‘LOCK DOWN’, ‘SECTION 144’, ‘CURFEW’ & ‘JANTA CURFEW’ ?

In which manner the COVID-19 cases have rapidly increased, it seems that either most of the people are not aware of the mis-consequences of this Epidemic Disease or is not taking it seriously which may be very harmful to all humanity. It is time to re-think ourselves and pay our duties in favour of our nation as well as humanity.

That’s why we have to decide to wake up all persons to contribute to defeat this epidemic disease as earliest. For which we have to know the legal provisions which are imposed by the Government to protect us & for knowing whom we people are also very curious.

Here, we will discuss those provisions like LOCKDOWN, SECTION 144 & CURFEW. And will try to know the difference among them : 

LOCKDOWN :

1)    Lock Down are declared by the Government in a situation to control the Pandemic or  Epidemic Diseases.

2)  It’s the only purpose to maintain social distancing to save people's 
 life from any Epidemic disease.

3)  In Lockdown situation, there is the flexibility to minimize the disturbances in Public life.

4)  There are restrictions on business continuation as regular, but the 
supply of essential services, like Grocery shops, Hospitals, Banks, 
 Vegetable & Milk Shops are allowed to continue.

5)  Business are advised to let the people work from home.

6)  People Gatherings are also restricted as per guidelines issued by 
   the government.

7)   Generally, People are not arrested during it, but 
 Section 188 of IPC can be imposed according to Section 3 of  Epidemic Disease Act,1897 which contains the  disobedience to order duly promulgated by the Public  Servant in which a person may be punished with the simple  imprisonment for a term of 1 month to 6 months, or with fine  for Rs.200 to Rs.1000, or both.

8) During Lock Down, Police has also right to arrest  the person under Section 268 of IPC for Public Nuisance.

9) If the Person negligently or maliciously acts to spread the diseases, Police has the right to arrest them under Section 269 & 270 of IPC respectively in which the person may be punished for the imprisonment of 6 Months to 2 Years, or with fine, or both.

10) And if the Person tries to escape from Quarantine, it can be penalized under Section 271 of IPC with the  imprisonment of maximum 6 months, or with fine, or both.

SECTION 144 (CRIMINAL PROCEDURE CODE 1973) :

1)  Section 144 of the CRPC authorizes the Executive Magistrate of any state or territory to issue an order to ban the assembly of 5 or more people in an area consistent with the law, every member of such 'unlawful assembly' are often booked which are clearly mentioned under Section 141 to 149 of IPC as punishable offence & contains with the imprisonment of 6 Month to 3 Years, or fine, or both.

2)    It generally prohibits Public gathering.

3)   It is imposed on the apprehension of breach of Public Peace & Order.

4)   It is imposed in urgent cases of nuisance or apprehended danger of some event that has the potential  to cause trouble or damage to human life or property.

5)    Obstructing enforcement agencies from dispersing an unlawful assembly may be a punishable offence.

6)    It also empowers the authorities to dam the web access.

7)    It can remain effective for 2 Months & extend up to 6 months.

8)    If any person found to violate the imposition of Section 144, he will be booked under Section 188 of IPC also for disobeying the order of Public Servant.

9)    It is more restricted than Lockdown.

CURFEW :

1)  An order of imposing the Curfew is issued in the more severe situation under the authority of Executive Magistrate & Police Commissioner.

2)  When Section 144 is imposed along with the shutdown of essential services, it is called ‘Curfew’.

3)  In addition to Section 144, all these essential services will be closed until the next order issued by the Government / Officials.

4)    No one is allowed on the street except for Police Administration & Personnel.

5)    During Curfew, People are told to remain inside for a specific timeframe.

6)  If it is abused by anybody, Police has the option to make a severe move under the above said Punishable Offenses or more others. Implies that Violation of Curfew can prompt your quick detainment by the police.

7)    During Curfew, People cannot leave their home without prior police permission.

8)    It is more stringent than Section 144.

JANTA CURFEW :

While the term ‘Janta Curfew’ is free from all the above-said restrictions because it is imposed on the People by themselves.

Hope, you will understand all the aspects which were very curious in the mind of every person in that Pandemic era. And it will be very helpful for knowing all the legal aspects of the above said Legal Terms.

So, Be Safe & Healthy…….

Thank You..

