Image Courtesy: Zee News
Uttar Pradesh Cabinet has cleared the Uttar Pradesh Public Health and Epidemic Disease Control Ordinance, 2020, which provides for maximum punishment of life imprisonment if death is caused by “intentional” Covid-19 affliction. The ordinance is pending assent of the Governor of the state after which it will become operative.
Further, intentional affliction if not leading to death is also punishable with rigorous imprisonment for 2-5 years.
Among other offences laid out in the ordinance, it prescribes punishment for attacks on health care workers ranging from 6 months to 7 years and fine ranging from Rs. 50,000 to Rs. 5 lakhs. This ordinance comes when a central government ordinance is already in operation to deal with the same offence and which prescribes similar range of punishment.
There is also the offence of “mass affliction” which means infecting 5 or more persons which invites punishment with rigorous imprisonment for a term which shall not be less than seven years but may extend to imprisonment for life and a fine ranging from Rs. 3 lakh to Rs. 5 lakh.
There is also clearly defined punishment for “concealment” and “travel by public transport” which is imprisonment for 1-3 years and a fine of Rs 50,000-1 lakh. Further all offences are declared to be non-bailable and cognizable, irrespective of the provisions of the Criminal Procedure Code (CrPC).
Coming back to the intentional affliction of the disease which has invited the maximum punishment under this ordinance. Under the IPC, only the gravest offences are accorded punishment of more than 7 years of imprisonment. UP’s Chief Secretary R K Tiwari told the Indian Express that the meaning of the word “intentional” is the same defined in legal terms. The Indian Penal Code does not contain the definition of the term “criminal intention” but the word intention had been used numerous times in the Penal Code as an important ingredient of offences. In criminal law, criminal intention is an important ingredient which needs to be present in order to finally convict a person for an offence. The IPC does define under section 81, an act which is done in good faith, which is likely to cause harm but is done without criminal intention, to not be an offence.
The copy of the ordinance is not available as the same awaits the Governor’s approval.
Related:
Is Uttar Pradesh increasingly becoming hostile towards Muslims?
Dr Kafeel Khan still behind bars, wife Shabista appeals for release
Gujarat Congress to move HC over BJP’s “criminal negligence” in organizing ‘Namaste Trump’ event