Syllabus
GS Paper 2 – Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources.
Context
The 286th Law Commission Report recently suggested the formulation of an epidemic plan and a Standard Operating Procedure (SOP) to tackle future epidemic situations.
Understanding Epidemics
An epidemic is characterized by the swift proliferation of an infectious disease among a substantial number of individuals within a specific demographic, community, or area. It signifies the emergence of cases of a certain disease in a population or geographical region that surpasses the usual expectancy.
Epidemics can be triggered by various pathogens, including viruses and bacteria, and may lead to a marked rise in sickness and death rates. While an epidemic may be confined to a particular region, it has the potential to extend across nations and continents, escalating into a pandemic.
Colonial Introduction of Epidemic Diseases Act (EDA), 1897
- The Act was introduced by the colonial government to combat the bubonic plague epidemic that had spread in the erstwhile Bombay Presidency in the 1890s.
- The colonial authorities would conduct searches for suspected plague cases in homes and among passengers, leading to forcible segregations, evacuations, and demolitions of infected places.
Key Provisions of the Act
- Aim: The Act aims to provide measures for the better prevention of the spread of dangerous epidemic diseases.
- Empowerment of State Government and UTs: State Governments and Union Territories are empowered to take special measures and formulate regulations to prevent or control the spread of any dangerous epidemic disease in their jurisdiction.
- Measures and Regulations: These may include quarantine, isolation, lockdown, travel restrictions, testing, vaccination, and other public health interventions.
- Authority to Take Measures: The State Government may also delegate their powers to any person or authority as they deem fit.
- Temporary Regulations: The State Government can prescribe temporary regulations to be observed by the public or any person or class of persons to prevent the outbreak or spread of the disease.
- Determination of Expenses: The State Government has the authority to determine how the expenses incurred, including compensation if any, shall be defrayed.
- Specific Measures: The State Government, without prejudice to the generality of the provisions, may take measures and prescribe regulations for various aspects, including the inspection of persons traveling, segregation of persons suspected to be infected, and other preventive measures.
- Penalty: The penalties are in accordance with Section 188 of the Indian Penal Code, which deals with disobedience to orders duly promulgated by a public servant.
- Legal Protection: Persons acting in good faith under the authority of the Act are protected from legal consequences.
Epidemic Disease (Amendment) Act 2020
- Healthcare Service Personnel: They are persons who are at risk of contracting the epidemic disease while carrying out duties related to the epidemic.
- Act of Violence: It includes any of the following acts committed against healthcare service personnel: harassment impacting living or working conditions, harm, injury, hurt, or danger to life, obstruction in discharge of duties, and loss or damage to the property or documents of the healthcare service personnel.
- Protection for Healthcare Personnel and Damage to Property: It specifies that no person can commit or abet the commission of an act of violence against healthcare service personnel, or abet or cause damage or loss to any property during an epidemic.
- Penalty: It is punishable with imprisonment between 3 months and 5 years, and fine between Rs 50,000 and 2 lakh rupees.
- Compensation: Persons convicted of offences under the Bill will also be liable to pay compensation to the healthcare service personnel whom they have hurt.
- Investigation: The cases registered under the Act will be investigated by a police officer, not below the rank of Inspector and the investigation must be completed within 30 days from the date of registration of the First Information Report.
- Power of Central Government: The Act expands the powers of the central government to regulate the inspection of any bus, train, goods vehicle, ship, vessel, or aircraft leaving or arriving at any land port, port, or aerodrome.
Limitations
- Coordination Challenges: There is a lack of clear demarcation between the powers of the Centre, state, and local authorities during an epidemic. This often leads to uncoordinated responses.
- Outdated Legislation: The management, control, and prevention of epidemic diseases cannot be effectively addressed by a law that is over a century old.
- Inadequacy of the Law: The Act was not designed to combat the modern issues associated with the spread of infectious diseases.
- Impact of Globalisation: The advent of globalisation and increased connectivity can result in infectious diseases rapidly escalating into epidemics or even pandemics.
- Post Covid-19 Law Commission Review: In the aftermath of Covid-19, the Law Commission decided to suo motto examine the existing legal framework. The aim was to address what it identified as “significant deficiencies” in tackling the containment and management of future epidemics in the country.
Recommendations
- Recommended Amendments: The report identifies the limitations of the Epidemic Diseases Act (EDA) and recommends amendments or the introduction of a new law to address modern challenges in managing infectious diseases.
- Creation of an Epidemic Plan: The report aims to clearly demarcate the powers and obligations of different levels of government to ensure a coordinated response during public health emergencies.
- Authority to Create an Epidemic Plan: The Central government is recommended to take the lead in creating the Epidemic Plan in collaboration with state governments, relevant ministries, private health institutions, expert bodies, and other stakeholders.
- Preventive Measures: The Standard Operating Procedure defines three stages of the spread of infectious diseases and corresponding responses.
- Outbreaks in the State: States are empowered to take preventive measures in line with the Epidemic Plan at a local level.
- Inter-State Spread: The Central government can frame regulations based on the Epidemic Plan, and states should follow these regulations.
- Extreme Threat: If states are unable to contain the infection and conflicting guidelines exist, the Central government can impose uniform measures, potentially involving a central agency.
- Coverage of the Epidemic Plan: The Epidemic Plan should cover various aspects, including quarantine, isolation, lockdowns, privacy-friendly disease surveillance, regulation of medical supplies, information dissemination, medical testing, research for vaccinations and medicines, and safe disposal of infectious waste.
- Regular Updates: The report suggests provisions in the EDA to ensure the Epidemic Plan is prepared, enforced, and regularly revised.
The Epidemic Diseases Act, despite its historical significance, needs modernization to address current challenges. The 286th Law Commission Report recommends an Epidemic Plan and Standard Operating Procedure, with clear demarcation of powers and regular updates. This forward-looking approach, encompassing preventive measures and coordination between different levels of government, is crucial for effective epidemic management in the future.
Source: Indian Express
Practice Question
Discuss the deficiencies in the Epidemic Diseases Act, 1897 in the context of modern challenges in managing infectious diseases. Suggest measures for its improvement in light of the recent recommendations by the 286th Law Commission Report. (250 words)