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COVID 19 - NEED TO KNOW ITS INDIAN  LEGAL OUTLOOK

World Health Organization (WHO) declared the Novel Corona Virus (COVID 19) as ‘Pandemic’ for the whole world. Thousands of people have been died due to the infection of this new disease which is spreading speedily among the people of all over the world. Around 159 countries have affected from this COVID 19 till now, which has led to countries putting a ban on travel & mass-gathering. 

In this baulk, Our India is also worried about this fast spreading of COVID 19 & our Central & State Governments are full-on work to perform their duties well in this regard which is highly appreciable. And our responsibilities are also more expected as a citizen of India to maintain the guidelines issued by the Government. 

So, I appeal you all to co-operate with the Government & to prevent before getting it bad to the worst.  

One of India’s primary weapons against the Covid-19 pandemic is 123-year-old colonial legislation, once used to imprison freedom fighters. The Epidemic Diseases Act of 1897 gives special powers to state governments. India’s Narendra Modi government has already advised states to use it to make their coronavirus advisories more stringent.

This law enables :

·         states to ban public gatherings,

·         ask schools and large institutions to stop functioning, and

·         issue advisories to companies to explore work-from-home models.

·         It also gives the state a right to penalize media organizations spreading misinformation.

·      It also allows the Central Government to “take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port in (the territories to which this Act extends).”

Its Enforcement in India :

·         The law was last used in 2018 to prevent the spread of cholera in a Gujarat village.

·         It has also been invoked in cases of dengue and malaria in 2015 in Chandigarh. And

·         H1N1 influenza in 2009 in Pune.

The Epidemic Diseases Act was enacted on Feb. 4, 1897 -

·              To stop the spread of the ‘bubonic plague outbreak’ in ‘Bombay’ state in ‘Former British India’.

    

           It gave the British government in India powers to restrict people from gathering in large numbers.

     

Object of the Act :

The legislation simply states its objective as “better prevention of the spread of the dangerous epidemic disease.”

Misuse of the Act :

While it helps contain epidemics, the Act can also be Misused.

In 1897, for instance, freedom fighter Bal Gangadhar Tilak was imprisoned for 18 months under this Act for his newspaper Kesari’s, anti-establishment coverage of the plague, according to The Indian Express newspaper.

In a 2013 paper, medical scholars Binod K Patro, Jaya Prasad Tripathy, and Rashmi Kashyap questioned the efficacy of the Act, given its vague language and non-specific definitions.

The scholars also pointed to a contemporary law like the National Disaster Management Act, 2005 (NDMA) as being more valid and purposeful. “The lawmakers can draw a leaf out of the NDMA as it clearly defines all the terms and has an explicit description of all the implementing measures and agencies to be instituted in the event of any emergency,” they wrote.

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Now, we discuss about :

THE EPIDEMIC DISEASES ACT, 1897

Section 1 : Short title and extent –

(1) This Act may be called the Epidemic Diseases Act, 1897.

(2) It extends to the whole of India except [the territories which, immediately before the 1^st November, 1956, were comprised in Part B States]

Section 2 : Power to take special measures and prescribe regulations as to dangerous epidemic disease —

(1) When at any time the [State Government] is satisfied that [the State] or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the [State Government], if [it] thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as [it] shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.

(2) In particular and without prejudice to the generality of the foregoing provisions, the [State Government] may take measures and prescribe regulations for -

(b) the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.

Section 2A : Powers of Central Government –

When the Central Government is satisfied that India or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease and that the ordinary provisions of the law for the time being in force are insufficient to prevent the outbreak of such disease or the spread thereof, the Central Government may take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port in [the territories to which this Act extends] and for such detention thereof, or of any person intending to sail therein, or arriving thereby, as may be necessary.]

Section 3 : Penalty –

Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code (45 of 1860).

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Section 188 in The Indian Penal Code :

Disobedience to order duly promulgated by the public servant –

Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and

if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation – It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces or is likely to produce, harm.

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Section 4 : Protection to persons acting under Act –

No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act.

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Hope, you will all be aware of this Pandemic and be safe and cautious from COVID 19. 

So, Let’s pray with humanity to save the world from this disaster.

GOD BLESS YOU ALL & STAY HEALTHY.

www.lawguruashugupta.in

www.youtube.com/c/LAWGURUAshuGupta

Question arises on the Protests during the Citizenship Amendment Act (CAA) & National Citizenship Register (NCR) etc. in 2019 ?

