Explainer: What is the Epidemic Diseases act of 1897?
Sai Krishna Muthyanolla
March 27, 2020
Before a national lockdown was announced from 25 March 2020, several states announced state level lockdowns using powers in the Epidemic Diseases Act, 1897. But what is this 123-year-old legislation? Here is a detailed explainer.
The spread of COVID-19 is putting to test the healthcare systems of countries across the world as the numberof cases being reported is increasing exponentially. As on 25 March 2020, WHO’s dashboard reveals that 4.16 Lakh confirmed cases from 196nations have been reported since the onset of the disease. It has also resultedin more than 18,500 deaths across the world. Close to 700 cases are reported inIndia as of 26 March 2020. India has also reported 16
deaths till date.
Nationwide lockdown announced by PM on 24 March 2020
for 21 days
Prime Minister Narendra Modi announced a complete lockdown of India for 21 days starting 25 March 2020 as ameasure to contain the spread of the global pandemic. Prior to thisannouncement, different state governments including Delhi, Maharashtra, and Telangana had already announced state-wide regulations for the same reason. Thedecisions taken the state governments is by invoking the British-eralegislation known as The Epidemic Diseases Act, 1897.
123-year-old Epidemic Diseases Act is being used in
India to deal with COVID-19
Epidemic Diseases Act, 1897 was implemented by the British, 123 yearsago, to confront the plague epidemic which had significantly affected Bombay. Thelegislation is a simple two-page document with four sections that came intoeffect on 4 February 1897. The Act has only four sections.
While the first section of the act describes the title and scope, Section2 gives state governments the authority to take adequate measures throughpublic notice and impose temporary regulations on public in order to preventthe outbreak of the epidemic.
By invoking this law, state governments get the authority to inspectpeople and send them in quarantine, if necessary. Multiple states have invokedthis section to come up with their own regulations as listed below.
The Telangana Epidemic Diseases (COVID-19)
Regulations, 2020
Kerala Epidemic Diseases, COVID-19 Regulations, 2020
Delhi Epidemic Diseases (COVID-19) Regulations, 2020
The Maharashtra Epidemic Diseases (COVID-19)
Regulations, 2020
Karnataka Epidemic Diseases (COVID-19) Regulations,
2020
Act gives authority to state and central governments
to inspect & take effective measures to prevent outbreak
Similar powers are also extended to the central government under thislaw. The Central Government can take measures and prescribe regulations to eveninspect people entering the country through the coastal borders. Inspection ofships and vessels in ports across the country and their detention can also beprescribed by the government.
Disobeying government’s orders under this act can lead
to punishment under section 188 of IPC
Section 3 of the Act states that persons violating the orders orregulations issued by centre/ state governments under this act will be bookedunder Section 188 of Indian Penal Code. The violation could lead to a simple imprisonmentwhich may extend up to a month and a penalty of Rs. 200 depending on theintensity of violation. The last section protects those persons/ officialsacting under this law.
The law has been criticized for being ‘draconian’ since it gives the governments exceptional power totake measures by just notifying the public. Further, the law does not definewhat an epidemic disease is. It does not provide any guidelines or protocols tobe followed at the time of an epidemic outbreak. The law is more than a centuryold and does not take into consideration the modern scenarios of urbanization,technology, transportation, etc. all of which might play an important role intackling the situation. The act has no mention of the rights of citizens duringthese times.
COVID-19 is being treated as a disaster by NDMA
All the state level orders made under the 1897 act are now superseded bythe order of the Ministry of Home Affairs (MHA). COVID-19 outbreak hasbeen considered a national disaster as a result of which National Disaster Management Authority (NDMA) has invoked of Disaster Management Act, 2005 (DMA) to order states and union territories directingthem to take lockdown measures. Section 6 of the Act entrusts NDMA with theresponsibility to lay down policies, guidelines, and plans for disastermanagement so as to ensure timely and effective response. These rules are to befollowed at the state level and the national level by all state authorities,ministries and departments.
