The Epidemic Diseases Act, 1897: How it became important in 21st Century
The Author of this article is Mr. Siddhant Tiwari (1st Year) who is pursuing B.A. LL.B. (Hons.) from Damodaram Sanjivayya National Law School, Vishakhapatnam.
INTRODUCTION
With the outbreak of novel coronavirus
or COVID-19, the world comes at halt, more than three millions cases have been
registered, and almost 3 lakh death has been reported, it is spread across 196
countries. The virus is said to be the biggest challenge before the world after
world war 2 or maybe greater. The virus is deadly because it is highly
contagious and doesn't have any unusual symptoms. The world has witnessed such
kind of outbreak, but the global organization does nothing to curtail any
viruses in future. India is entirely under lockdown, it has claimed nearly 1500
lives so for in India, everything is at halt be it railway, airlines
everything. This epidemic proved more severe than the Bubonic plague outbreak
in Bombay. This pandemic has turned a blind eye to the world's leading
commercial activities and, because of this outbreak, railways had to cancel
trains for the first time in India. And, looking at the magnitude of the spread
of the virus, the Indian Government enforced the 123-year-old legislation called
The Epidemic Disease Act, 1897.
HISTORY OF THE ACT
Bombay's 1896 Bubonic plague epidemic
that slowly spread to most parts of the country was the first moment that the
then British parliament passed this Act to contain the epidemic. In early 1897
Queen Victoria gave a speech discussing the outbreak, and that was then she was
instructed to put in a piece of legislation that would be strict and help
contain the outbreak, and hence it was the birth of the legislation of 1897. It
was said that the strict steps in the Act were kept for public health, but the
facts were contrary to the claims made by the British Government. It is the
most well-known fact that this Act was used in the name of public welfare to
imprison the freedom fighters.
CURRENT SCENARIO
In 2017, the Indian government released
a bill called "Public Health (Prevention, Control and Management of
Epidemics, Bioterrorism and Disasters) Bill; this bill was brought to the
parliamentary floor as, in the case of a public health emergency, this bill will
become a driving force for the centre and state authorities to handle such an
emergency in public health, but unfortunately the bill could not be passed and
lapsed in the parliament. The only
choice left with the Indian government, however, is to enforce the 1897 act and
amend it in such a way that it can be more efficient and productive.
THE ACT:
According to The
Epidemic Diseases Act, 1897
“When at any time
the state government is satisfied that the state or any part thereof is visited
by or threatened with an outbreak of any dangerous epidemic disease; and if it
thinks that the ordinary provisions of the law are insufficient for the
purpose, then the state may take, or require or empower any person to take some
measures and by public notice prescribe such temporary regulations to be
observed by the public. The state government may prescribe regulations for the
inspection of persons travelling by railway or otherwise, and the segregation,
in hospital, temporary accommodation or otherwise, of persons suspected by the
inspecting officer of being infected with any such disease[1]”.
Section 2A empowers the central
government to inspect and detain any vessel or ship leaving or arriving at any
port, or any person planning to sail or arrive therein. Pursuant to section 188
of the Indian Penal Code, section 3 prescribes punishment for disobeying any
rule or order rendered under the Act. Under this clause, the person who
disobeys any order under the Act shall be punished with a sentence of 6 months
imprisonment or 1000 rupees fine or both. Section 4 specifies that for anything
done or in good faith intended to be done under this Act, no suit or any other
legal action shall lie against the administrator.
CHALLENGES TO THE ACT
The biggest issue with this Act is also
a limitation is that the Act a century-old act and much has changed over the
past century, the Act is not up to the governing standards of the modern world.
The Act is silent about describing the dangerous epidemic. The Act is ambiguous
on the country's geographical borders and therefore requires an amendment to
the penal clause. However, the Act does not speak about the distribution of the
vaccines and medicines or the implementation of the response system; there are
many other loopholes in this Act that the government must look up and correct
those loopholes in a timely manner so that the Act may become successful in the
present time.
The biggest issue with this Act is also
a limitation is that the Act a century-old act and much has changed over the
past century, the Act is not up to the governing standards of the modern world.
The Act is silent about describing the dangerous epidemic. The Act is ambiguous
on the country's geographical borders and therefore requires an amendment to
the penal clause. However, the Act does not speak about the distribution of the
vaccines and medicines or the implementation of the response system; there are
many other loopholes in this Act that the government must look up and amend those
loopholes in a timely manner so that the Act may become efficient in the
present time.
AMENDMENT
In addition, during the current COVID-19
pandemic, instances of the most critical service providers, i.e.
representatives of health-care services, have been targeted and harassed by
miscreants, thereby hindering them from performing their duties. Members of the
medical profession, while continuing to work ruthlessly around the clock to
save human lives, have sadly become the most helpless victims, as others have
viewed them as carrying the virus. This has contributed to cases of their
humiliation and ostracization, and even worse, unwarranted acts of abuse and
harassment.
Such a condition threatens to hamper the
medical staff from performing their duties to the best of their capacity and
maintaining their morale, which is a vital requirement in this hour of the
national health crisis. While health care workers have a responsibility to
serve without prejudice, society's cooperation and support is a vital necessity
for them to carry out their duties with trust. Amid these accidents, the
government has directed state governments to amend the 1897 Epidemic Disease
Act to protect health workers and their properties.
On 22 April 2020, an ordinance was
passed to amend the provisions of the Act to provide health-care staff with
security. Violence in the ordinance has been described by including harassment
and physical harm, and property damage. In addition, health-care professionals
include providers of public and professional health-care facilities such as
physicians, nurses, paramedics and community health workers and all other
individuals empowered to prevent this outbreak. Penal laws can also be used in
other cases. The amendment allows cognizable and non-bailable acts of offence.
The commission or execution of these acts of violence shall be punished with
imprisonment for three months to five years and with a fine of Rs.50,000/- to
Rs.2,00,000/-, respectively. In case of grievous damage, imprisonment is for
six months to seven years and with a fine of Rs.1,00,000/- to Rs.5,00,000/- for
a period. Furthermore, the defendant is, therefore, responsible for paying the
victim money and doubling the fair market value for property harm.
CONCLUSION
But still, the problem remains the same,
will this century-old Act help India emerge from this crisis, or the Indian
Parliament made a mistake back in 2017 in not passing the bill that could have
changed the scenario since the 2017 bill was well equipped with the necessities
of today's time because we don't have such luxury of a modern-day act, India
has to win the fight with century-old Act. If the situation gets under control
and the fight against the pandemic is won, the Indian parliament should think
about enacting new legislation in the near future to combat these situations.
Comments
Post a Comment