Invoking Epidemic Disease Act, 1897

inbatv Articles, Health, India

Epidemic Disease Act, 1897- a 123-year-old colonial legislation, once used to imprison freedom fighters is now among India’s primary weapons against the COVID-19 pandemic. This legislation empowers state governments to adopt special measures, enforce stringent policies, and imprison transgressors so as to combat the impending threat of COVID-19.

State of Karnataka has had 41 people who have tested positive so far, and is the first Indian state to implement the legislation on March 11, 2020. Haryana’s total has touched 30 positive cases and has declared coronavirus under this Act on March 12, 2020; Maharashtra, where a total of 122 people has been affected by coronavirus, has since enforced the Act, along with Delhi and Goa.

This colonial law was enacted on 4th February 1897, to curb the outbreak of the bubonic plague in Bombay. It gave the British Government the powers to restrict people from gathering in large numbers; this legislation enables all the states to ban public gatherings, and asks schools and official institutions to stop functioning, and even advises companies to adopt the work-from-home model. It even gives the state a right to penalize the media organizations for misleading the public as the objective of this law is “better prevention of the spread of dangerous epidemic disease”.

Section 2 of the Epidemic Disease Act, 1897 confers states with the following powers to prescribe regulations:

  • The legislation authorizes the Indian states to take sufficient measures to empower any person through public notice as deemed necessary so as to prevent the outbreak of such disease.
  •  The states are also allowed to inspect persons travelling by railways or otherwise; even ships or vessels leaving or arriving at any port are bound to be inspected in the areas where this Act extends to.
  • This Act even authorizes the states to inspect and segregate people, who are affected by the disease, in hospitals and temporary accommodations.

However, the Act was criticized by many scholars as it was held that it did not lay out the legal framework for the distribution of vaccines and drugs and that the National Disaster Management Act of 2005 (NDMA) was held more valid and purposeful as it explicitly stated all the corrective measures in time of emergency. The Union Territory of Jammu & Kashmir, has even invoked the NDMA to shut all public transport in Ramban district as a precautionary measure against Covid-19. Moreover, the Epidemic Diseases Act does not define what an epidemic disease is. The definition of a “dangerous epidemic disease” or even the magnitude and intensity of this disease, and its potential to spread is also not provided in the Act. In 2009, a National Health Bill was proposed to replace this Act as it consisted of more specific regulations, preventive measures and a transparent legal framework for ensuring speedy redressal. However, the Bill could not get clearance in the Parliament and eventually lapsed. 

In conclusion, this law is one of India’s last colonial-era legislations and has been implemented to prevent dangerous epidemics like in 2018 to avoid the outbreak of cholera in a Gujarat village, to prevent the spread of dengue and malaria in 2015 in Chandigarh and H1N1 influenza in 2009 in Pune, is has also been invoked by the Orissa Government in Puri district to prevent the outbreak of cholera in 1959. However, as a preventive measure, the Indian Government has now announced a lockdown of 21 days in order to halt the spread of coronavirus and restore public health.

Submitted By-

Arpita Varma

Student Reporter, INBA