Lockdown 3.0: MHAs New Guidelines For Next Two Weeks From May 4

With the extension of lockdown, Ministry of Home Affairs has issued new guidelines those will be applicable for a period of two weeks starting from May 4, while making the use of Aarogya Setu App mandatory for people living in the coronavirus Containment Zones inside the 130 districts identified as the Red Zones. 

The guidelines will be applicable based on the risk profiting of the districts into Red (Hotspot), Green and Orange Zones.

The Notification says that, “The most sensitive areas of the country, from the spread of COVID-19 point of view, and falling within the Red and Orange Zones, are designated as Containment Zones. These are areas where there is a significant risk of spread of the infection.”

The compulsory use of Aarogya Setu application will help the authorities monitor the status of each individual in the containment zone from a distance and will allow it to take necessary and timely action including quarantining or home isolation of suspected cases, if necessary.

“The local authority shall ensure 100% coverage of Aarogya Setu app among the residents of the Containment Zone,” the latest government guidelines state.

“Strict perimeter control would need to be ensured, so that there is no movement of people in and out of these Zones, except for medical emergencies, and for maintaining the supply of essential goods and services. No other activity is permitted within the Containment Zones,” it says.

Its mentioned in the guidelines that the following activities will continue to remain prohibited across the country, irrespective of the Zone, for a period of two weeks with effect from 4th May, 2020: 

1. All domestic and international air travel of passengers, except for medical services, air ambulance and for security purposes or for purposes as permitted by MHA. 
2. All passenger movement by trains, except for security purposes or for purposes as permitted by MHA. 
3. Inter-State Buses for public transport, except as permitted by MHA. 
4. Metro rail services. 
5. Inter-State movement of individuals except for medical reasons or for activities as permitted by MHA. 
6. All schools, colleges, educational/ training/ coaching institutions etc. However, online/ distance learning shall be permitted. 
7. Hospitality services other than those used for housing health/ police/ Government officials/ healthcare workers, stranded persons including tourists, and those used for quarantine facilities. 
8. All cinema halls, shopping malls, gymnasiums, sports complexes, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls and similar places.
9. All social/ political/ sports/ entertainment/ academic/ cultural religious functions/ other gatherings. 
10. All religious places/ places of worship shall be closed for public. Religious congregations are strictly prohibited.

The guidelines speaks about the aged and the minor ones by saying that persons above 65 years of age, persons with co-morbidities, pregnant women, and children below the age of 10 years, shall stay at home, except for meeting essential requirements and for health purposes, as per the National Directives.

Activities in Red Zone (Hotspots) (Outside Containment Zones)

Apart from the above the following activities shall not be permitted

1. Cycle rickshaws and auto rickshaws. 
2. Taxis and cab aggregators. 
3. Intra-district and inter-district plying of buses. 
4. Barber shops, spas and salons

The Following activities shall be permitted with restrictions as specified:

1. Movement of individuals and vehicles, only permitted activities. Four-wheeler vehicles will have maximum two passengers besides the vehicle driver; for two wheelers, pillion rider is not allowed.
2. Industrial establishments in urban areas: Only Special Economic Zones (SEZs), Export Oriented Units (EOUs), industrial estates and industrial townships with access control etc.
3. Construction activities in urban areas and rural areas.
4. Shops selling essential goods in markets.
5. E-commerce activities will be permitted only in respect of essential goods. 
6. Private offices with upto 33% strength as per requirement, with the remaining person working from home.
7. All Government offices of Deputy Secretary level and above to the extent of 100% strength. The remaining staff will attend upto 33% as per requirement. .

Orange Zone

Restrictions

1.  Inter-district and Intra-district plying of buses

No Restrictions

1. Taxis and cab aggregators, with 1 driver and 2 passengers only. 
2. Inter-district movement of individuals and vehicles, only for permitted activities.
3. Four-wheeler vehicles will have maximum two passengers besides the driver. 

Green Zones

All activities are permitted in Green Zones. Buses can operate with upto50% seating capacity. Bus depots can operate with upto 50% capacity.

As per National Directives for COVID-19 Management, it was said that wearing of face cover is compulsory in all public places and work places while ensuring social distancing. Marriages related gatherings shall ensure social distancing, and the maximum number of guests allowed shall not be more than 50. Funeral/ last rites related gatherings shall ensure social distancing, and the maximum numbers allowed shall not be more than 20. 

Spitting in public places shall be punishable with fine, as may be prescribed by the State/ UT local authority. Consumption of liquor, paan, gutka, tobacco etc. in public places is not allowed. Shops selling liquor, paan, gutka, tobacco etc. will ensure minimum six feet distance (2 gaz ki doori) from each other, and also ensure that not more than 5 persons are present at one time at the shop. 

For workplace it was said that social distancing at work places shall be ensured through adequate gaps between shifts, staggering the lunch breaks of staff, etc. Provision for thermal scanning, hand wash and sanitizer preferably with touch free mechanism will be made at all entry and exit points and common areas. In addition, sufficient quantities of handwash and sanitizer shall be made available in the work places. Frequent sanitization of entire workplace, common facilities and all points which come into human contact e.g. door handles etc., shall be ensured, including between shifts. Use of Arogya Setu app shall be made mandatory for all employees, both private and public.

It further says that it will be the responsibility of the Head of the respective organizations to ensure 100% coverage of this app among the employees. Large physical meetings to be avoided. 

Arrangements for transport facilities shall be ensured with social distancing, wherever personal/ public transport is not feasible. Intensive communication and training on good hygiene practices shall be taken up. 

Lastly, the guidelines highlighted the offences and penalties for violation of lockdown measures where it mentioned Section 51 to 60 of the Disaster Management Act, 2005.

“Section 51 says Punishment for obstruction, etc.—Whoever, without reasonable cause (a) obstructs any officer or employee of the Central Government or the State Government, or a person authorised by the National Authority or State Authority or District Authority in the discharge of his functions under this Act; or (b) refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this Act, shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years.

Section 54 says Punishment for false warning. –Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine. 

Section 188 of IPC, 1860 says “Disobedience to order duly promulgated by 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”.