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Invoking the Epidemic Disease Ct, 1897 to Combat COVID-19
On 11th March 2020 the Central Government invoked provisions of the Epidemic Disease Act, 1987 and the Disaster Management Act, 2005 in an attempt to combat the spread of novel Coronavirus (COVID-19) in India. The Epidemic Act, which was used to tackle the Bubonic Plague in 1897, empowers the government to impose its provisions if it has probable reason to believe that ordinary laws in force at the time are insufficient to contain the spread of an epidemic[1]. The two acts were invoked to provide a backbone to the nationwide lockdown announced by Prime Minister Narendra Modi in his 24th address which has led to chaos in the lives of daily wage laborers and migrant workers who were caught off guard by the announcement. However, the lockdown was in line with the measures advised by the World Health Organisation and the Union Cabinet Secretary urged all States and Union Territories in the country to abide by the provisions of Section 2 of the Act.
Section 2 of the Epidemic Disease Act, 1897 reads “When at any time the State Government is satisfied that the State is visited by, or threatened with, an outbreak of any dangerous epidemic disease, and if it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take 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[2]” and in the past it has been used to combat the spread of malaria, cholera and dengue[3]. Section 2, in simple words, allows the Central as well as State Governments to make any necessary provisions to prevent the spread of a dangerous disease and to detain people or vessels that arrive from international shores which pose a threat to spread such disease in the country[4]. Section 3 of the Act allows the government to fine or imprison any person who violates the rules and regulations laid down in order to contain the outbreak and any official who, acting in his official capacity, does fines or imprisons such a person will be safeguarded. However, Section 4 of the Act protects acts done in good faith and prohibits the filing of suits or institution of legal proceedings against a person who does an act without malicious intent. The invocation of this Act is seen as an important step to combat the spread of coronavirus, as the number of cases in India crosses 3000, as in addition to penalizing persons who violate the rules, it allows the government to restrict the movement of suspected COVID-19 infected patients to prevent further spread.
However, while considering the provisions of the Act with respect to measures to curb the spread of COVID-19, it is also important to keep in mind that Section 2 and 3 of the Act equips the government with unlimited power to handle epidemics and this power is liable to be misused. The Act has not undergone the test of constitutionality and the fact still remains that it is a colonial legislation and hence pre-constitutional in nature[5] and this is an important element to contemplate especially keeping in mind the effect of the lockdown on marginalized sections of society. As of now though, there is no end in sight to the pandemic and hence, the lockdown has been viewed as a positive and the only effective step to curb the spread of COVID-19.
[1] Prathma Sharma, Epidemic Act: What the 123-year-old law means in times of COVID-19, Livemint, (March 20, 2020, 5:34 PM), https://www.livemint.com/news/india/epidemic-act-what-the-123-year-old-law-means-in-times-of-covid-19-11584702061102.html.
[2] The Epidemic Diseases Act, 1897, No. 3, Acts of Parliament, 1897.
[3] ET Online, The 123-year-old law that India may invoke to counter Coronavirus, The Economic Times, (March 12, 2020, 5:53 PM), https://economictimes.indiatimes.com/news/politics-and-nation/the-123-year-old-law-that-india-may-invoke-as-more-and-more-coronavirus-cases-emerge/articleshow/74593639.cms?from=mdr.
[4] Prashasti Awasthi, Centre invokes ‘Epidemic Act’ and ‘Disaster Management Act’ to prevent spread of Coronavirus, The Hindu Business Online, (March 12, 2020, 4:48 PM), https://www.thehindubusinessline.com/news/national/centre-invokes-epidemic-act-and-disaster-management-act-to-prevent-spread-of-coronavirus/article31049161.ece#.
[5] Rithvik Jha, The Coronavirus Pandemic & The Epidemic Disease Act, 1987, Libertatem, (March 31, 2020, 2:46 PM), http://libertatem.in/articles/the-coronavirus-pandemic-the-epidemic-disease-act-1897/.
- Epidemic Disease Act, 1897
- COVID-19
- Constitutionality of the Epidemic Act
