Ministry of home affairs released guidelines for Unlock Phase II starting from July 1, 2020 with night curfew relaxation, provision for more domestic flights and trains, and clearance in a shop for more than five people.
Nevertheless, schools, colleges and other educational facilities will remain closed until July 31,2020 and until further orders, the Metro rail, multiplexes, gyms, swimming pools, bars and auditoriums will remain closed.

In Order issued by Union Home Secretary Ajay Bhalla claimed that, as per the National Disaster Management Authority’s orders, further action was permitted in a tailored manner in areas outside containment zones. Lockdown measures were extended within containment zones until July 31.
States are free to enforce further restrictions than they find necessary, even though they cannot seal frontiers. ‘States / UTs that prohibit such activities outside containment zones on the basis of their assessment of the situation … However, there is no restriction on the inter-state and intra-state movement of persons and goods, including those for cross-border trade under neighbouring countries treaties. For such moves no separate permission / approval / e-permit will be required, “the guidelines say.

“Under the Vande Bharat plan, international air travel was allowed in a restricted manner. There will be more opening up in a tailored manner.
Night curfew will now be between 10 pm and 5 am, instead of between 9 pm and 5 am. The order of the Home Ministry stated that this was done for “the seamless operation of industrial units in multiple shifts, the movement of people and goods on national and state roads, the loading and unloading of cargo and the movement of people to their destinations after departing from buses, trains and aircraft.”
Shops may now have more than five individuals at a time, depending on their size and the capacity to maintain physical space.
On educational institutions, the guidelines issued on Monday say, “After thorough consultation with states and UTs, it was agreed that schools, colleges and coaching institutions will remain closed until July 31.” The guidelines issued on May 30 said a decision will be taken in July on the opening of schools and colleges.
However, training institutes of both central and state governments can continue to function on July 15,2020. “The Department of Personnel and Training, Government of India, will issue a SOP in this regard.”
The government has said the country ‘s strategy to unlock has a “economic orientation,” as it looks to get back on track with stagnant companies and activities. Shops may have more than five customers at a time, depending on their location, the government said Monday night. “We have to keep an sufficient physical distance.
The Center has not provided a green signal to the operation of Metro services following requests from states such as Delhi. Also closed are cinema halls, gymnasiums, swimming pools, entertainment centers, theaters, restaurants, auditoriums, and similar locations.
“Social / Political / Entertainment / Academic / Cultural / Religious activities and other large congregations” are also forbidden. “The dates for restarting the above activities may be set separately, and the appropriate SOPs may be set.”
This time the MHA has specific recommendations for containment areas. Extending the lockdown for them until the end of July, the guidelines say, “District authorities will demarcate containment zones after taking into account the guidelines of the Ministry of Health and Family Welfare (MoHFW) with the aim of effectively breaking the chain of transmission.”
Only critical activities in containment zones are allowed, with strict perimeter control. “… Intensive touch tracking, house-to – house surveillance and other clinical measures, as needed.”

List of what is allowed or what is not?

The Center issued fresh guidelines for the next unlocking stage on Monday. The new guidelines will enter into force on Wednesday, July 1, and will extend until the end of the month. The exclusion zones will remain lockdown until July 31. The government restricted the movement of individuals from 10 pm to 5 am and added that a shop would allow no more than five people.
The schools and colleges will remain closed until July 31 as per the guidelines. There are also obstacles to Metro stations, movie halls, gyms, swimming pools, theatres, pubs, social and religious gatherings.

All activities will be allowed in areas outside of Containment Zones, except for the following: –

(i) Schools, colleges, educational institutions and coaching institutions remain closed until 3 July. 2020. 2020. Online/ distance learning is still permitted and encouraged.
Education institutions of the Central and State Governments will be allowed to operate from 15 July 2020, for which the Department of Personnel & Education (DoPT) will issue the Standard Operating Procedure (SOP).
(ii) international passenger air travel, except where permitted by MHA.
(iii) Metro.
(iv) cinemas, gymnasiums, swimming pools, amusement parks, theatres, restaurants, auditoriums, assembly halls and the like.
(v) Social / Political / Sports / Academic / Cultural / Religious functions and other large congregations.
Dates can be determined separately and appropriate for restarting the above activities.
SOPs to ensure social distancing and to contain COVID-l9 spread shall be issued. Domestic nights and a small number of commuter trains have also been approved. Current activities are extended further in a tailored manner.
Night Curfew: – The movement of persons shall remain strictly prohibited throughout the country between 10.00 p.m. and 5.00 a.m., except for essential activities, including the operation of multi-shin industrial units, the movement of persons and goods on national and state highways, the loading and unloading of cargo and the transportation of persons to their destinations after departing from buses , trains and aircraft. Local authorities shall issue orders in accordance with relevant law provisions, as provided for in Section 144 of the CrPC, in the entire region of their jurisdiction and ensure strict enforcement.

Lockdown restricted to Containment Areas


(i) Lockdown remains in effect in the Containment Zones until 31 July 2020.
(ii) Lockdowns shall continue to be exclusively carried out in the Exclusion Areas until 31 July 2020. Containment Zones are mandated by State / UT Governments to be carefully demarcated in order to contain the spread of COVID-19 after taking into account the guidelines issued by the Ministry of Health & Family Welfare (MOHFW). Strict perimeter protection is maintained within the containment zones and only necessary operations are permitted. Such Containment Zones will be informed on the respective District Collector ‘s websites and by the State.
(iii) Strict perimeter control is maintained in the containment areas, and only critical activities are allowed.
(iv) Containment activities shall be strictly monitored by the State / UT authorities and guidance on containment measures shall be strictly enforced in those areas.
(V) MOHFW shall control containment zones properly delineated and containment measures enforced.

States to decide outside Containment Zones

States and UTs may prohibit certain activities outside the Containment Zones on the basis of their assessment of the situation, or impose such restrictions as may be deemed necessary. There shall, however, be no restriction on the movement of persons and goods between States and intra-State. No separate authorisation / approval / e-permit is necessary for these moves.

Persons travel through SOPs

The movement of passenger trains and special Shramik trains; domestic passenger air travel; the movement of Indian Nationals stranded outside the country and of designated persons to travel abroad; the evacuation of foreign nationals; and the signing and signing of Indian seafarers shall continue to be governed in accordance with SOPs provided.

Protecting elderly persons

Vulnerable people, i.e. persons over the age of 65, persons with co-morbidities, pregnant women and children under the age of 10, are advised to remain at home, except to meet necessary requirements and for health purposes.

Using Arogya Setu

(i) Aarogya Setu enables the early detection of possible infection risk and thus serves as a protection for individuals and the group.
(ii) To ensure the safety of offices and workplaces, employers should make every effort to ensure that Aarogya Setu is installed by all workers with compatible cell phones.
(iii) District authorities may advise individuals to install Aarogya Setu on compatible mobile phones and to update their health slams on the app regularly. This will enable prompt provision of medical care to those at risk.

References 

  1. https://www.mha.gov.in/
  2. Order of unlock 2 from 1st July 2020 found here: –https://www.mha.gov.in/sites/default/files/MHAOrder_29062020.pdfv
  3. https://indianexpress.com/article/coronavirus/unlock-2-guidelines-july-coronavirus-6482179/

This Article is Written by Ayush Garg, 3rd Year Student of Gujarat National Law University.