Epidemic Diseases Act , 1897

Introduction:-

The deadly COVID-19 has claimed over 23,372 lives all across the world and is gradually
increasing with each passing day. The World Health Organization has declared COVID-19
outbreak as an pandemic.

The outbreak of COVID-19 has forced the Indian Government to invoke the Epidemic
Diseases Act. It is an 123 year old law which was first introduced at the time of outbreak of
plague at Bombay.

What is Epidemic Diseases Act, 1897?

This colonial-era law was meant to "to provide for the better prevention of the spread of
dangerous epidemic diseases". The Epidemic Diseases Act was introduced by the British to
tackle the epidemic of bubonic plague that broke out in the then state of Bombay. It was
passed in 1897. The then Governor-General of colonial India had conferred special powers
upon the local authorities to implement the measures necessary for the control of epidemics.

The Epidemic Diseases Act is one of the shortest Acts in India, comprising just four sections.
The first section explains the title and the extent, while the second gives powers to the state
and Central governments to take special measures and formulate regulations that are to be
observed by the people to contain the spread of disease. The third section describes penalties
for violating the regulations, in accordance with Section 188 of the Indian Penal Code. The
fourth deals with legal protection to the implementing officers acting under the Act.1

Description of the act:-

Section 1 says that the act may be called as Epidemic Diseases Act, 1897 and it extends to
the whole of India except the territories which immediately before the 1st November, 1956
were comprised in Part B states.

Section 2 states that when 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; and if it thinks
that the ordinary provisions of the law are insufficient for the purpose then the state may take,
or require or empower any person to take some measures and by public notice prescribe such
temporary regulations to be observed by the public. The state government may prescribe
regulations for 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.

Section 2A empowers the central government for inspection of any ship or vessel leaving or
arriving at any port and for detention thereof, or of any person intending to sail therein, or
arriving thereby.

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epidemic diseases act,1897.
Section 3 prescribes penalty for disobeying any regulation or order made under the Act in
accordance with section 188 of the Indian Penal Code. Under this provision, a punishment of
6 months imprisonment or 1,000 rupees fine or both shall be meted out to the person who
disobeys any order under the Act.

Section 4 clearly mentions that 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.

Limitations of this act:-

The Act was formulated about 123 years ago and thus has major limitations in this era of
changing priorities in public health emergency management. The factors leading to the
emergence and spread of communicable diseases have also changed over the years.

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. Apart from the isolation or
quarantine measure the act is mum on the legal framework of availability and distribution of
vaccine and drugs and implementation of response measures.

The punishment for violation of regulations under section 188 of Indian Penal Code also
warrants a revision. Can section 188 IPC guarantee justice to all those who suffered from the
plague epidemic which cost the Indian economy over $600 million and took the toll of
hundreds of lives is a big question, and we certainly have no answers to that.

Although India has a number of legal mechanisms to support public health measures in an
epidemic situation, they are not being addressed under a single legislation. There is an urgent
need to assemble all the provisions in one over-arching public health legislation, so that the
implementation of the responses to an epidemic can be effectively monitored.

Conclusion:-

Thus it is far beyond doubt that this century old Act needs a complete overhaul to cater to the
changing public health priorities. Undeniably, the role of public health specialists in this
regard cannot be ruled out. There is a need for an integrated, comprehensive, actionable and
relevant legal provision for the control of outbreaks in India that should be articulated in a
rights-based, people-focused and public health-oriented manner.