Epidemic disease act & COVID 19

An overview of Epidemic Disease Act and COVID-19 situation

1. EPIDEMIC DIESASE ACT 1897 HISTORY: It was first enacted to tackle bubonic plague in mumbai (formerly bombay ) in former  british india . L aw is meant for containment of epidemics by providing special powers that are required for the implementation of containment measures to control the spread of the disease. M/s. Giridhar& Sai

2. HISTORY A 123-year-old law, once used to imprison freedom fighters The century old Act over the years has accumulated quite a number of flaws which can be attributed to the changing priorities in public health emergency management. Epidemic Act 1897 is silent on the definition of dangerous epidemic disease. Moreover, it being a century old act, the territorial boundaries of the act needs a relook . The law is one of India’s last colonial-era legislations M/s. Giridhar& Sai

3. BILL Union government drafted a Public Health (Prevention, Control and Management of Epidemics, Bio-Terrorism and Disasters) Bill had been drafted in 2017, intended to replace the Epidemic Diseases Act of 1897. The Bill has yet to be tabled in Parliament.  M/s. Giridhar& Sai

4. DEFICIENT FOR THREE KEY REASONS   The law fails to define “dangerous”, “infectious”, or “contagious diseases”, let alone an “ epidemic”. The law is silent on the steps to categorise an epidemic as “dangerous ”. N o provisions on the sequestering and the sequencing required for dissemination of drugs/vaccines, and the quarantine measures and other preventive steps that need to be taken. T here is no underlying delineation of the fundamental principles of human rights that need to be observed during the implementation of emergency measures in an epidemic.    M/s. Giridhar& Sai

5. SCOPE OF MISUSE While it helps contain epidemics, the Act can also be misused . In 1897, for instance, freedom fighter Bal Gangadhar Tilak was imprisoned for 18 months under this Act for his newspaper  Kesari ‘s anti-establishment coverage of the plague. M/s. Giridhar& Sai

6. EXPLAINATION OF ACT This is law enable states to ban public gatherings, ask schools and large institutions to stop functioning, and issue advisories to companies to explore work-from-home models. It also gives the state a right to penalise media organisations spreading misinformation. M/s. Giridhar& Sai

7. INVOKE OF LAW In 2009, to tackle the swine flu outbreak in Pune, Section 2 powers were used to open screening centres in civic hospitals across the city, and swine flu was declared a notifiable disease . In 2015, to deal with malaria and dengue in  Chandigarh, the Act was implemented and controlling officers were instructed to ensure the issuance of notices and challans of Rs 500 to offenders . The  law was last used  in 2018 to prevent the spread of cholera in a Gujarat village. In 2020, to deal novel covid -19 as announced as pandemic disease and Govt. invoke the epidemic disease act. M/s. Giridhar& Sai

8. STATE AND THEIR ACTS T here have been attempts to draft statutes predicated on community health such as the Model Public Health Act of 1955 updated in 1987. The Union government, however, has been unable to convince states to adopt the law since health is a State subject .  Many Indian states have had their own epidemic disease acts since the colonial era, like the Madras Public Health act of 1939 and the Malabar Public Health Act of 1939. More recently, states like Karnataka and Gujarat have drafted their own public health legislations M/s. Giridhar& Sai

9. Four section in one page might be insufficient to deal with on going pandemic of Covid -19, an infectious disease caused by the novel corona virus (or) SARS – CO-v-2 EDA M/s. Giridhar& Sai

10. PROVISION OF LAW M/s. Giridhar& Sai

11. PROVISION OF LAW 2. Power to take special measures and prescribe regulations as to dangerous epidemic disease . — ( 1) When at any time the [State Government] is satisfied that [the State] or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the [State Government], if [it] thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as [it ] shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed. M/s. Giridhar& Sai

12. Section 2(b) (2) In particular and without prejudice to the generality of the foregoing provisions, the [State Government] may take measures and prescribe regulations for— (b ) the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease. M/s. Giridhar& Sai

13. Amendment 2A . Powers of Central Government.—When the Central Government is satisfied that India or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease and that the ordinary provisions of the law for the time being in force are insufficient to prevent the outbreak of such disease or the spread thereof, the Central Government may take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port in [the territories to which this Act extends] and for such detention thereof, or of any person intending to sail therein, or arriving thereby, as may be necessary.] M/s. Giridhar& Sai

14. Penalty Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code (45 of 1860). M/s. Giridhar& Sai

15. Protection to persons acting under Act No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act. M/s. Giridhar& Sai

16. INDIAN PENAL CODE SECTION 188: Disobedience to order duly promulgated by public servan t. 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 , Punishment: P unished 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. M/s. Giridhar& Sai

17. INDIAN PENAL CODE Explanation : It is not necessary that the offender should 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 defined in this section. M/s. Giridhar& Sai

