GS Paper II

News Excerpt

The 22nd Law Commission of India has submitted its Report No. 286 titled “A Comprehensive Review of the Epidemic Diseases Act, 1897" to the Government of India.

Summary of the report

• Outdated Legislation: The report notes that the Epidemic Diseases Act, 1897 (EDA) was not designed to combat modern issues with the spread of infectious diseases.
• Globalization Challenges: Globalisation and increased connectivity, it states, can result in infectious diseases rapidly turning into epidemics or pandemics.
• Potential for Abuse: The report claims that as a colonial-era legislation, the EDA has great potential for abuse.
• Addressing Legal Gaps: Coupled with the lack of guidelines on important subjects, the report seeks to make comprehensive recommendations for the amendment of the EDA or the introduction of a new law altogether.
• Epidemic Plan: The most dramatic change suggested is the creation of an Epidemic Plan and a Standard Operating Procedure to address the spread of infectious diseases. This, the report states, would make sure the powers and obligations of different levels of government are clearly demarcated so that there is a coordinated response to any public health emergency.
• Government Collaboration: The duty to create this Epidemic Plan falls on the Central government in collaboration with state governments and after consulting the ministries concerned, private health institutions, expert bodies and other stakeholders.
• Stricter Enforcement: The report recommends stricter punishment for disobedience of guidelines and regulations made by the government during any health emergency.

Epidemic Diseases Act, 1897

• The colonial government introduced the Act to tackle the epidemic of bubonic plague that had spread in the erstwhile Bombay Presidency in the 1890s.
• Using powers conferred by the Act, colonies authorities would search suspected plague cases in homes and among passengers, with forcible segregations, evacuations, and demolitions of infected places.
• The Act has been regularly used to contain various diseases in India such as swine flu, cholera, malaria, and dengue.
• In 2018, the Act was enforced as cholera began to spread in a region of Gujarat. 

Epidemic Diseases (Amendment) Ordinance, 2020

• The Epidemic Diseases (Amendment) Ordinance, 2020, modifies the Epidemic Diseases Act, 1897, enhancing protections for healthcare personnel during epidemics.
• It defines healthcare service personnel, outlines acts of violence against them, and grants expanded powers to the union government for regulating transportation during outbreaks.
• The ordinance criminalizes violence and damage during epidemics, prescribing imprisonment and fines.
• Offenders must compensate victims, and non-payment leads to recovery as arrears of land revenue.
• Cases are investigated by an Inspector-ranked police officer, with trials mandated to conclude within a year, and a presumption of guilt for causing grievous harm.

Limitations of the Epidemic Diseases Act, 1897

• Outdated Framework: The Epidemic Diseases Act, despite recent amendments, inadequately addresses the evolving dynamics of public health emergencies in the contemporary context of global travel, connectivity, urbanization, climate changes, and resource pressures.
• Undefined Criteria for "Dangerous Epidemic Disease": The act lacks clarity on defining a "dangerous epidemic disease," with no specified criteria for declaring a disease as such.
• Limited Provisions for Disease Management: The act does not include provisions for the dissemination of drugs/vaccines or quarantine measures during an epidemic, reflecting its failure to adapt to modern healthcare needs.
• Neglect of Fundamental Rights and Human Rights: Formulated in an era predating constitutional principles, the act focuses on government powers during an epidemic but neglects citizens' rights and fails to establish fundamental human rights standards during emergency measures.

Conclusion

In light of the Law Commission's insightful review, India must promptly enact a contemporary and rights-based public health law, replacing the outdated Epidemic Diseases Act, 1897. This shift will ensure a more ethical and effective response to pandemics, fostering public cooperation and upholding fundamental rights. It's a crucial step toward resilient and responsive public health governance.