COVID 19 - NEED TO KNOW ITS INDIAN  LEGAL OUTLOOK

World Health Organization (WHO) declared the Novel Corona Virus (COVID 19) as ‘Pandemic’ for the whole world. Thousands of people have been died due to the infection of this new disease which is spreading speedily among the people of all over the world. Around 159 countries have affected from this COVID 19 till now, which has led to countries putting a ban on travel & mass-gathering. 

In this baulk, Our India is also worried about this fast spreading of COVID 19 & our Central & State Governments are full-on work to perform their duties well in this regard which is highly appreciable. And our responsibilities are also more expected as a citizen of India to maintain the guidelines issued by the Government. 

So, I appeal you all to co-operate with the Government & to prevent before getting it bad to the worst.  

One of India’s primary weapons against the Covid-19 pandemic is 123-year-old colonial legislation, once used to imprison freedom fighters. The Epidemic Diseases Act of 1897 gives special powers to state governments. India’s Narendra Modi government has already advised states to use it to make their coronavirus advisories more stringent.

This law enables :

·         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 penalize media organizations spreading misinformation.

·      It also allows the Central Government to “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).”

Its Enforcement in India :

·         The law was last used in 2018 to prevent the spread of cholera in a Gujarat village.

·         It has also been invoked in cases of dengue and malaria in 2015 in Chandigarh. And

·         H1N1 influenza in 2009 in Pune.

The Epidemic Diseases Act was enacted on Feb. 4, 1897 -

·              To stop the spread of the ‘bubonic plague outbreak’ in ‘Bombay’ state in ‘Former British India’.

    

           It gave the British government in India powers to restrict people from gathering in large numbers.

     

Object of the Act :

The legislation simply states its objective as “better prevention of the spread of the dangerous epidemic disease.”

Misuse of the Act :

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, according to The Indian Express newspaper.

In a 2013 paper, medical scholars Binod K Patro, Jaya Prasad Tripathy, and Rashmi Kashyap questioned the efficacy of the Act, given its vague language and non-specific definitions.

The scholars also pointed to a contemporary law like the National Disaster Management Act, 2005 (NDMA) as being more valid and purposeful. “The lawmakers can draw a leaf out of the NDMA as it clearly defines all the terms and has an explicit description of all the implementing measures and agencies to be instituted in the event of any emergency,” they wrote.

---

Now, we discuss about :

THE EPIDEMIC DISEASES ACT, 1897

Section 1 : Short title and extent –

(1) This Act may be called the Epidemic Diseases Act, 1897.

(2) It extends to the whole of India except [the territories which, immediately before the 1^st November, 1956, were comprised in Part B States]

Section 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.

(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.

Section 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.]

Section 3 : 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).

-------------------------------------------------------------------------

Section 188 in The Indian Penal Code :

Disobedience to order duly promulgated by the public servant –

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, be punished 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.

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.

---------------------------------------------------------------------------

Section 4 : 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.

---

Hope, you will all be aware of this Pandemic and be safe and cautious from COVID 19. 

So, Let’s pray with humanity to save the world from this disaster.

GOD BLESS YOU ALL & STAY HEALTHY.

www.lawguruashugupta.in

www.youtube.com/c/LAWGURUAshuGupta