Why ? our indian youth goes to astray due to some misleading statements of vote politics and ruine our cultural forte of Peace  and involve as a surge violence without  understanding the things. 

Unfortunately, a 21^st century where we have entered in 2020, our indian youth is going so agressive due to some misleading statements of vote politics and take the decision in so early manner only having the belief on the rumours trending on the digital platform.

Due to which many questions arise in my mind as an indian and a law teacher that whether it is our cultural inheritance ? Have we not lose our Patience ? Is this not a big question that anyone can astray us to use by some misguided fake news trending on the digital mode ? Is it not our duty to analyse those as its own before making a wrong perception in our mind and evict the misleading facts done by miscreants from our society and thrive the brotherhood ?

Last days, many political activities done in our country and many important decisions have been taken an initiative by our Indian Government, whether it is a fast trial of AYODHYA Case, resolving the Jammu and Kashmir Problem, or having the CITIZENSHIP AMENDMENT ACT, 2019. All of the things have done by the indian government very caustiously. The result is that the AYODHYA and Jammu-Kashmir issues have resolved successfully by the indian government after managing some initial problems. But the misleading facts going on trending to the digital mode regularly in the other areas of india regarding the both for the vote politics. And the results were seeing soon, when a Protest was started in the Central Universities by the students against the fee increased. Perhaps no one knows, why and how it was become violent and turned up as the campaigning of against CAA (Citizenship Amendment Act) or NRC (National Register of Citizens).

It's seems the growing impatience and lack of positive aggression among the students or indian youth. It clearly shows the youth were not going to understand the burning issues on its own and make the illusions in their mind by the digital dependency which is used in the name of 'Freedom of Speech' by some miscreants or political leaders many times. I am not against the use of 'Freedom of Speech', but it’s a questionable manner to think that what the way we have used this freedom. Is it in favor of our nation or turned on the way of objectionable approach under which miscreants are being worked to ruine our culture of Peace and non-violence ?

It's time to re-think for the indian youth that while we have entered to 21^st century, how could we tried to digitalize our country fast and how could it presented us internationally in united form on digital platform  and remit these negative rumours from where our society becomes astray sometimes based on religions and casteism ? Why we are not trying to use this digital era into a positive mode and how could we accept it as the early growth of our nation ? It's very unfortunate that after earned the lot of education, why our educational universities are fetched into the petty political issues which turn into violence many times ? And students forget the vision to earn education through which they could serve the nation. Instead of it, they are used as the weapons by miscreants due to their misguided digital dependency.

So, beware and thinks not to have puppet of the others and use their intellectual things which you have achieved after having a lot of education. Think, is it in favor of our nation or not which is doing by you in the name of 'Freedom of Speech' or 'Equality of law' ? And if when think out of the box using through your independent intellectuallcy, you will find the answers and all aspects of everything. Then, you can decide yourself which will be the right way of using the phrase of 'Freedom', i.e. to take decision on its own without any inducement which will also be beneficial for the nation building.

#lawguruashugupta

https://www.lawguruashugupta.in

CAREER OPTIONS after having BA.LL.B., LL.B. or Law Graduation / degree in india ?

TODAY'S LIFE STYLE :

            

As we all know that this is the era of 21^st century, and all we are doing the work in pressure which may be mental or sometimes physical also. Due to which we all are having lot of tensions during our work. But there is a thing to understand that if we will not work properly, how can we achieved our future goals ? And due to having tensions, we have already thinking about the failure which is also very harmful for getting our aims instead of their positive aspects. Because Negative thinking is always in-built in our character in the form of fear or failure when we do start a new project of our life. You can simply understand as an example :

HOW DOES THE AIM AFFECTED ?

           

In my childhood, when anyone said me to do the cycling which was beneficial for me to go to the school in time, I neglected this view, not because of that I didn’t want to drive the cycle, but because of I had fear that I will fall down. Then we will see that firstly my mind accepts the negative thinking of falling down. Thus we will see that firstly my mind accepts the negative thinking of falling down. But for the other side of this coin, I struggled too many times to leave this negative approach and finally, I learned to drive the cycle after getting many efforts of my mother. Hope, it will have happened to all of us.

            

By this example, I want to say that for getting an aim, firstly we have to hookup our fear of failurity and get up with a positive attitude. To get that aim with full 'energy', the most important thing is 'Strategy' means that to analyse the both sides of the coin that may also be 'positive' or 'negative' with analyzing our capability. Once you understand all these things that means you are ready to step down in the battlefield of 'Karma'.

