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Centre misusing disaster laws to step on states' rights, say experts

The imposition of Section 188 in the Indian Penal Code for "disobedience to order duly promulgated by public servant" during the pandemic, was also seen by many as an overreach by the Central govt

A medic shows samples collected for tests as part of  Covid-19 treatment at Sri H. N. Reliance Foundation Hospital in collaboration with the Brihanmumbai Municipal Corporation (BMC), in Mumbai. Photo: PTI
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A medic shows samples collected for tests as part of Covid-19 treatment at Sri H. N. Reliance Foundation Hospital in collaboration with the Brihanmumbai Municipal Corporation (BMC), in Mumbai. Photo: PTI

Neha AlawadhiArup Roychoudhury New Delhi
The Union Home Ministry has been issuing guidelines to states under the Disaster Management Act regarding the nationwide lockdown and its multiple extensions. Now, Constitutional and legal experts and even serving officials in states say this is treading dangerous ground and harming the concept of ‘cooperative federalism’ as states are being compelled to gradually cede power to the centre, even on matters which are strictly State Subjects, like healthcare and law and order.
 
This ranges from the centre alone deciding which zones will be classified as Red, Orange or Green, making the usage of Aarogya Setu app compulsory, and deciding