Why 1 Page, 4 Section Epidemic Diseases Act, 1897 was wholly incapable of dealing with Corona Virus?

• Introduction

The Indian legal scenario has drastically changed since independence. Over time the country had considerably upturned the erstwhile colonial legal frameworks for a more modern and India-centric system. Yet, in many crucial areas, pre-independence legislation still prevails. Public health and control of infectious disease epidemics, unfortunately, is one such area.

As the daily surge in COVID-19 cases in India has proved all the projections for decline wrong. The government could not continue to rely on a 123 years old Act to bring some semblance of control to the situation.

• Background

The Epidemic Diseases Act, 1897, was first enacted by the British Parliament in India to tackle the bubonic plague in Mumbai (formerly Bombay). The colonial-era Act empowered the state governments to take extraordinary measures and prescribe regulations for containment and control of the disease's spread. It also defined penalties for disobedience and provided immunity for the actions taken in good faith.

Without a proper structure for command and control, what would result is a state-by-state response. Each state would develop a different strategy to contain and overcome a public health emergency and establish administrative health protocols during the midst of a crisis.

• What has changed?

The Epidemic Diseases (Amendment) Ordinance, 2020 was put into effect on April 22, 2020. This Ordinance amends the Epidemic Diseases Act, 1897. It provides for the prevention of the spread of contagious epidemic diseases and the protection of personnel combatting epidemic diseases. The Act expands the powers of the central government to take measures and make rules and regulations to prevent the spread of diseases.  

• The Ordinance defines healthcare personnel as the person at risk of contracting the epidemic disease while carrying out duties related to the epidemic. 
• It also explains what can be considered an act of violence and prescribes punishment and compensation. 
• It also enhances the powers of the central government to inspect any ship or vessel leaving or arriving at any port or detain any person intending to travel from the port during the outbreak. 
• The central government can also make regulations regarding inspection of any goods vehicle, ship, bus, train, aircraft or vessel leaving or arriving at any land port, port or airport and rightful detention of any individual intending to travel by these means.

Our Word

The pre-independence Act containing four sections and giving the state government power to make regulations to control the outbreak of disease proved redundant in crisis. It lacked uniformity, which could result in nationwide havoc. The Ordinance was much needed by the central government and the people of India to control the spread of disease and the safety of healthcare personnel who are at high risk of scumming the disease.  

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Author: Shrishti Zaveri

PC: IndianExpress