THE EPIDEMIC DISEASES (AMENDMENT) ACT, 2020

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Those who defend humanity are not less than gods, hence protecting the saviours of humanity is the utmost priority that is needed during these times of pandemic and in case of any such situation in the future too. The Act amended Epidemic Diseases Act, 1897 and on 2nd October 2020, it got assent from the President of India. In general terms, this Act prohibits any forms of violence against any healthcare worker or any form of damage to any property during the pandemic. The Act has given powers to take precautions to prevent the spread of such diseases in the form of regulating the traffic and movement of people. Due to the importance and need of the amendment, it was passed by Rajya Sabha on 19th September 2020 and by Lok Sabha on September 21, 2020. While introducing the bill in Rajya Sabha, the Union Health Minister Dr. Harsh Vardhan said that the bill is already in the form of the ordinance and such amendment increases the measures to prevent the diseases and control any form of violence against any healthcare worker effectively and actions against such violent persons at immediate effect.

The major changes in this Act are –

  1. To protect everyone who comes under the definition of Health care workers. As per the Act, healthcare workers include Doctors, Nurses and any person that is empowered by this act to prevent the outbreak of such diseases and any other person mentioned by the state government.
  2. As per the Act, violence includes harassment, injury, and hurt, coercion to take life, obstructions, and damage of any property or documentation of any health care personnel.
  3. The property includes clinics, quarantine establishments, healthcare places, or any other place where the healthcare person has interest related to the epidemic.
  4. The punishment for violence under this act is imprisonment from 3 months to 5 years and fine from Rs.50000 to 2 Lakhs depending upon the extent of violence made.
  5. If there is any grievous harm to any healthcare person then the punishment is of imprisonment from 6 months to 7 years and fine from Rs.1 Lakh to 5 Lakhs.
  6. The compensation to the concerned health care person or persons will be provided by the accused and in the case of damage of property twice the market rate of the damaged property will be provided by accused and if the accused is not able to fulfil the necessities then the compensation will be taken through Revenue Recovery Act, 1890 by recovering from the property of the accused.
  7. The investigation has to be completed within 30 days of the date of FIR.
  8. The trial, in any case, has to be completed within 1 year and in any delay, the Judge must record the reason regarding the delay.
  9. The powers of the central government are extended in this Act. They have the power to inspect any bus, train, vessel, ship, good vehicle, or aircraft; arriving or leaving. The Act provides power to detain any person intending to travel through these means of transport.

During Parliamentary Debate of the concerned bill, many suggestions came to the table like defining epidemic and pandemic, setting up various commissions and task force, mental health provisions for frontline workers, the introduction of fast track in the Act for fast disposal of cases, etc. Although the bill got passed without any such suggestions being considered, still the Act is a great step towards effective protection for the saviours of humankind.

Submitted by –

Bibhanshu Mishra

Student Reporter, INBA