Unlockdown 1.0 - Karnataka Guidelines

Pursuant to the order issued by the Ministry of Home Affairs (“MHA”), Government of India bearing No. 40-3/2020-DM-I(A) dated 17 May 2020 on extension of lockdown till 31 May 2020 and guidelines on lockdown measures, the Karnataka State Government vide order No. RD 158 TNR 2020, dated 18 May 2020 issued guidelines on lockdown measures to contain the spread of COVID-19 in the state of Karnataka which was in force from 18 May 2020 to 31 May 2020. A brief overview of the said order issued by the Karnataka State Government can be accessed here.

Subsequently, the Ministry of Home Affairs, Government of India issued an order dated 30 May 2020 bearing No. 40-3/2020-DM-I(A) (“Order”) on the extension of lockdown in the containment zones upto 30 June 2020 and on re-opening of prohibited activities in a phased manner in areas outside containment zones. The guidelines on lockdown measures shall remain in force upto 30 June 2020.

Pursuant to the said Order and in exercise of the powers conferred under the Disaster Management Act, 2005, the Karnataka State Government has issued updated guidelines dated 30 May 2020 vide order no. RD 158 TNR 2020, on the lockdown measures which will come into effect immediately and be valid till 30 June 2020 (“Karnataka Order”). The Karnataka Order can be accessed here.

1.         Phased re-opening of areas outside Containment Zones:

The Karnataka Order primarily permits all activities in areas outside Containment Zones. However, certain specific activities are permitted subject to the Standing Operating Procedures (“SOPs”) that are to be prescribed by the Ministry of Health and Family Welfare (“MoHFW”). These specific activities are proposed to be permitted in three phases:

(i)            Phase I:

The Karnataka Order allows the following activities from 08 June 2020 onwards:

(a)       Religious places/places of worship;

(b)      Hotels, restaurants and hospitality services; and

(c)       Shopping malls.

(ii)          Phase II:

Schools, colleges, educational/ training/ coaching institutions etc. are proposed to be opened after consultations with parents and other stakeholders. Based on such discussions, a decision in this regard is proposed to be taken in the month of July 2020.

(iii)        Phase III:

Dates for resuming the following activities is proposed to be decided based on evaluation of the extent of spread and containment of the situation:

(a)       International air travel of passengers, except as permitted by MHA;

(b)      Metro Rail;

(c)       Cinema halls, gymnasiums, swimming pools, entertainment parks, theatres, bars and auditoriums, assembly halls etc.;

(d)      Social, political, sports, entertainment, academic, cultural, religious functions and other large congregations.

2.         National Directives for COVID-19 Management:

The National Directives for COVID-19 Management, as annexed to the Karnataka Order in its Annexure I shall continue to be followed throughout the State.

(a)     Compulsory wearing of face cover in public places, workplaces and during transport. In the event of any non-compliance in this regard, a fine of INR 100 in rural areas and INR 200 in urban areas shall be imposed;

(b)     Maintenance of minimum distance of 6 feet in public places;

(c)     Shops to ensure physical distancing and prohibit entry of more than 5 persons at one time;

(d)     Large public gatherings are prohibited.

(e)     For marriage related gatherings, number of guests to not exceed 50.

(f)      For funeral related gatherings, number of persons to not exceed 20.

(g)     Spitting in public places is punishable with fine as prescribed by the local authorities;

(h)     Consumption of liquor, paan, gutka, tobacco etc. in public places is prohibited.

(i)      Workplace directives:

                             i.      Work from home to be practiced to the extent possible;

                 ii.    Staggering of work/ business hours to be followed in workplaces, shops, offices, markets, industrial and commercial establishments;

                 iii.     Provision of thermal screening, sanitizer, hand wash to be made at all entry and exit points and common areas;

                          iv.      Frequent sanitization of all points which come into human contact to be ensured;

                            v.      Practicing of social distancing by workers is to be ensured by all persons in charge of workplaces.

3.         Night Curfew:

Movement of individuals between 9.00pm and 5.00am shall continue to be prohibited throughout the State, except for essential activities. In this regard, the local authorities have been directed to issue orders in the entire area of their jurisdiction and ensure strict compliance.

4.         Lockdown in Containment Zones:

(a)      The Karnataka Order directs the District Authorities to demarcate the Containment Zones, on due consideration of the guidelines issued by the MoHFW, Government of Karnataka;

(b)      It also imposes continuation of the lockdown in such containment zones until 30 June 2020;

(c)      Only essential activities are to be allowed in the containment zones;

(d)      Strict perimeter control shall be imposed in such zones to ensure that there is no movement of people in and out of these zones, except for medical emergencies and maintenance of supply of essential goods and services. The Karnataka Order also stipulates intensive contact tracing, house-to-house surveillance, and other clinical interventions.

(e)      District Authorities/ BBMP may also identify Buffer zones outside the Containment Zones, where new cases are likely to occur. Further, the Karnataka Order allows the District authorities to exercise their discretion to impose restrictions within such buffer zones.

5.         Unrestricted Movement of Persons and goods:

(a)      The Karnataka Order allows inter-State and intra-State movement of persons and goods without any restriction. No separate permission / approvals / e-permits will be required for any such movements.

(b)      Based on its assessment of the situation on account of public health reasons, separate orders will be issued by the MoHFW, Government of Karnataka, regarding inter-state movement of persons to Karnataka.

(c)    SOPs are required to be adhered to with respect to the movement of person by passenger train and Shramik special train, domestic passenger air travel, movement of Indian Nationals stranded outside the country and of specified persons to travel abroad, evacuation of foreign nationals, and sign-on & sign-off of Indian seafarers.

6.         Protection of vulnerable persons:

Persons above 65 years of age, persons with co-morbidities, pregnant women and children below the age of 10 years are advised to stay at home, except for essential and health purposes.

7.         Use of Aarogya Setu:

Employers should on best efforts basis, ensure that the Arogya Setu app is installed by all employees having compatible mobile phones. District authorities and BBMP may also advise individuals in this regard.

8.         Strict implementation of the Order:

(a)    The District Authorities/BBMP have been directed to not dilute the Order in any man;
(b)    Further, all Deputy Commissioners/ Commissioners of BBMP have been directed to strictly enforce the measures mentioned above.

9.         Penal Provision:

Any person violating these measures, shall be liable to be proceeded against as per the provisions of Section 51 to 60 of Disaster Management Act, 2005; besides legal action under Section 188 of Indian Penal Code and other applicable provisions.