Covid19 within four corners of domestic and international Law

ByPrashant Jayaswal

Covid19 within four corners of domestic and international Law

COVID19 is the deadliest attack on the world of this century. It has killed more people than any other conflict or disease has taken the lives in that short period.

The death toll in the United States has crossed the 1 Lakh death toll and about 2 million people are affected by the virus. International media is quoting china as a paper dragon for its cowardly act of spreading the Wuhan virus as well as hiding the level of threat from the rest of the word.

On the contrary, it is also preventing International Investigation Agencies from looking into the series of acts that led to the spread of the novel pandemic.

The whole world has accused China of hiding the original data from other Nations. Early warning of the Incoming threat might have helped to curb the virus. India is in 4.0 lockdown and more than 1.5 lakhs cases are being reported and still rising with more than five thousand cases daily.
Chapter 14 of Indian Penal Code (IPC), is important in this context. It speaks about offences affecting the public health, safety, convenience and situations like this pandemic. The punishment provides imprisonment and fine, both.

Who had a thought in 2017 that when “The prevention, control, management of epidemics, Bio-terrorism and disaster bill” was drafted and
was kept for later might have helped to save many lives. Strong law might have given greater claws to curb the disease as like – New Zealand has controlled.

There is no doubt that this virus has taken all over the world at an unprecedented rate. Many strong western leaders have stated that China’s
virus is Chinese responsibility.

Though China has also reverted with a statement that, it is an old habit of the western culture to tag Asian names for any disaster. It is racial
discrimination. If we have to pay for the virus then, America should be responsible for HIV.

Equality and mutual respect and co-ordination are the ground norm of International relationships and the blame-game is the best sport of
Diplomacy. Countries are falling in line to punish China and its people for their heinous act.

Due to the liberal labor and industrial laws, the corporate and industrial sectors preferred China over any other country for manufacturing their products. Few essential factors have been playing Imperative role in shifting their setup from China to other Asian Countries, more particularly in India.

The diplomacy of India and boycott china and its product-moment has allowed the Indians to welcome these industries into their mainland.
Western media has quoted ‘novel coronavirus led to irreparable damage’.

Which may or may not was indirectly preparing its people to hold China accountable?

Negligence is a criminal as well as a civil action. It is a breach of a legal duty to take care which leads to damage, undesired by the defendant to the plaintiff. Whether it is an omission or commission. Covid-19 has to be considered as a negligent act that has left the world paralyzed. In
negligence, duty must be towards the plaintiff and here the world stands united against a common enemy. In a past development, Germany’s leading newspaper under the article ‘what china owned us’ has estimated around 130 billion pounds,economically.

Wuhan virus has reminded us about the gutless act of japan in World War II where they used a biological weapon to sabotaged china’s top political system. International convention on the prohibition of the development, production and stock piling of bacteriological and toxin weapons and destruction.

Since the 1890s world leaders were coming together to sustain the use of weapons of mass destruction especially chemical and biological weapons. Biological and toxin weapon convention. 

It is quoted as “convinced that such use would be repugnant to the conscience of mankind and that no effort should be spared to minimize this risk”.

It was opened for signature on 12th April 1972 and also as per the Article XIII, convention if for an unlimited duration. Article I states that each state party shall undertake never in any circumstances to develop, produce, and stockpile or otherwise acquire or retain biological and toxin weapons in armed conflict or for hostile purposes.

Article-II states that to destroy or divert all toxins and things mentioned in Article-I as soon as possible but not later than nine-month after EIF
(Enhanced Integrated framework). Interestingly Article IV has states that to request the UN Security Council to investigate alleged branches of BWC and to comply with its subsequent Decisions.

The role of the UNSC is very crucial for implementing the convention and also for Investigations as well as imposing Sanctions. In every International aspect of the law, it is crystal clear that the Implementation of these laws is  very hard; not to forget failure of League of nations, at the time of second world war.  

An interesting update came when the United States wants to investigate the Wuhan laboratory of biological science and the spread of COVID-19.

It is a theory that the virus got leaked on purpose from the laboratory and China hid and destroyed all the evidence related to it. Basically, instead of the report given by the world health organization, many supreme leaders want a transparent inquiry.

Over-stepping of jurisdiction is an old habit of many countries. Even in the Criminal court of Justice, if found guilty related to the propagation of biological elements which can lead to the Sanction for the conduct. Being one of the permanent members of the UNSC, China is using the leverage over other nations to stay friendly or neutral about Wuhan-virus, this is not the first time India has been facing Bio-Logical threats.

In 1998, India Began training its medical personnel to deal with Bio-hazards and attacks. In 2002, October, then President of India Late A.P.J Abdul Kalam affirmed that India will not make Biological. It is crucial for human beings.

Later it becomes concerned that terrorist organization AL-Qaeda was training its jihadist to use Toxins like ricin etc. also on June 03, 2015, India and United States have signed a 10-year defence agreement to develop a lightweight suit effective in chemical biological hazard environment.

A U.S. state has filed a lawsuit against china for suppressing information, arresting whistleblowers, and providing erroneous data about the virus. Attorney general of Missouri district court has mentioned hoarding PPE suits and other medical equipment, destroying crucial medical research, and not informing WHO for its negligent act.

China is now bullying other nations for blaming him for COVID-19. India is facing a military Standoff on LAC for the twittering same tune of America. Somehow the whole world is blaming but there is a popular saying goes by that the neighbor is your first sworn enemy. Japan, Taiwan, Vietnam, and other South China Sea Nations can see a rapid increase in the moment of PLA Navy as well as Myanmar, Sri-Lanka, India has also reported about the aggressive patrolling of PLA Navy into the Indian Ocean.

On 27th May, the president of China has made a public statement for the preparation of armed forces for any armed conflict.
The supremacy of law in the society as well as in the International village is quintessential of peace and order in the modern world.