In the midst of current lockdown and transmission of the deadly coronavirus, people across the country have to stand united in the fight against the outbreak of epidemic as a part of a show of solidarity. We, the people of Nepal should understand that if an unfortunate incident can befall one, it can befall others too. That’s why we all need to stand together. While the lockdown is expected to slow the rate of transmission, it will not succeed to completely curb the outbreak of the pandemic.

This virus needs to be faced with commitment; courage and concord but one person alone cannot do it. We should be unanimous in our response to this epidemic. We are one nation. We cannot march our fight against the outburst of novel COVID-19 unless we firmly spread a message that collective effort is the only answer to tough times. This time shall also pass if we collectively fight against this contagion.

Leon Duguit (1859-1928), a celebrated jurist of Sociological School of Jurisprudence, was of the view that if the state acts in a way which promotes social solidarity, it is entitled to be upheld and encouraged. As the legal regime cannot turn as distributor of unhappiness, the government has invoked the Infectious Disease Act, 1964 to impose a virus-lockdown to combat the possible outbreak of COVID-19 infection in the country.

The Act, 1964, which is home to as many as five sections that merited enactment during King Mahendra’s regime, envisages that the outliers would be punished with imprisonment of either description for a term which shall not be more than one month; and/or also liable to a fine of Rs. 100 (Section 3). The Chief District Officer (i.e., executive Magistrate) has been empowered to implement the Act, 1964 (Section 4). The legislation confers a blanket power on the state to adopt and enact possible measures to curb the outburst of the epidemic.

This way, the governance has unleashed a strong message that people from all walks of life are together in the fight against the Coronavirus. The government’s initiative to enforce the lockdown, self-isolation or physical distancing or other preventive measures supplements and supplants social solidarity in a sense that all of these moves are put in place to combat the deadly epidemic. To quote Duguit, “Man must so act that he does nothing which may injure the social solidarity upon which he depends; and more positively, he must do all which naturally tends to promote social solidarity.”

So, if the people who stand in defiance of lockdown and contribute in the spread of the deadly virus, their action would harm social solidarity and they would stand against the majority will. “The only right which a man can possess is the right always to do his duty,” says Duguit, who was a well-known professor of constitutional law in the University of Bordeaux in France.

Article 48 of the Constitution of Nepal lays down fundamental duties to be observed by the people. The provision obliges every citizen to observe the laws of the land. The acclaimed jurist Hohfeld argues that rights and duties are jural correlatives. He believes that it is unjust for a person to claim rights unless he fulfills his duties. It becomes the sovereign duty of every citizen to practice physical distancing in a bid to curtail the outburst of COVID-19.

The need of the hour is to adopt all possible measures to prevent the spread of the virus. Perhaps, this the best duty a man can do at this moment.

Duguit was also of the opinion that the law which does not stand the test of social solidarity is not a valid law. The law in force to curb the chain of transmission of coronavirus, of course, stands the test of social solidarity as it empowers the state to adopt measures to curb the transmission of the pandemic. In this respect, it becomes imperative to acknowledge yet another message of Duguit: A rule of law exists whenever the mass of individuals composing the group understands and admits that a reaction against the violation of rule can be socially organized. There is a dire need of acknowledging the law from within-to-without.

Moreover, we were together during all the tough times; we should take a pledge to overcome this deadly epidemic. The only need of the hour is to go for self-quarantine to prevent the spread of coronavirus which has already entered our country. Prudent persons are already playing creative as well as constructive roles to battle against this outbreak. Some are engaged in welfare functions, while others are standing as frontline warriors in the fight against the deadly virus. The fight against corona is akin to wartime situations. But, it is a different kind of war where enemies are not visible with naked eyes.

Health professionals and doctors are tirelessly engaged in saving the lives and their role is no less than forefront fighters. As the world leaders and people are together in the battle against the outbreak of coronavirus, public opinion is thus the expression of social solidarity against this epidemic. After all, it’s time to bear in mind that “united we live, divided we die.”

Above all, we deserve to contribute to the governments at the helm to improve access to quality health, and education to recognize and respond to global pandemics in the future too.  The government can only act locally even against epidemics unless they had an opportunity to act beyond the borders. If our concentration is on combating COVID-19, the question that immediately arises is how to contribute and help the state to curb the transmission of this deadly virus.

It is time to take steps towards ensuring social solidarity among the national population. Just law and order is not enough to uphold Duguit’s philosophy; for a vibrant democracy deserves to form a cohesive socio-political structure to catalyse unanimity of opinion and negate differences.

(The author, formerly a Lecturer of Law at Kathmandu University School of Law, is currently Judicial Officer at Janakpur High Court, Birgunj Bench)