23,094 FIRs filed, 54,919 arrested in Delhi from March 2020 to March 2022 for violation of COVID norms: Vidhi report

India’s response to contain the spread of COVID-19 was to enforce a nationwide lockdown on March 24, 2020. Law enforcement agencies were armed with penal provisions of the Epidemic Disease Act of 1897 (ED Act), the Disaster Management Act of 2005 (DM Act) and the Indian Penal Code, (IPC) to ensure compliance. .According to a recent study by policy think tank, Vidhi Centre for Legal Policy, 23,094 first information reports (FIRs) were registered between March 2020 and March 2022 in seven districts of Delhi for violation of COVID related norm and directions under the above laws.The majority of FIRs were filed for not wearing masks.As per the report, 54,919 people were arrested during the said period for such violations. Vidhi’s study, ‘Penalising Before Providing: A study of enforcement of COVID-19 related norms in Delhi,’ evaluated the FIRs and orders passed by Magistrate Courts to understand the role played by the police and courts in the enforcement of these measures. The objective was to understand how criminal laws were used to ensure compliance with COVID-19 containment measures in Delhi..To further understand whether criminal sanctions could ever guide public behaviour, particularly in absence of supportive measures from the government, a survey was conducted to document the public perception around the government’s handling of the COVID-19 pandemic..The report, part of the series ‘Lest We Forget’ also found that the government sought to ensure deterrence through punishment by setting daily targets for fines as high as ₹2000. Over ₹90 crores were collected as fine by the police and other authorities in nine districts and eight districts of Delhi respectively. .The courts which dealt with such cases ordered widely different punishments for similar violations. For not wearing a mask, one court imposed a fine of ₹.4400, while another ordered a fine of only ₹50..Of the 110 cases analysed, the accused pleaded ‘guilty’ in 106 cases. 102 such cases led to a conviction. None of the ‘not guilty’ pleas led to a conviction.Out of the 44 orders analysed, all 37 conviction orders were short and barely discussed the necessary procedural and evidentiary requirements. In contrast, the acquittal orders flagged substantial issues with the prosecutions.Access the full report and summary here.