Analysis of The Epidemic Disease (Amendment) Act, 2020

Introduction:

The Coronavirus engulfed the world into a pandemic that it was not ready for. The last pandemic that the world faced was the Black Plague that affected Europe in 1346-1350 AD and killed around 50 million people across Eurasia and North Africa. Also known as the Black Death, this disease originated in Asia and was transmitted around the world by rats and infected fleas. It is said to have affected 60℅ of the European population.

Diseases that affect a late majority of the population in a short period are known as Epidemics. Epidemic disease is generally highly transmissible and can have a lasting impact on the population. This disease can be spread caused due to the spread of viruses, bacteria or can even relate to other events like obesity etc. However, pandemics affects a larger population than epidemics.

Since the government has the responsibility to look after the welfare of its citizens, it can enact various legislation to prevent the spread of the disease. In India, the Epidemic Disease Act was enacted while India was under British Rule, to prevent the spread of the bubonic plague in Bombay province. The need for the act was felt as the existing laws were insufficient to deal with matters such as “overcrowded houses, neglected latrines and huts, accumulations of filth, insanitary cowsheds and stables, and the disposal of house refuse.” The bill gave the local and provincial governments the special power to handle the crisis created by the epidemic, including the right to check passengers off trains and ships.

This legislation was enacted in 2020 to prevent the spread of coronavirus too, however, some amendments to make the procedure suited to the needs of the present times.

The central government amended the 123-year-old Epidemic Disease Act, 1897 to include provisions relating to the safety of the health care workers. The government had brought the ordinance on April 22 to amend the Epidemic Diseases Act, 1897, to make incidents of violence on health workers treating COVID-19 patients a non-bailable offence, with provisions of a penalty and a jail term of up to seven years.

The bill intends to ensure that during any situation akin to the current pandemic, there is zero-tolerance to any form of violence against healthcare personnel and damage to property.

Under the proposed act, the commission or abetment of such violence will be punishable with imprisonment for a term of three months to five years and with a fine of Rs 50,000 to Rs 2,00,000.

In case of causing grievous hurt, the imprisonment shall be for a term of six months to seven years and with a fine of Rs 1-5 lakh.^[1]

The amendments are a welcome move, especially in the face of a life-threatening epidemic where healthcare workers lay vulnerable to the infection. This was also a crucial move in the face of the rising crimes of violence on health professionals.

In this article, we shall discuss in detail the background, provisions and amendments bought to the bill and the various steps taken by India and the other countries to control the spread of coronavirus.

Epidemic Disease Act, 1897

In the face of the rising cases of COVID-19, the states have invoked sec 2 of the Epidemic Disease Act, 1897 to enable themselves to enforce the directives and advisories. The state is already in a battle mode in their fight against the disease; with the enforcement of this act, the transmission of the virus can be controlled, as this colonial-era act enables the state government to take special measures.

Under this act, temporary provisions or regulations can be imposed to tackle the spread of the virus.

The act contains four provisions, they are:

1. SECTION 1: Describes the title and extent of this Act. This Act extends to the whole of India.
2. SECTION 2: Powers to take special measures:
   •  It empowers the state government to take special measures and frame special regulations to tackle the outbreak.
   • The state may prescribe regulation for the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation of persons suspected by the inspecting officers to be infected.
3. SECTION 2A: Empowers the central government to take measures to prevent the spread of the disease.
   • Although health is a state subject, by invoking sec  2 of this Act, advisories and directions of the Ministry of Health will be enforceable.
   • It allows the government to inspect any ship arriving or departing the port. It also gives the government the power to detain any person set upon or arriving in the country.
4. SECTION 3: Penalty for disobedience:
   • The penalties for disobeying any regulation or order under this act are per sec 188 of the Indian Penal Code (disobedience to order duly promulgated by a public servant)
5. SECTION 4: Legal Protection to Implementing Officers:
   • It gives legal protection to the officers implementing this act.

Section 188 of IPC

188. Disobedience to order duly promulgated by the public servant.—Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.—The offender doesn’t need to intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

Illustration

An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order and thereby causes danger of riot. A has committed the offence to define in this section. ^[2]

Amendments to the Act

Recently the parliament amended the act through an ordinance stating that the commission or abetment to commit violence against healthcare personnel shall be penalised with a fine ranging from 50000 to 2 lakhs and imprisonment for 3 months to 5 years. In case of grievous injury, the imprisonment can be extended to six months to seven years.

The amendment was needed in the face of the rising cases of violence against healthcare personnel, especially in the pandemic. In various parts of the country, shameful reports of attacks on healthcare personnel surfaced in the news. Healthcare personnel are primarily being attacked as the common people view them as the carrier of the virus, a myth that is far from reality.

Healthcare personnel have proved to be the real asset of the nation in this time of difficulty. On a battleground of the anonymous enemy, it is the services provided by the health care personnel that has kept us on the surface. Hence, safeguarding those who guard us against a seat virus is the essential priority Of the state.

Enforcement of the Act in the Recent Past

This is not the first time this act has been enforced. This act was enforced during the 2008 swine flu outbreak in Pune, where section 2 of the act was used to open screening centres in hospitals across the screen. Swine flu was declared a notifiable disease.

In 2015 due to the outbreak of malaria and dengue, this act was enforced in Chandigarh. The officers were instructed to collect rs 500 as challan from violators of the law.

In 2018, the district collector of Vadodara issued a notification under this act as 31 people from Khedkharmasiya village were affected by cholera.

Conclusion

The Epidemic Disease Act was a helping tool for the legislation to regulate the ruckus created by a coronavirus. This act ensured safety for the citizens by ensuring that everyone abided by the rules enforced to prevent the spread of disease. The amendments brought to the act were a welcome move as it was a concrete step in ensuring the safety and dignity of the health professionals.

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References:

^[1] Staff Reporter,Parliament proceedings | Lok Sabha passes Epidemic Diseases (Amendment) Bill, Hindu (last updated 22 SEPTEMBER 2020 00:54 IST) https://www.thehindu.com/news/national/parliament-proceedings-lok-sabha-passes-epidemic-diseases-amendment-bill/article32664074.ece/amp/

^[2] S. 188, The Indian Penal Code, 1860