The Epidemic Diseases Act, 1897: An Age-Old Law in Rescue

Since we all are suffering from the deadly virus known as Covid-19, and the government has put numerous restrictions in the wake of the same, it becomes pertinent to know about the law which empowers the government to take these necessary actions. The Central Government announced a complete lockdown for the whole nation and then only essential services were allowed to be operated. These steps were taken by the effects of a century old, colonial law ‘The Epidemic Diseases Act, 1897’. Here are some interesting insights about the law:

Why an Epidemic Act?

• The Epidemic Diseases Act, 1897 was enacted on February 4, 1897, to stop the spread of the Bubonic Plague outbreak in Bombay. The British government in India was empowered by the Act to restrict people from gathering in large numbers.
• In the words of Woodburn, the Council member who tabled the Epidemic Diseases Bill on January 28, 1897 “Plague which has taken root in Bombay has been gradually extending to other parts of the country, and it seems to the Government expedient that some measures should be promptly taken before the disease has attained large proportions elsewhere to hold it in check… existing laws were insufficient to enable municipal officers to deal with various matters such as ‘overcrowded houses, neglected latrines and huts, accumulations of filth, insanitary cowsheds and stables, and the disposal of house refuse’.” i

Use of The Epidemic Diseases Act in Past:

• The British authorities used the Act as a tool to curb the freedom movement as well. They would search, without proper authority, suspected plague cases in homes and among passengers, with forcible segregations, evacuations, and demolitions of infected places. In the first year of the law, freedom fighter Bal Gangadhar Tilak was punished with 18 months’ rigorous imprisonment after the newspaper Kesari criticized the colonial government for the handling of the plague epidemic.
• In 2009, there was an outbreak of Swine Flu in Pune. To tackle the outbreak in Pune, Section 2 of the Act was enforced to open screening centres in civic hospitals across the city, and swine flu was declared a notifiable disease.
• In 2015, to deal with the outbreak of Malaria and Dengue in Chandigarh the Act was implemented, and collecting officers were instructed to issue challans of Rs 500 to people violating the notifications under the Act.
• In 2018, Vadodara District in Gujarat saw the Cholera outbreak. The District Authority issued a notification under the Act, stating Khedkarmsiya village as Cholera affected after 31 persons complained of the disease.

The Act was, as stated above, largely used to ban public gatherings, stop schools and institutions from functioning, and punish those escaping tests or quarantine on some local levels only.

Provisions of the Act:

The Act specifically mentions that it is to provide for the better prevention of the spread of dangerous epidemic diseases. Originally, the Act contained only 4 Section, Section 2A was added through an Amendment in 1920.

• Section 2 of the Act states that the State Government may take necessary measures to prevent the outbreak of dangerous epidemic diseases when in the opinion of State Government, the ordinary provisions of law for the time being in force are not sufficient. In the process, the State Government may empower any person to take such measures. The State Government may also prescribe regulations for the inspection of passengers be it by Railways or otherwise and of persons suspected of being infected with such disease and their temporary accommodation in hospitals.
• Section 2A provides the Central Government powers to take necessary steps to control the outbreak of any dangerous epidemic disease. The provision also empowers the Central Government to inspect ships or vessels leaving or arriving in India and to detain such vessels along with the persons if necessary.
• The Act also provides for punishments. Section 3 states that any person who disobeys any regulation or order made under the Act shall be deemed to be an offense punishable under Section 188, IPC, 1860.
• Section 4 of the Act protects the persons acting under the authority of the Act. It prohibits any suit or legal proceeding again any person for any act done in good faith under this Act.

Recent Developments in The Epidemic Diseases Act:

In a Union Cabinet meeting on March 11, 2020, it was decided that states and Union Territories should invoke provisions of Section 2 of Epidemic Diseases Act, 1897, to enforce Health Ministry advisories.

The Cabinet on April 22, 2020, amended the Act through an Ordinance, (The Epidemic Diseases (Amendment) Ordinance 2020) saying that commission or abetment of acts of violence against healthcare service personnel shall be punishable with imprisonment for a term of three months to five years, and with fine of Rs 50,000 to Rs 2 lakh. In causing grievous hurt, imprisonment shall be for a term of six months to seven years and a fine of Rs 1 lakh to Rs 5 lakh.

Way Ahead:

Disaster management, isolation of the suspected infected persons and isolation centres, vaccines and drug distribution by the government, accountability of authorities, uniformity in decision making bodies are among the few issues which the Epidemic Diseases Acr, 1897 fail to address.
As mentioned, the Act is 120+ years old. The intention of the British Authorities behind the law raises questions as they left a lot of loopholes so that they could control the Indian freedom movement. Few amendments here and there were made to adjust with the situations from time to time. In a modern democratic country, a law needs to be nearly perfect to have less scope of discretion and interpretation; more the loopholes, more will be confusions. Post the Covid-19 era, the day should not be too far when the government comes up with a detailed law administering epidemics to avoid a chaotic situation.

References

1. https://indianexpress.com/article/explained/epidemic-disease-act-amended-coronavirus-pandemic-bubonic-plague-healthcare-workers-6397400/

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