(PART-A)

Q.1 (A) The most important fact is that Molly while talking to Dilbert got distracted and lost her
attentiveness towards Rhonda, and she started wandering on the road. Dilbert managed to save
Rhonda from the car which was within the speed limit, but he got collided to Bob’s van and
seriously injured.

(B) Other important information is Laura was driving at speed behind Bob, puts her foot down
hard on the brakes. Laura’s car skids on an oil slick and crashes into a tree.

(C) The set of facts on the basis of which I will give my judgment:-

1. Molly distracted by Dilbert, which lead to Rhonda wandering on the road and Dilbert
getting hurt.
2. Bob was driving the van within the speed limit and with proper safety.
3. Laura was at speed and applied break immediately, but her car got skid on the oil slick
and crashed into the tree.

Molly will be held liable for the negligence as she was on a duty of care towards Rhonda.

Q.2 The basic components of Case Brief are:-

1. Facts
2. Contentions raised by both the parties.
3. Issues
4. Decision
5. Reasoning
 (PART-B)

Q.3 Benefits of written contract:-

1. Proof of agreement between the parties- This is the main reason why written
contract is essential. It mainly serves as a proof of details on which both the parties
have mutually agreed upon. It is a legal proof.
2. To prevent misunderstanding in the future- The main purpose of a written contract
to give each party a chance to read and understand the terms and condition of the
contract so that there is no misunderstanding or ambiguity related to the terms and
conditions.
3. To develop trust and provide security- A written contract can build trusts; provide
security and peace of mind to all the parties involved in the contract. It gives
protection to the parties when the agreed terms and conditions are not fulfilled or
breached by the other party.
4. To receive guaranteed confidentiality- A written contract also gives guaranteed
confidentiality and prevent disclosure of sensitive information. Parties to the
agreement are legally bound to hold secrecy about the transactions involved and
information shared among them, any party who violates this confidentiality will be
held liable under the agreement.
5. To avoid litigation proceedings- A written contract will be used as a reference if any
of the parties break the contract to figure out who is really at fault. It prevents us from
expensive and time consuming litigation proceedings.
6. It works as a guidance- A written contract is used as a guidance on the level of
authority given to owners or managers in a business, completion date of any work
mentioned in the contract, payment, or simply stating the terms on who and when to
terminate the contract.
7. It reduces the risk of disputes- A written contract reduces the risk of disputes
between the parties as the contract contains all the details related to payments, time
frames within which the work need to be performed under the contract.
8. It sets out how the contract can be varied- A written contract provides guidelines to
vary a contract. On which condition the contract can be varied. The contract contains
all the guidelines which are to be followed by the parties.
9. It gives clarity and reduces risk- By making sure that all parties agree on the terms
of the contract the company reduces risk and minimize their liability. It provides
clarity for the parties on the purpose of the contract and thus reduces confusion and
increase focus.
10. It specifies how either of the parties can end the contract- It specifies how either
of the parties can end the contract before the work is completed. If either of the party
ends a contract they might have to pay compensation or whatever is agreed by both
the parties.
 (PART-C)

EPIDEMIC ACT OF 1897: A NEED FOR AMENDMENT?

Deepali Mahawar
(B.B.A. LL.B – 4TH YEAR, BVDU)

Abstract

Currently, in India there has been a huge impact of COVID-19 all over the country.
Large number of people has lost their lives, not only the carriers but certain doctors
have also lost their lives as it is a dangerous communicable disease. Epidemic Act of
1897 is one of the shortest Acts and can only deal with limited circumstances. The Act
lacks in accordance with the  current scenario because it is outdated, and has not been
regulated from a quite long time and it also lacks attention of the citizens of India. 
Several Medical Workers as well as soldiers are facing violence in our country; they
are the one who are working on a daily basis with a great risk to ensure the safety of
the country and for the well being of the citizens of the country. This paper mainly talks
about why there is an urgent need for the amendment of this particular Act and why
there is a need for separate and stringent provision for the same.

Introduction-

In this period of COVID-19 pandemic, which has imposed certain restrictions on the lifestyles of
people, Indian Government has taken certain steps and measures to avoid mass spread of the
dangerous epidemic disease. The definition or description of a “dangerous epidemic disease” is
not provided in the Act. It is essential to know who decides on what a “dangerously epidemic
disease” is and what criteria the definition is based on, if we are to prevent misuse of the Act and
also for transparency.1

This Act came into force due to the spread of bubonic plague in Mumbai which was spread
through rats, and killed hundreds of people every week.2 Indian Government is using this Act as
a weapon to fight against the virus. It gives limited power to the Central Government. States

1
Rakesh PS, “The Epidemic Diseases Act of 1897: public health relevance in the current scenario”, Indian Journal
of Medical Ethics.
2
Ankoosh Mehta, “Epidemic Diseases Act 1897- Dusting an Old Cloak”, A Cyril Amarchand Mangaldas Blog.
follow certain guidelines imposed by the Central Government and passes regulation keeping in
mind the present situation of the state respectively. These regulations can force employees to
shut all the construction, industries, factories, bazaars, clubs and restaurants.

