Tuesday, January 26, 2021

Spirit of Indian Constituition and why Lockdowns are dangerous to our Freedom

Preamble of our Indian Constitution:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity,
and to promote among them all,
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this 26th day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Lets understand how the above preamble and its intention has been systematically hijacked by Indian Parliament.
Lockdown was issued for 21 days from Mar 25 2020 based on this order :
https://www.mha.gov.in/sites/default/files/MHAorder%20copy_0.pdf

This order states that they are invoking the 'lockdown' and 'social distancing' based on the powers conferred to them by the National Disaster Management Act 2005 section 6(2)(i).

If you look at the National Disaster Management Act 2005, there is no mention of any lockdowns or social distancing.
Here's the section 6(2)(i) of the NDMA 2005 Act
(https://web.archive.org/web/20160129071454/http://mha.nic.in/sites/upload_files/mha/files/pdf/DM_Act2005.pdf)
(2) Without prejudice to generality of the provisions contained in subsection (1), the National Authority may -
(a) lay down policies on disaster management;
(b) approve the National Plan;
(c) approve plans prepared by the Ministries or Departments of the Government of India in accordance with the National Plan;
(d) lay down guidelines to be followed by the State Authorities in drawing up the State Plan;
(e) lay down guidelines to be followed by the different Ministries or Departments of the Government of India for the purpose of
integrating the measures for prevention of disaster or the mitigation of its effects in their development plans and projects;
(f) coordinate the enforcement and implementation of the policy and plan for disaster management;
(g) recommend provision of funds for the purpose of mitigation;
(h) provide such support to other countries affected by major disasters as may be determined by the Central Government;
(i) take such other measures for the prevention of disaster, or the mitigation, or preparedness and capacity building for dealing with the threatening disaster situation or disaster as it may consider necessary;
(j) lay down broad policies and guidelines for the functioning of the National Institute of Disaster Management.

Putting a lockdown of the entire country in a complete violation of freedom of citizens and it violates the spirit of the constituition itself!!

NO ONE KNOWS WHO DEBATED this controversial National Disaster Management act and both Lok Sabha and Rajya Sabha have passed it.
As the wiki article on the same states:
(https://en.wikipedia.org/wiki/Disaster_Management_Act,_2005)
The act has been criticized for marginalizing Non-governmental organizations (NGOs), elected local representatives, local communities and civic group; and for fostering a hierarchical, bureaucratic, command and control, 'top down', approach that gives the central, state, and district authorities sweeping powers. It is also alleged that the "Act became a law almost at the will of the bureaucrats who framed it."

Solution

The reason why the Parliament is holding the people (citizens) to ransom is that we dont understand law of the land in detail.
This Republic day, I take an oath that I will understand more about the Indian constitution and basics of the Indian Penal Code and inform my fellow citizens to protect their freedom.

Happy Republic Day 2021!!

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Bangalore, Karnataka, India
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