18. SECTION 144 OF CRPC It was enacted in 1973 . It is imposed in a given region in emergency situations or cases of nuisance or perceived danger of some event that has the potential to damage human lives or property or create a troubling situation . It restricts on handling or transporting any kind of weapon in the given jurisdiction where it has been imposed. In case of any violation, people doing it in any form can be detained. Such an act can provide a punishment of three years. Duration – as per the rules two months For preventing danger to human life, health or safety or from any riot or from an affray, the state government can take decision if necessary and according to the situation choose to extend the validity for two more months with the maximum validity extendable to six months. When the situation becomes normal it can be withdrawn. M/s. Giridhar& Sai

19. SECTION 144 continue It generally prohibits public gathering. The principles that must be borne in mind before the application of this section has also been elaborated upon in the case of  Manzur Hasan v Muhammad Zaman  and approved in the case of  Shaik Piru Bux v Kalandi Pati . They are: 1. Urgency of the situation and the power is to be used for maintaining public peace and tranquility 2. Private rights may be temporarily overridden when there is a conflict between public interest and private rights 3. Questions of title to properties or entitlements to rights or disputes of civil nature are not open for adjudication in a proceeding under section 144. 4. Where those questions have already been decided by the civil courts or by judicial pronouncements, the Magistrate should exercise their power under section 144 in aid of those rights and against those who interfere with the lawful exercise thereof. 5. The consideration should not be that restriction would affect only a minor section of the community rather that a large section more vociferous and militant. M/s. Giridhar& Sai

20. Difference between section 188 of IPC and Section 144 CRPC Case Law: Pradip Chowdhury vs The State on 22 April, 1959 The contention is that mere disobedience of an order promulgated Under Section 144, Cr. P.C. ode will not be an offence Under Section 188, Indian Penal Code unless the prosecution further proves that as a result of the disobedience there was an obstruction, annoyance or injury, caused or the disobedience tends to cause such obstruction or annoyance. Unless the consequence of the act of disobedience is proved, a person cannot be convicted Under Section 188, Indian Penal Code. No objection can be taken to this proposition of law. The words of Section 188, Indian Penal Code are clear enough to point out that mere disobedience is not an offence Under  Section 188, Indian Penal Code.  M/s. Giridhar& Sai

21. IMPLENTATION OF THE ACT This epidemic disease act implemented through ministry of health and family welfare Department. Recent G.O.(Ms). No.97 passed by health and family welfare department. M/s. Giridhar& Sai

22. Organisation structure Structure: Hon’ble Health Minister Secretary Health and Family welfare department Directorate Society/ Corporation Administration M/s. Giridhar& Sai

23. Structure of Organisation… Administration Special Secretary IAS Deputy Secretary (General) Deputy Secretary (OP) Deputy Secretary (Budget) Deputy Secretary (ME) M/s. Giridhar& Sai

24. CURFEW C urfew is a strict order issued by the administration to keeps people off the streets During the curfew, all the essential services and markets are closed for a specific period of time. It imposed for a set number of hours.   Essential services such as markets, schools, colleges, and banks remain locked . curfew is imposed frequently while lockdown is declared in very rare circumstances, as in the outbreak of COVID-19 . M/s. Giridhar& Sai

25.   Disaster Management Act of 2005 This is evident from the définition of “Disaster” in Section 2-(d) of the said Act: “(d) “disaster” means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man-made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environ ment , and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area.” M/s. Giridhar& Sai

26. Disaster Management Act of 2005 Section 6 (2) I and Section 10 (2) I, are both supplemental sections to the substantive provisions of this Act. Further, Sections 6 (1) & (2) read as follows: Powers and functions of National Authority.—(1) Subject to the provisions of this Act, the National Authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management for ensuring timely and effective response to disaster. (2) Without prejudice to generality of the provisions contained in sub-section (1) and sub section i reads as ( i ) take such other measures for the prevention of disaster, or the mitigation, or preparedness and capacity building for dealing with the threatening disaster situation or disaster as it may consider necessary. M/s. Giridhar& Sai

27. FOREIGN COUNTIRES AND THEIR LAW   Health emergency in pandemic situation. Canada Emergency Act of 1988 and the Emergency Management Act 2007. The Public Health Agency of Canada Act of 2006 and the Quarantine Act of 2005.   Australia National Health Security Act, 2007, The National Security Health Arrangement 2008, the National Health Security Regulations, 2008 England The Public Health (Control of Disease) Act of 1984. United states T he Public Health Services Act 1944 , Defense Production Act 1950 to battle the pandemic. M/s. Giridhar& Sai

28. QUESTIONS 1. Why we chosen the Epidemic disease act instead of several act are available like the Indian Ports Act, as well as the Livestock Importation Act, the Aircraft Rules and Drugs and Cosmetic Act ? 2. Why Disaster management act brought into curfew? 3. What is the different between lockdown and curfew? 4. Whether Right to privacy will effect ? M/s. Giridhar& Sai

29. THANK YOU Be Safe. Stay in Home. Work from home. M/s. Giridhar& Sai