The meaning of Epidemic is “affecting or tending to affect a disproportionately large number of

individuals within a population, community, or region at the same time.” 3 It is also defined as
“an outbreak of disease that spreads quickly and affects many individuals at the same time.” 4
In this current situation of COVID-19 pandemic, there have been instances where the medical
service providers, member of healthcare services are been targeted and attacked by some
reprobates obstructing them for doing their duties. These people who are working hard to save
humans life are the most vulnerable victims of this disease as they are been surrounded by
carriers of this virus. This unwanted violence and obstructions hampered them from
performing their duty. So, there is a need to amend the current Epidemic Disease Act, 1897.
The provisions contained in these acts are not sufficient to deter mischief of the miscreants.

Short Description of the Act-

The current Epidemic Diseases Act was passed in 1897 which consists of only four sections in
total and is among the shortest in India. The main purpose behind the enactment of this act was
to prevent the spread of dangerous epidemic diseases. The act empowers the Central and the
State Government to take action against the spread of such diseases and to implement measures
necessary to control the spread of the diseases.

The first section states the title and the extent of the act, while the second gives power to the
State as well as Central Governments to take measures like the inspection of persons travelling
by railway or by any other mode of transportation and segregate the suspected who are being
suspected of such disease in hospital or in a temporary accommodation. The third section
denotes penalties for disobeying any order or regulations made under this Act shall be punishable
in accordance with Section 188 of the Indian Penal Code, 1860. The fourth section talks about
the protection of the service providers and public servants.

3
https://www.merriam-webster.com/dictionary/epidemic.
4
Ibid.
 Why is there a need for amendment?

Sec. 188, IPC imposes punishment, one for disobedience which tends to cause risk or
obstruction, annoyance or injury to any persons lawfully employed, and the other for
disobedience which tends to cause danger to human life health or safety, etc. The punishment for
the former is limited to simple imprisonment for one month or Rs. 200 fine, or both. The
punishment for the other may extend to rigorous imprisonment for six months, or Rs. 1,000 fine,
or both.5

The question here arises is that whether these provisions are sufficient in the present situation of
the country? This Act lacks in accordance with the present day scenario in the country. The
health workers and soldiers are battling and putting their own life at risk and ensure safety in the
society. There should be zero tolerance of violence in any form against the heath workers and
soldiers. They should be encouraged and motivated for what they are doing and should not face
violence. Some incidents of violence have taken place and videos of it got viral which has
demoralized the medical fraternity. It felt the need for the separate and stringent provisions
against the offenders to any such incident of violence.

Many health workers have lost their lives due to this virus. Government should provide a certain
amount of compensation to these public servants who are working day and night for the safety of
the country. Such amendments should take place in the present Epidemic Diseases Act, 1897.

The Central Government has taken the ordinance to amend the Act. Also, on April 22 nd, the
Union Cabinet has approved promulgation of an Ordinance to amend the Epidemic Diseases Act,
1897 in the light of the pandemic situation of COVID-19 to protect medical workers and their
property including the living as well as working premises. The President of India has also given
his assent for the same.

Contents of this Ordinance-

(i) It provides for making acts of violence cognizable and non-bailable offences.

5
Emperor vs. Madhub Chandra Raj and others, (1906) 4 Cri LJ 479.
 (ii) If anyone commits or abets such acts of violence shall be punished with
imprisonment for a term of three months to five years, with fine of Rs. 50,000/- to
Rs. 2,00,000/-.
(iii) If anyone causes grievous hurt to the health workers he/she shall be punished with
imprisonment for a term of six months to seven years and with fine of Rs. 1,00,000/-
to Rs. 5,00,000/-.
(iv) Offender shall also be held liable to pay compensation to the victim and twice the
fair market value of the property.
(v) Offences will be investigated by an officer of the rank of Inspector within a period of
30 days, and trial to be completed within 1 year, unless extended by the court and the
reasons to be recorded in writing.6

Conclusion

The Epidemic Diseases Act, 1897 is an Act, which is more than a century old and it is found to
be limited in the modern-day realities. The Indian Government needs to take steps to regulate the
spread of the disease considering the current situation within the country. The changes would
safe guard the life of the health workers, so that they would be able to serve the country without
any gear. There is an urgent need to strengthen the provisions to prevent and control the spread
and existence of the communicable disease in India. There is a need for integrated,
comprehensive, actionable and relevant legal provisions to control the current scenario in India
which should be rights-based, public-health oriented and public-focused.

6
https://pib.gov.in/newsite/PrintRelease.aspx?relid=202493.