When I came across the beautiful quote on the Sun, I wanted to share my thoughts especially with people who are undue violators of lockdown or who are looking forward to way they can violate the section imposed during the lockdown. Let me start this article by first expressing my sincere gratitude towards every individual who is taking a risk to ensure people are able to procure things which they require for their survival. My sincere gratitude to police authorities, medical staff, government employees who are making a big difference to the lives of over 1.2 billion people in India. My sincere gratitude to also my colleagues who are on 24/7 standby to provide timely support in case of an emergency to end users of our elevators across India.
During the last 10 days of lockdown, I have come across several individuals who feel the ones who are daredevils are the ones who have the courage to move around the city during a lock down. Really hats off, to our daredevils, who are roaming on the roads, even as all medical and regulatory authorities are continuously requesting people to stay home and stay safe.
My question to all the daredevils who think they are above to law is: where was this gut when there was a terrorist attack in Mumbai? The 26/11 attack on multiple locations in South Mumbai is still fresh in my mind, Why were our daredevils hiding during that point of time?
When I analyse 26/11 and COVID-19, I feel the difference between the two is in case of 26/11 we were physically able to see some of these terrorists however in case of Coronavirus since we are unable to see how and in which direction it is moving, we at times take this virus very lightly. I heard of one gentleman who came back from overseas to be back with his mother, little he knew he is down with Coronavirus, he thought the fever he has is like any other fever, because of him his mother got affected and soon passed away. If you are a real daredevil then you will always be able to shine, it doesn’t matter if there are clouds like CoronaVirus which move around the city, you don’t need to go on the street to show what kind of daredevil, instead you should be indoors to set the right example.
With folded hands, through this writeup, I would like to appeal to all the daredevils that while we all recognise your guts, for the sake of everyone around you, please STOP wandering the streets unless there is an emergency.
Being a legal professional, I would like to share my thoughts on the legal risks you might come across for violating Government directives. Before highlighting legal risks- I would like to give you clarity on difference between Section 144 and curfew orders. Under, Section 144, right of gathering in public areas are restricted. So fundamental right of peaceful assembly provided under Article 19 is curtailed. Under curfew orders, all public activities are banned. Curfew warrants much graver situation, which is now being imposed by almost every country across the world. For violation of Section 144, punishment is up to three years imprisonment.
(1) Primary Legal risks- you enjoy, complimentary welcome-hospitality by law enforcing authorities, depending on time and situation, which can’t be challenged in any court of law. If you are lucky enough, this comes with added benefit of release of your maiden short film, on same day on internet. Mind you, this can also pose risk to your parent’s employment, if they are working with an MNC or any other big brand. As companies today are worried about their reputation and also their employees’ reputation.
Regulatory authorities have been reasonable till date, and we expect them to be reasonable and close the matters at primary stage. But sometimes, in some cases they may be constrained to advance further, in case of repetitive violations. If that happens then, they can proceed with registering cases in violators’ name, its better people don’t cross their limits.
(2) Subsequent Legal Risks- Once legal case is registered of violation of COVID-19 directives-
(a) Your name and case number will be in Public Record for ever. Loss of reputation for you and family Name for ever.
(b) In our country, because of legacy of pending litigations, the closing of such cases in courts may take anything from 2-5 years.
(c) These cases normally filed in the court, where violators are caught violating, so it may not be near to place of residence.
(d) During this intermittent period of hearing, every 30/45 days one full day attendance in court is mandatory. Failing of which, will result in issuance of arrest warrant.
(e) Violation Action is not justifiable, leaving almost zero chance of winning these cases. So naturally some punishment will be awarded.
(f) Once the court order is passed in such case- it will become life time mention in Public Records, there by killing all chances of availing upcoming opportunities including restrictions on travelling abroad.
Needless to mention, consequences of violations of curfew, could be lifelong loss of reputation. Criminal stigma will continue whole life along with your shadow.
We might be soon out of lockdown, however we need to keep in mind till the time, we don’t have quick fix for this virus, I would urge you to continue practicing social distancing, improve your hygiene by ensuring highest possible cleanliness both at home and at work, what if this Coronavirus comes back again we will be able to sail through the situation which much more ease..
I would like to close my article b with a request to all the daredevils. If you still feel you want to roam around the city, then I would say, please consider joining police / army / Navy / Airforce and bring name and fame to your as well as family name and nation. If you are not yet ready, then please stay at home, Stay Home Stay Safe.
The writer is Atul Juvle currently employed with Schindler India as General Counsel & Company Secretary- India & South Asia. Mr Juvle is recognized as ‘Top 100 General Counsels of India’, in a list published by UK-500. He is a recipient of many notable awards. As a thought leader, Mr. Juvle often shares his thoughts in several national and international forums.
Disclaimer: Views expressed are personal.