CAREER CONFUSION OF THE LAW STUDENTS :

Now, in this article, I want to consider the futuristic confusion of our Law Students with positive aspects. In this era, Law is a very passionate profession among all the youngsters. But I regret to say that after having that passion, they have not any guidance regarding it. Due to which, they are being the part of the old system wherein they have no aim about future except traditional practice in which it is not so easy to get the new case for a new practitioner because of the lack of their experience. Sometimes, It's a very challenging and depressing for new cumors.

            

So, I would request all the becoming Lawyres and Advocates that read it carefully wherein I will try to guide you all the future aspects of the 'Law' Profession even with my experiences or knowledge. Hope, this will be very helpful to make your future bright. If you gain some guidance from this blog, then must have comment. It will be pleasure for me.  

ESSENTIAL CHARACTERISTIC CONDITIONS FOR LAWYERS AND ADVOCATES :

            

There is no need to take tension for this because of that 'Law' is a bombastic approach to do anything with a Passionate Profession. But there are some conditions to get the success which is very necessary to have you in your character. And in the lack of those conditions, you would be depressed. So I would like to inform you with all these characteristic conditions which must be necessarily in-built or developed in your character. If you have, then you would have maximum chances to get the success in the 'Law' Profession. But if you have not, then it's a time to develop these things in your daily routine through some practice.

Following are the main characteristic approaches which must have necessarily required for being a successful personality in 'Law' profession, wherein may have various fields :

• 1.                  Positive Attitude,
• 2.                  Clarity of Views,
• 3.                  Good Legal Knowledge,
• 4.                  Strong Communication Skills,
• 5.                  Good grip on the Language,
• 6.                  Honor towards the Profession,
• 7.                  Honesty towards the clients,
• 8.                  Confident Speaker,
• 9.                  Good Listener,
• 10.              Skillful Writing, and
• 11.              Good Legal Drafting.

Thus, we see that these are the 11 amazing character keywords, which will boost you up

towards this today's trending Profession for getting the way of Success easily. So, without

wasting the time, I would like to say that thrown the negative views of your mind and be prepare yourself to get or develop the above skills in your character. I challenge you, success will be yours. Even if the field may be vary or of your choice.

CAREER OPTIONS AFTER HAVING LL.B., BA.LL.B. AND LAW GRADUATION / DEGREE IN INDIA :

           
Now the big question arises among the Law students that 'What can they do after having Law Graduation as a Career for making their future bright' ? So, I would like to clear all the students of Law that there are many opportunities or new emerging fields in which you can work according to your choice or the capability. But you must have to maintain the above 11 amazing factors to get the success in any field regarding the 'Law' Profession. Now we will discuss about the most precious fields in regard to the 'LAW' Students  :

1.         ADVOCATE / LAWYER :

        After having the Law Graduation, students can become an 'Advocate' after getting the enrollment with Bar Council of India (BCI) and affiliated with State Bar Council of   any State. Then, you could be appear in any court of india as an 'Advocate'. You can also get the internship as a 'Lawyer' or 'Trainee' with any Senior Court Practitioner or Senior Advocate and get the Practical approach at the time of your study.

           The basic difference between the term 'Advocate' and 'Lawyer' is that An advocate can appear before the Court in any matter, but 'Lawyer' can't do this. Because 'Lawyer' may be a Law Student or a 'Trainee' whose not enrolled in BCI.

             One thing is also there that when you will start working as an 'Advocate', you have to choose your choice of field which may be any one or more in the following :

1. ·         Civil,
2. ·         Criminal,
3. ·         Taxation (i.e., GST, Income Tax, Custom and Excise etc.), and
4. ·         Corporate (i.e., IPR, Trademark, Copyright, Cyber etc.)

             There is also an option that Law Students after having Law Degree to do the work with opting anyone of the below :

1. ·         To join any 'Private Law Firm' as an Advocate. Or
2. ·         To do the 'Private Practice' on its own hand.          

2.        'JUDICIAL' EXAMS :

Every state has conducted its own Judicial exams to recruit the new Judges on the post of 'Civil Judge (Junior Div.)' which is also known as PCS(J) and many more. It is the very passionate among the Law Students to become a Judge. So, you can also prepare yourself for this exam which is conducted in three formats :

           

•           Objective (known as 'Pre'),

•           Subjective (known as 'Mains'), and

•           Interview.

