Thursday 19 March 2020

Bubonic Plague to Coronavirus - Expression of Law

Bubonic Plague to Coronavirus - Expression of Law

Yes, I know, may be title of this article isn't lucid, but believe, since last two week I'm receiving many query of legal expression on epidemic diseases like, Coronavirus (COVID19), swine flu, cholera, malaria, Bubonic Plague, dengue etc.
Bubonic Plague was one it's first kind epidemic diseases, which force British Government to enact a law which shall aid to tackle such epidemic diseases.
To tackle Bubonic Plague at Bombay (now Mumbai), Britisher enacted The Epidemic Diseases Act, 1897. The law is intended for regulation of pandemics by giving special powers that are required for the execution of containment measures to control the spread of the disease.

The Act has been routinely used to contain different infections in India, for example, swine flu, cholera, jungle fever and dengue.
In 2018 the Act was implemented as cholera spread in a locale of Gujarat;
In 2015, it was utilized to manage dengue and intestinal sickness in Chandigarh and
In 2009 it was summoned in Pune to battle Swine flu
Currently the 2019–20 Coronavirus pandemic the Cabinet Secretary of India on 11 March 2020 reported that all states and Union domains ought to summon arrangements of Section 2 of the Epidemic Diseases Act, 1897.

Abstract from Epidemic Diseases Act, 1897 

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.

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 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.



No comments: