COVID-19 and Action in Aid of Civil Power

In Backgrounder, Human Security, National Security
May 27, 2021
Mehreen Naushad
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On 23 April 2021, the Federal Government deployed Pakistan’s Armed Forces in aid of civil administration to ensure that the public adheres to the precautionary measures as notified by the Federal Government. This action was taken following the rise of cases in India where the healthcare system is burdened by a staggering shortage of oxygen

On 23 April 2021, the Federal Government deployed Pakistan’s Armed Forces in aid of civil administration to ensure that the public adheres to the precautionary measures as notified by the Federal Government. This action was taken following the rise of cases in India where the healthcare system is burdened by a staggering shortage of oxygen and medicines. The fear of Pakistan spearheading in the same direction as India due to the growing disregard of precautionary measures has forced the Federal Government to call upon the Armed Forces to aid the civil power in containing the spread of the virus. This raises the question of whether the Federal Government has the authority to call out the State’s Armed Forces for the purposes of ensuring health security within its territory.

The legal authorisation of the deployment of the military to regulate COVID-19 stems from the enforcement of Article 245 of the Constitution of Pakistan, 1973 and Section 131-A of the Code of Criminal Procedure, 1898.

Article 245 of the Constitution provides “The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.” The Article further states that “The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any Court.” Whereas Section 131-A of the Cr.P.C. provides that: “If the Provincial Government is satisfied that, for the public security, protection of life and property, public peace and the maintenance of law and order, it is necessary to secure the assistance of the armed forces; the Provincial Government may require, with the prior approval of the Federal Government, or the Federal Government may, on the request of the Provincial Government, direct, any officer of the armed forces or civil armed forces to render such assistance with the help of the forces under his command…”

Both of the aforementioned provisions allow the Federal Government to call upon the State’s Armed Forces to assist the civil power and law enforcement agencies in case a situation threatens the national security of the State. It is imperative to note that national security cannot be defined narrowly. Security issues now are viewed from a much a broader perspective than in the past. It no longer means simply equipping a State to deal with military threats and armed attacks. When the safety and welfare of the nation is endangered by a lethal threat, the situation becomes a matter of national security and it should be treated as such.

The unprecedented COVID-19 outbreak in a short span of time spread to over 213 countries. As of May 06, 2021, according to COVID-19 Data Repository by the Center for Systems Science and Engineering (CSSE) at Johns Hopkins University, an estimated 155 million cases and 3.24 million deaths have been reported globally. The World Health Organisation (WHO) classified the virus as a pandemic that poses a global threat due to the acceleration of the virus. This also poses multi-pronged challenges to nations all across the globe. The increase in the numbers of cases has forced several governments take drastic measures such as putting their populations under lockdown, sealing their borders, shutting down markets, schools and institution to contain the virus. The wide outspread of the virus has every nation in the world scrambling to address the current threat and reconsidering future priorities.

Pakistan has presently recorded over 90,000 active cases of active cases of COVID-19 out of which 43,000 patients are in critical condition, over 570 patients are on ventilators, and the death rate due to the disease in Pakistan has reached 2.16 percent. Moreover, with the increase in the positivity rate of the infection, it has exceeded to dangerous limits. It is estimated that 51 cities across the country has reached the dangerous limits of positivity rate at 5 percent. The rampant spread of the disease highlights how that the novel coronavirus poses a huge threat to the security of the public. As such COVID-19 is considered to be a matter of national security. This shows that wider security measures now also encompass protection encompass protection against epidemics and infectious diseases among others.

With respect to coronavirus, Pakistan is also not the only country that has requisitioned its state’s security forces in an attempt to ensure public security from the disease. In the US the Department of Defense was requisitioned to work in conjunction with the Centers for Disease Control and Prevention and the U.S. Department of State to provide support in dealing with the coronavirus disease outbreak. Moreover, with the continuously worsening situation in India due to coronavirus, a few state governments, such as Delhi, have called on army to aid them in containing the disease.

Moreover, this is also not the first time in Pakistan’s history that the Federal Government has invoked Article 245. The most recent invocation of Article 245 was in 2014, following the Imran Khan’s rally wherein due to threat of deteriorating law and order situation in Islamabad the Federal Government handed the security of Islamabad to the Armed Forces for three months. In addition to this, Article 245 was also invoked following the terrorist attack on Army Public School in Peshawar to counter terrorism and ensure public security across the country.

How a state defines national security helps it discern and defend against threats to that security. It is interesting to note that Pakistan had designated the pandemic as a matter of national security from the start.

This is evident with the establishment of the National Command Operation Center which brings together different ministries and security forces of Pakistan to monitor the evolving landscape of coronavirus in Pakistan and develop and implement appropriate measures to curb the spread of the disease. The Federal Government authorisation to invoke Article 245 of the Constitution and 131-A of the Cr.P.C. in order to protect the security of Pakistan’s general public from the deadly spread of coronavirus is just another measure to maintain and protect its national security.