Most of the syllabus subjects are same as you are studied in LL.B. But there is some difference in Subjects on the behalf of the State. So, first you have to choose your State Criteria, then find the subject syllabus of those states, then do your best efforts. The maximum age for this exam is 35 yrs. And the minimum age may be 21 which would be vary according to the State Norms. For appearing it, you must have passed the LL.B. Degree.

3.         HIGHER JUDICIAL SERVICES (HJS)  :

         

 The format and subject syllabus are same as the above. But there is some    difference in the eligibility criteria wherein you should have the LL.B. degree with the 7 yrs. experience to work as an 'Advocate'. And the age criteria should be 35 - 45 yrs..  After qualifying this 3 format exam, you will be designated as an 'Additional District  Judge'. So, you can also prepare yourself for this passion.

4.         PUBLIC PROSECUTION OFFICER (APO / PPO / APP) :

The format and subject syllabus are also same as the above. For this exam, you       should have the LL.B. degree. After qualifying this 3 format exam, you will be designated as 'Government Advocate'. So, you can also do this.

5.        INSTT. OF BANKING PERSONNEL SELECTION (IBPS) :

          You can also prepare yourself for this exam which is related with the Banks. After the selection of this exam, you will get the job as 'Law Officer' in any Bank. So, find it and do it.

6.         JUDGE ADVOCATE GENERAL (JAG) :

            This exam is conducted for 'Army Courts' (Court Martial) in which you can       only apply after having 1st Division in your LL.B. and can get the direct interview after      selecting through merit list. Maximun age should be 27 yrs. for this exam.

7.         NATIONAL OR STATE ELIGIBILITY TEST (NET / SET) :

       

If you have an aim to get the teaching profession, then after LL.B. you have to pass the LL.M. and prepare yourself for the NET exam whose syllabus criteria is also the same as above. After having LL.M. with minimum 55% marks, you can appear in NET/SET exam which is an Objective exam only. If you get qualified, then you could be designated as an 'Assitant Professor' in any Private or Government Law Colleges.

8.     JUNIOR RESEARCH FELLOWSHIP (JRF) AND DOCTORATE OF PHILOSOPHY  (Ph.D.) :

                        

           JRF depends on the NET exam merit list. If you get the selection in the merit list as JRF, then you can do your research work or Ph.D. from any Government Institution / University with the fellowship / Scholarship which is given by the Government. Otherwise you can do your Ph.D. after passing LL.M. with any Government / Private University. But it could also be done by your own behalf after qualifying the Ph.D. entrance tests.

       After Ph.D., you will achieve the 'Dr.' as prefix with your name and can do the work as researcher or writer and can associated with any University as an 'Associate Professor' or 'Professor'.

9.          LEGAL OFFICER  :

          Now an emerging is also open for new young Advocates to works as 'Legal Officer' in any Multi-National Companies or with any Governmental Agencies such as Roadways, PWD etc. So you can find it according to your suitable conditions.

10.       TO BE A GOOD POLITICIAN OR SOCIAL ACTIVIST  :

            

As you know that, you will be the aware about all the basic laws of our country after having Law Graduation and if your understanding would be mature with communicating the people, then you can be a successful Politician and works as a Social Activists also. And you could serve our nation.

HOW TO PREPARE YOURSELF FOR 'JUDICIAL' EXAMS WITH ALL LAW SUBJECTS :

If you want to get more regarding the preparation of the above exams, you can search on YouTube 'Law Guru Ashu Gupta' and Subscribe this channel with pressing the bell icon to get the notification of new Lecture videos. This channel will help you to give guidance or preparation tips on Judicial Exams with the Lecture series of all Law Subjects in form of Law classes. You can also search / follow on twitter, facebook and instagram to get more information regarding the preparation of Judicial and other Law Competitive Exams on the below links :

https://www.lawguruashugupta.in
https://www.youtube.com/c/LAWGURUAshuGupta
https://www.instagram.com/LawGuru_Classes/

https://twitter.com/LawGuru_Classes

https://www.facebook.com/LawGuruClasses/              

Hope, it will be very informative for all the Law Students and try to get the right direction according to their choices in the Legal Profession. If benefitted, then don't forget to share with me through your comment. I am always with you.

#lawguruashugupta

Thank You.