- INTRODUCTION
With the passage of time the world has witnessed the outbreak of various infectious diseases which have proven to be a threat to the entire human civilization. India too has witnessed a series of such diseases, the Flu pandemic in 1918, Small Pox epidemic in 1974, Plague in 1994, Swine Flu in 2009 and now the Covid-19 pandemic in 2020 which is still an ongoing threat. During these kinds of pandemic emergencies a proper legislation is absolutely essential as it will help the Government in power to take actions for controlling the disease as well as to merge such Acts with the rights and duties of the citizens.
During the Covid-19 pandemic, many states in India had invoked the Epidemic Disease Act, 1897 to control the pandemic. This Act was brought into force in 1897 so as to fight the deadly Bubonic Plague in Bombay. This Act has been divided into four sections which will assist the country during large breakouts of infectious disease, however this being an Act promulgated in the 19th Century, it has some major flaws which needs urgent rectification.
- THE EPIDEMIC DISEASE ACT: A COMPARISON
The Epidemic Disease Act is almost 124 years old legislation having only 8 Sections which was enacted during the British regime in India. This Act gave immense powers to the government officials to search and inspect houses, to detain people and issue any order to stop the spread of the disease. If this Act is compared to the Public Health (Control of Disease) Act, 1984, the lacunae in it can be easily identified. The Act in England clearly establishes different authorities and their duties to combat the disease. It also provides for responsibilities of the healthcare officials in identifying the contagious individuals and the hierarchical chain of reporting it. The responsibilities are widely distributed among the authorities ranging from local level authorities to the authorities at national level. Even the Public Health Services Act enacted in United States prepares for a nationwide epidemic by anticipating the need of additional manpower as well as proper separation of the powers of center and states. These provisions are clearly missing from the Epidemic Disease Act, 1897 and therefore are inadequate in the present scenario.
- ANALYSIS OF THE ACT
Section 2 of this Act empowers the State Governments to take. In 2020 this Act was amended by way of an Ordinance. Through this amendment violence against the healthcare workers and damage to the property, clinical establishments and equipment was made punishable with imprisonment for a term of five years and a fine up to Rs 2 lakh. However there are still many areas that haven’t been addressed. Some of the lacunas in the Act are as follows:
- LACK OF CLARITY
In the entire Act there is no clause which defines dangerous epidemic disease. Moreover in Section 2 as well as Section 2A of the Act the word ‘satisfied’ also does not have any clear definition or clarity. The ambiguity in these provisions can lead to misuse of this power.
- NO SEPRATE COMMITTEE OR BODY OF EXPERTS
In the Act there is no provision of setting up a body of experts to suggest measures to control the pandemic. The entire power rests with the State Governments and the Central Government.
- PUNISHMENT IS NOT SUFFICENT
Section 3 of the Act deals with punishment for disobeying any regulations made under the Act which is a term of six month imprisonment or fine of Rs 1000 or both. The degree of punishment for offences under this particular Act must be a little higher as it is concerned with the health of people.
- NO PROVSIONS REGARDING THE DUTIES OF GOVERNMENTS
This Act definitely gives wide powers to the government however it has no provisions which points out the duties of such government during the pandemic.
- CONCLUSION
The Epidemic Disease Act, 1897 which is over a century old, obviously has certain major limitations which have been brought to the limelight with the current pandemic scenario. This Act has lost its significance in this modern world and without proper amendments to the Act, achieving its objective will be even more difficult. The Act must be included with a proper definition clause defining certain words in the Act, which lack clarity. A body of experts including healthcare workers and scientists should be formulated. This body should work together with the Central and the State governments in order to bring about measures to control the disease as well as to draw out a proper plan for vaccine distribution. The Act must be included with provisions addressing duties of citizens and the government during the pandemic. The punishment for violation of rules under this Act should also be increased. Including the said changes to the Act will help the authorities in working efficiently during a pandemic.
N.PARVATI,
A student in Kerala Law Academy
Mobile number – 8943728551
Email ID: nparvati98@gmail.com