On the backdrop of the escalating Covid-19 pandemic, the Union government recently directed the States and Union Territories to invoke the Epidemic Diseases Act, 1897. This century-old legislation enables state governments to implement special measures and regulations for managing widespread diseases. It also establishes penalties for non-compliance with these rules and ensures legal protection for actions executed in good faith under the Act.
The Objective and Key Provisions of the Epidemic Diseases Act
The primary aim of the Epidemic Diseases Act is to ensure efficient prevention and containment of severe epidemic diseases. The Act authorizes the creation of temporary provisions or regulations for the public aimed at addressing or preventing disease outbreaks.
According to Section 2A, the central government has the authority to take necessary steps to prevent an epidemic’s spread. Although health is a State subject, by invoking Section 2 of this Act, advisories from the Ministry of Health & Family Welfare become enforceable. It also permits the government to inspect any ship entering or departing any port and detain anyone planning to travel.
Established Penalties and Legal Protection
Section 3 outlines penalties for disobeying any regulations or orders instated under the Act. These penalties align with section 188 of the Indian Penal Code (Disobedience to order duly promulgated by a public servant). Furthermore, Section 4 offers legal protection to officers executing tasks as per the Act.
Historical Utilization of the Act and its Background
The Epidemics Diseases Act has been enforced several times to manage disease outbreaks like Swine Flu and Dengue. For instance, in 2009, during the swine flu outbreak in Pune, Section 2 powers were applied to open screening centers in civic hospitals across the city.
The Epidemic Diseases Bill was introduced during a bubonic plague outbreak in 1897 due to the insufficiency of existing laws to handle issues like overcrowded homes, neglected sanitation facilities, and improper waste disposal.
Concerns regarding Global Health
The 1897 government was also worried that the plague would alarm several countries. For instance, Russia was concerned that the entire Indian subcontinent might be infected due to the plague.
About the Plague
The bacteria Yersinia pestis, typically found in small mammals and fleas, causes the plague. There are two primary clinical forms of plague infection: bubonic and pneumonic. Bubonic plague causes painful swollen lymph nodes or ‘buboes’, while pneumonic plague results in severe lung infection. Plague spreads through infected fleas’ bites, direct contact with infected tissues, and inhalation of infected respiratory droplets. Early diagnosis and antibiotic treatment can effectively combat plague bacteria, potentially saving lives. The three most endemic countries currently are the Democratic Republic of the Congo, Madagascar, and Peru.
Recent Amendments to the Epidemic Diseases Act, 1897
The Cabinet recently amended the Act via an ordinance stating that acts of violence against healthcare service personnel will result in imprisonment ranging from three months to five years and a fine between Rs 50,000 to Rs 2 lakh. If the offense results in severe harm, imprisonment will extend from six months to seven years, and the perpetrator will face a fine of Rs 1 lakh to Rs 5 lakh.