Epidemic Disease Act, 1897 - (Article)


                                        Epidemic Disease Act, 1897

Introduction:

“The most  dangerous epidemic of all is the epitome of fear.”

In the wake of COVID-19 crisis and nationwide lockdown India has been grappling with unprecedented challenges that range maintaining law and order, access to medical facilities, food and social Security. In order to maintain the law and order the Supreme Court has taken suo moto actions and also issued guidelines to the other inferior courts to switch to video conferencing. 

During this pandemic Many states and Union Territories have been issued notifications under the provisions of The Epidemic Disease Act 1897.

Enactment of Epidemic Act, 1897:

Around September 1896, one case of  bubonic plague was detected in Mandvi then in Bombay presidency. India, then under the rule of Queen and British  Parliament had to act swiftly to prevent the plague from spreading to the rest of India. It was then the Epidemic Disease Act, 1897 was enacted by the British Parliament to curb in the spread of plague. The Epidemic act provides with special provisions for regulations to be imposed by the government at the time of any dangerous epidemic disease. 

Special Provisions Of The Epidemic Act, 1897:

Section 2 of the act provides with the special provisions for regulations to be imposed by the government at the time of any dangerous epidemic disease. This provision gives powers to the state government if it is satisfied that any part of the state is affected or threatened to be affected by outbreak of any dangerous epidemic disease and if the government feels that there are no measures existing in the ordinary provisions of law to deal with the said epidemic, the state government may take following measures to safeguard the public which shall be temporary in nature in order to prevent the outbreak of such a disease. The following measures are:

• To inspect the person travelling. 

• Segregation of people suspected of being diagnosed with the disease in hospital, or temporary accommodation. 

Section 2A empowers the Central Government to inspect ships and vessels leaving or arriving in the territories of India and also empowers the government to detain such vessels if required. 

Section 3 provides with penalties for disobeying the regulations made by the government under section 2 and 2A.The punishment for such disobedience shall be the same as section 188 of Indian Penal Code. 

Section 188 of Indian Penal Code provides for minimum punishment of 1 month and maximum 6 months or fine of  Rs Rs1000/- shall be meted out to the person who is in violation of the notification of the government.   

Section 4 protects the government and it’s employees and officers from any prosecution, civil or criminal for doing anything in good faith. 

. Features of the Epidemic Diseases (Amendment) Ordinance:

·         It makes any attack upon them as a cognizable and a Non-Bailable offence.

·         It solidifies the definition of what constitutes as violence i.e., harassment, physical injury and damage to property, as well as who is covered under the ambit of healthcare personnel.

·          Further, commission or abetment of any acts of violence against the said healthcare professionals shall be punished with imprisonment for a term of three months to five years, followed with a fine of Rs.50,000/-  

·           In aggravated cases concerning grievous hurt, the ordinance directs imprisonment for a term of six months to seven years, and with a fine of Rs.1,00,000/- to Rs.5,00,000/.

·          The law also envisions time bound investigations, in addition to compensation for injury or damage to property, to almost twice the fair market value.

During this COVID-19 crisis, the states even after imposing certain restrictions under this act are struggling with the isolation of people and stemming the spread of the disease as there are no specific provisions in the act which can guide the state government. Then, In a significant move Union Cabinet on April 22, 2020 amended the Epidemic Act, 1897 through an ordinance in order to ensure the safety of health workers at a time when there has been a spate of attacks on them. 

Thereafter, the Home Minister has also directed states to appoint nodal officers in order to further address other safety issues and ensure that safety and well being of our active medical professionals is ensued. 

Sanctioned by President Ram Nath Govind the Epidemic Disease Ordinance 2020 seeks to cover the limitations and gaps in our existing state laws and that Epidemic Disease Ordinance 2020 is going to be doing a lot of work in India. 

The COVID-19 pandemic poses a unique challenge, and several states have enacted special laws, such as the present ordinance, to offer protection to doctors and other medical professionals.

Conclusion

 “Safety and dignity of our doctors at their workplace is not negotiable. It is our collective responsibility to ensure a conducive atmosphere for them at all times.”

 - Vani Garg

 Govt. Mohindra college, Patiala


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