The DMA came into effect in December 2005, a year after the Tsunami hitthe Indian coasts causing extensive damage. This is the first time that thegovernment is invoking the law to such an extent after its formulation. NDMAhas also ordered state and central governments to take measures ensuring social distancing. Both national and state disaster relief funds can beused for fighting the disease.
India’s draft Public Health Bill introduced in 2017 is
yet to see daylight
A draft public health bill was prepared by the government in 2017 calledthe Public Health (Prevention, Control, and Management of
Epidemics, Bio-terrorism and Disasters) Bill to replace the century old Epidemic Diseases Act. Thegovernment also invited comments & suggestions for this draft public healthbill.  However, the bill has not seen thelight of the day since it is yet to be introduced in the parliament.
What are the various measures taken by the government
to deal with COVID-19?
Travel related action
From screening all international passengers to putting them in quarantine,the governments had taken multiple actions on the travel front. India hadinitially issued travel advisories and put in place visa restrictions. Gradually, as the number of cases increased, Indiabanned all international flights. Domestic air travel has also been stalled forthe moment. Only shipping services continue to be operational. Railways has alsosuspended of passenger train services to curb movement of people.
Telecom related action
The Health Ministry had also directed the Telecommunications Departmentto instruct all major telecom companies to play a 30-second long caller tune regardingpreventive steps for COVID-19.
Online and e-platforms action
Most government websites display a popup showing do’s and don’ts forpeople to follow in the case of COVID-19. Similarly, state governments in theirrespective regulations, have taken measures to arrest the circulation ofmisinformation on social media by making it an offence. Government of India hasalso released fact checks to curb misinformation spreading. The Ministry
of Human Resources and Development has also announced free download of bestsellers to promote reading andbooks during the lockdown period.
Relief fund allocation by Finance Ministry was
announced by Nirmala Sitharaman
Finance Minister Nirmala Sitharaman on 26 March 2020, announced Rs. 1.7 Lakh crore relief package under Pradhan Mantri Garib Kalyan Yojana forthe poor. Through this, the government will be providing an insurance cover ofRs. 50 Lakh for each health worker fighting COVID-19. Further, the governmentwill be providing 5 kilograms of wheat or rice and a kilogram of preferredpulse for free to over 80 crore poor people in the coming three months. Governmenthas also announced that it will be depositing Rs. 500 per month for threemonths in 20 crore women Jan Dhan accounts. In addition to this, the governmenthas decided to raise the daily wage of MGNREGA workers by Rs. 20. During hisaddress to the nation, PM Modi had also announced a Rs. 15,000 crore package tostrengthen healthcare to fight COVID-19.
Detailed guidelines & protocols issued
The Ministry of Health & Family Welfare (MoHFW) has also issued advisories,guidelines, SOP and protocols for home quarantine, testing, sample collection,dead body management etc.
Italy and China both have comprehensive health laws
Healthcare in Italy falls under the purview of National HealthService known as ServizioSanitario Nazionale (SSN). Both central and state governments in Italy have theresponsibility in implementing the service. In Italy, the Consolidated HealthLaws contain specific provisions which cover infectious diseases. Ministry ofHealth issues a list of infectious and communicable diseases on certainconditions. The act lists out reporting at various levels, preventive measuresto be taken, necessary assistance to be given by the government anddisinfection interventions to be taken by the government. Public health emergencies includingepidemics are to be dealt with by government officials at centre, state andmunicipal levels. Ministry of Health upon assessing the situation issues ordinances.
Similarly, in China where the SARS epidemic broke out 2003 and COVID-19 in 2019, the government enacted public health legislation to curb health emergencies. The law was brought in following the SARS outbreak in 2003. As per the current law on prevention and treatment of infectious diseases, diseases are classified into three categories- A, B and C based on the severity of diseases. COVID-19 has been classified as category B. Isolation, medical assistance, provision of daily necessities and medical expenses have all been covered under the law.
Featured Image: Epidemic Diseases Act