A couple of village panchayats have announced a complete lockdown in their respective jurisdictions. The panic felt across the State in the last couple of days has been the result of COVID-19 cases making its way into the rural parts of Goa.
These decisions that have been announced via notices – have been aimed at ensuring the deadly virus does not spread. However, the move has come under the legal scanner as panchayats have no powers to impose the law. So much so that that some panchayats have been forced to reverse their decisions soon after having issued public notices earlier.
Herald spoke to a senior legal counsels, who were unanimous in their views that panchayats’ orders have no legal sanctity under any provisions of the law.
Senior High Court counsel Surendra Dessai informed that while panchayats can take steps to promote the health of the people, imposing a lockdown is not within the legal framework.
“Panchayats have no right to impose a lockdown. It is the right of the Central or the State government to do so,” he said speaking to Herald. Desai cited section 60 of The Goa Panchayat Raj Act that makes a ‘provision for carrying out within the panchayat area any other work or measure which is likely to promote the health, safety, education, comfort, convenience or special or economic well-being of the inhabitants of the Panchayat area. ‘
“Panchayats, in its powers can take up works under the Section 60 of the Act for the betterment of its inhabitants but cannot impose a lockdown,” the noted lawyer added.
Senior lawyer Arun Bras De Sa has also echoed Desai’s views stating, “They (panchayats) have no legal authority to take such a decision. It (lockdown) should be voluntarily from the people or else it amounts to violation of fundamental rights.”
Amongst the panchayats who have been taking frantic decisions to impose a lockdown, Chimbel panchayat on Monday announced an 8-day lockdown after series of cases were reported from that area.
“Though village panchayats may have intrinsic authority to announce a voluntary lockdown, considering the precarious situation, for the overall welfare of a village; but legally they would lack powers to enforce the same as no such powers are vested in them by the Goa Panchayat Raj Act,” senior advocate Rajeev Gomes said.
It is not only about the lockdown but some notices also accompany warning message to violators. The Quepem Municipal Council, while appealing people to cooperate with the lockdown, has warned that violators will be responsible for the spread of the virus and that “the citizens of Quepem shall not tolerate your non-support for this good decision of the Council.”
The Agarwada-Chopdem panchayat, which has lifted the lockdown, had cautioned to slap a fine of Rs 5,000 against any shopkeeper or stakeholder violating the lockdown.
Another senior advocate lamented the decisions, arguing that in the future, the panchayats or municipalities may take the step for any other reasons. “Today they are talking about COVID-19, tomorrow they may impose a lockdown for other reasons. They have no legal powers under any provisions of the law to impose a lockdown. The power lies with the State government under the Disaster Management Authority,” he said.
Yet another senior lawyer, requesting anonymity, said the decisions by village panchayats and municipalities can be challenged in the court as “lockdown orders have no legal standing.”
Activist Soter D’Souza also claimed that panchayats hold no right to take such a decision. He also slammed politicians for not guiding the local bodies in the right direction; in view of the case where a panhayat issued the notice after having consulted a local MLA where they arrived at the decision to impose a lockdown.
“The Panchayat Raj Act does not empower (panchayats) to impose a lockdown because most probably in the wisdom of the Act, this is also a constitutional matter that involves constitutional rights,” he said.
“They (Panchayats) have no right but it can make an appeal to the magistrate for imposing lockdown. Taking law in hands is an abuse of power,” he added.
D’Souza also slammed interference of politicians stating one holds no rights in curtailing other people’s life. “It is a dangerous precedent. Tomorrow, you will ask for imposing lockdown because of thefts, etc. Politicians should guide (panchayats) not to allow taking power in their own hands…” he said, while adding that MLAs should not misguide people or local bodies.
