The spread of COVID-19 globally, or new coronaviruses, has led to a rare,
perhaps unprecedented, death of close to 2300 globally. In India, after Janta
Curfew, at least 650 people have been affected by COVID-19Â so far. The novel
coronavirus has challenged the potential of public healthcare systems to the
helve and the World Health Organization on 11, March 2020 declared it an
epidemic.
Simultaneously, in India, a high-level group of ministers reviewed the current
status and took actions to prevent the spread of the virus. As an action on 25
March, they lock down the whole country for 21 days. And he empowered from that
implement the provisions of Section 2 of the Epidemic Diseases Act, 1897, which
issues legally enforceable advice by the Ministry of Health Welfare / State /
UT". Besides, the provisions of the Disaster Management Act, 2005 were callon
this as a disaster.
It is grave to unpack these current legal developments and understand the full
scope of state action to deal with novel coronaviruses.
Interpreting the combined practice of the Epidemic Diseases Act, 1897 and the
Disaster Management Act, 2005.
Through the interpretation of these two acts, we could understand how the
government of the country is able to lock down the whole country, how the
government of different states is to authorize seals their border in an attempt
to suppress the movement of people across the state and restrict the
transmission of COVID-19.
The Epidemic Diseases Act, 1897, is the nodal law concerning 'dangerous epidemic
diseases'.
It sanctions state governments and the central government to embrace any
measures to prevent the outbreak of a dangerous disease if confirmed as an
epidemic.
Section 2A of the Act allows the Central Government to take any measures and
specify rules for any vessel or ship to leave or arrive at any port or to
prevent any person from coming or going on such vessel or ship.Â
Violations of the Epidemic Diseases Act, 1897, invite punishment under Section
188 of the Indian Penal Code.
However, even as the Epidemic Diseases Act, 1897, the Central and State
Governments are empowered, it lacks provisions that enable them to hastily
establish the framework management systems required for a coordinated and
concerted response. It has also been criticized for not moving fast and not for
contemporary health challenges.
Given this, the Government has executed the Disaster Management Act, 2005, as it
provides a complete administrative system for disaster preparedness.
Accordingly, on 11 March the Union Home Secretary, who is the chairman of the
National Executive Committee under the Act, delegated his powers to the
Secretary, Ministry of Health and Welfare.
While emerging these two Acts is innovative, a more comprehensive way to deal
with such situations in the future would be to recreate and strengthen the
Epidemic Diseases Act. For example, an important modification may be to
introduce standards through which 'dangerous pandemic disease' is routinely
defined. Identification would be globally affected by such standardization such
as COVID-19 domestically. This allows for a more topical response, especially
given that it was only on Wednesday that the Indian government identified it as
a dangerous epidemic disease, taking several steps.
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