COVID-19 pandemic has shaken the world by affecting the economies since its outbreak in the Wuhan Institute of Virology, Wuhan, a city in China. The countries have taken precautionary measures like imposing lockdowns, sending COVID patients to a mandatory quarantine of fourteen days, making vaccines, restricting passengers from traveling abroad, etc. As far as India is concerned, it is needless to emphasize that this pandemic is probably the biggest problem the nation has faced after independence. In India, the first case came up in Kerala in January of 2020. After that, it has been a never-ending story till now. Not even a single state in India can claim to be free from this virus. World Health Organization (WHO) declared the pandemic in March 2020 after an alarming global catastrophe. Initially, WHO refused any human-to-human transmission declaring it a ‘normal’ virus. The government of India had imposed a national lockdown on March 24, 2020, initially for 21 days extending it with the final phase beginning on May 18 and ending on May 31. The decision to impose lockdown was necessary as India had no PPE Kits, vaccines, medicines, etc., to fight against this virus. Vaccination is the only permanent solution for this disease that has affected the whole world. Vaccines developed by various nations like India, the USA, UK, Russia, etc., can be a breakthrough to solve this crisis. All the vaccine-producing nations should come forward and distribute their vaccines to those that have suffered the most. They can argue that it is essential for them to vaccinate their citizens first, but in my opinion, a proper balance between the domestic use of vaccines and their export to needy nations should be maintained. The systematic approach in handling this pandemic can lead to prolific results. Proper utilization of vaccines without wastage will break the chain thereby reducing the number of cases globally. Lockdown has proven to be beneficial, but also created some problems for the people as many of them had complained of anxiety, depression, and mood swings, change in behaviour, etc.

 

Reasons:  Let’s try to understand the reasons for this pandemic that has caused havoc on earth. As told earlier, Chinese authorities had failed to stop the spread of this virus from their country to other nations. It is said that this virus may have originated from bats and thereby transferring itself from them to human beings. Undoubtedly, had China taken appropriate and effective measures to stop the spread of the virus, the situation would not have been like that is today. People were allowed to meet with each other which ultimately transferred the virus from one human body to another thereby creating a network of transmission. International flights were not halted, and people took the virus with them during their return from China to their nations. The highly infectious nature of the virus had played an important role in its easy and quick transmission from one person to another- coughing, sneezing, and speaking being the modes of transmission. The surface transmission was also found to be one of the reasons for transmission. People touching the surface of doorknobs, tables, chairs, etc. having the virus were found to be infected. Further, the virus has shown different mutations thereby making it difficult for people to fight against it. It was important to stop the spread of this virus at the source which China had failed to do.

 

What can be done: Various steps can be taken by the people as well as the government to fight against this virus and thereby curb its impact. These steps should rest on the pillars of discipline and perseverance and let’s try to see what all can be done.

 

By the government – It is necessary for the government to encourage pharmaceutical companies and institutes to make more vaccines as only two of them (Serum Institute of India and Bharat Biotech) have actively, successfully, and adequately manufactured them for the people. Undoubtedly, Biological E, Zydus Cadila, Hetero Biopharma, Genova, etc. are some of the Pharma companies that have started making vaccines but still, a lot more must be done. India is a pharmaceutical hub, to leverage that, the government must promote compulsory licensing by using Section 92 of the Indian Patents Act that gives the power to the Central government for issuing compulsory licenses in circumstances of national emergency or extreme urgency. It will allow Indian manufacturers to produce a more affordable generic version. Apart from this, the government can start programs to encourage people for vaccinations at the earliest to reduce the transmission. Various schemes to promote vaccination at the rural and urban level by keeping in mind the needs of people and the guidelines so issued by the World Health Organisation are essential.

 

To reduce the effect of COVID-19 majority of the population must be fully vaccinated. Now, the question that arises here is:

• Can the government/s in India compel citizens to take the vaccine jabs (either made in India or imported)?
• Can it take any precautionary steps to stop the spread of any epidemic disease internally?

 

In the public interest, the statutory provisions are giving these powers to the government. The Epidemic Diseases Act of 1897 permits the state governments to take necessary steps to prevent the outbreak or spread of an epidemic disease like imposing temporary lockdowns, night curfews, inspecting persons traveling by railways, or otherwise, segregation of suspected persons in hospitals, etc. Similarly, The National Disaster Management Act of 2005 gives the power to the National Authority (constituted as per the provisions of the Act) to lay down policies on disaster management, provide support to other countries affected by major disasters as may be determined by the Central Government and many other important directions. India cannot afford a complete lockdown now as the GDP growth has shown a negative growth due to the lockdowns so imposed earlier by the government of India. Lockdowns should be the last option, and large-scale vaccination in a shorter period should be the deal of the day. The Indian government should stop exporting vaccines to other nations for some time. Vaccination of various age groups by the end of this year requires a prolific plan. The focus should be on three ‘T’s – Testing, Tracing, and Treatment.

 

By the people – Each person in society must understand that without their active participation, nothing is achievable. It is naive to think that the government can manage everything on its own. People must break the chain by taking steps like staying at their homes, washing their hands with soap regularly, using face masks properly, etc. They must follow the protocols so declared by the government in a strict and disciplined manner. They need to keep themselves engaged in productive and creative work so that their mind is busy. The people must provide authentic and accurate information about their health and symptoms to the concerned authorities as timely treatment will save their life. Patients with mild to moderate symptoms should self-isolate themselves at home and those having severe symptoms must visit hospitals for their treatment. Asymptomatic patients should be at home and follow the guidelines so issued by the doctors. Nevertheless, all these steps are crucial in minimizing the risk of the transmission of this virus. There is no scope for people to be liberal at this juncture. The time is upon us to join hands together and fight with this invisible enemy that has wreaked havoc on the lives of human beings and jolted the economies of the nations. The sooner it is, the better it is.

 

By Ashish Pathak
Assistant Professor
Alliance School of Law