 per cent of the hall capacity, with a ceiling of 200 persons in closed spaces; and keeping of the size of the ground/ space in view, in open spaces. However, based on their assessment of the situation, State/ UT Governments may reduce the ceiling to 100 persons or less, in closed spaces,” said the guidelines.
States and UTs, based on their assessment of the situation, may impose local restrictions, with a view to contain the spread of Covid-19 such as night curfew. However, State/ UT Governments shall not impose any local lockdown (State/ district/ sub-division/city level), outside the containment zones, without prior consultation with the Central Government. States and UTs also need to enforce social distancing in offices. In cities, where the weekly Case Positivity Rate is more than 10 per cent, States and UTs concerned shall consider implementing staggered office timings and other suitable measures, with a view to reduce the number of employees attending office at the same time, thereby ensuring social distancing. No restriction on Inter-State and intra-State movement, said the new guidelines.
“There shall be no restriction on inter-State and intra-State movement of persons and goods including those for cross land-border trade under treaties with neighbouring countries. No separate permission/ approval/ e-permit will be required for such movements,” said the guidelines.
Thursday, 26 November 2020 | PNS | New Delhi