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Epidemic Diseases (Amendment) Ordinance, 2020

Topics Covered: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Epidemic Diseases (Amendment) Ordinance, 2020

What to study?

For Prelims: Key provisions and IPC sections applicable, overview of epidemics act.

For Mains: Need for and significance of this ordinance, challenges ahead.

Context: The Odisha government has promulgated an ordinance to deal with COVID 19 spread by amending Section 3 of the Epidemic Diseases Act, 1897.

 Overview of the Epidemic Diseases (Amendment) Ordinance, 2020:

  1. Anyone who disobeys any regulation or order made under the Act, is liable for imprisonment up to two years or with a fine of up to Rs 10,000 or with both.
  2. All offences under the Act shall be cognisable and bailable.
  3. Any person disobeying any regulation or order made under the 1897 Act was deemed to have committed an offence punishable under Section 188 of the Indian Penal Code (IPC), under Section 3 of the Act.
  4. A provision has also been also made in the Ordinance for special procurement of critical drugs and consumables to manage the novel coronavirus disease (COVID-19) outbreak.

Odisha’s department of health and family welfare has also framed regulations which have two provisions:

  1. Not wearing a mask in public place shall be considered as an offence.
  2. The penalty for the first three instances has been kept at Rs 200 while for offences beyond that, the penalty shall be Rs 500 for each offence in the state.

What is Epidemic Diseases Act of 1897?

It is routinely enforced across the country for dealing with outbreaks of diseases such as swine flu, dengue, and cholera. It was introduced by colonial government to tackle the epidemic of bubonic plague that had spread in the erstwhile Bombay Presidency in the 1890s.

Why was this act criticised?

Historians have criticised the Act for its potential for abuse. Using powers conferred by the Act, colonies authorities would search suspected plague cases in homes and among passengers, with forcible segregations, evacuations, and demolitions of infected places. In 1897, the year the law was enforced, freedom fighter Bal Gangadhar Tilak was punished with 18 months’ rigorous imprisonment after his newspapers Kesari and Mahratta admonished imperial authorities for their handling of the plague epidemic.

Provisions of the 1897 Epidemic Diseases Act:

  1. It empowers state governments/UTs to take special measures and formulate regulations for containing the outbreak.
  2. It also empowers state to 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.
  3. The state may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.
  4. The State Government may take measures and prescribe regulations for 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.
  5. It also provides penalties for disobeying any regulation or order made under the Act. These are according to section 188 of the Indian Penal Code (Disobedience to order duly promulgated by public servant).
  6. It also gives legal protection to the implementing officers acting under the Act.

Examples of implementation:

  1. In 2018, the district collector of Gujarat’s Vadodara issued a notification under the Act declaring the Khedkarmsiya village in Waghodia taluka as cholera-affected after 31 persons complained of symptoms of the disease.
  2. In 2015, to deal with malaria and dengue in Chandigarh, the Act was implemented and controlling officers were instructed to ensure the issuance of notices and challans of Rs 500 to offenders.
  3. In 2009, to tackle the swine flu outbreak in Pune, Section 2 powers were used to open screening centres in civic hospitals across the city, and swine flu was declared a notifiable disease.

Insta Link:

Prelims Link:

  1. Previous examples of implementation of this Act, diseases for which it was declared.
  2. A notifiable disease.
  3. Implementing agency, penalty, protection and inspection of people under the act.
  4. Handling of the plague epidemic by British, criticisms by Tilak through his papers.

Mains Link:

Discuss the key provisions of the 1897 Epidemic Diseases Act.

Sources: Economic Times.