Amendment in Epidemic Disease Act 1897

A very big event from colonial India seems to be the 1896 bubonic plague epidemic in Bombay (now Mumbai) that occurred on September 11 of that year and progressively extended to most parts of the region. Panic and scapegoating characterised the societal response, as they had in previous outbreaks, while severe actions controlled the official response. Queen Victoria presented to both houses of the British Parliament on January 19, 1897, nearly four months after the plague was discovered in Bombay. She stated that she had commanded [her] Government using the most drastic measures within their command to eradicate the disease.

The Following is a Description of the 1897 Epidemic Diseases Act

In 1897, Congress approved the Epidemic Diseases Act, which aimed to limit severe epidemic diseases better. It arose in response to a bubonic plague epidemic that erupted in the then-Bombay State at the same time. The Governor-General of colonial India gave local authorities particular authority to put the measures needed to combat epidemics. 

The bubonic plague epidemic of 1897 is one of India’s shortest statutes, with only four sections. The first section outlines the title and scope. In contrast, the second empowers state and federal governments to take exceptional measures and issue laws that the public must follow to prevent the disease from spreading. In line with Section 188 of the Indian Penal Code, the third section describes the effects of breaching the restrictions. The fourth section is about legal protection for the Act’s administering Officers. This Act has only four sections and is likely the shortest in India. The State Government does have some powers under Section 2 of this Act, or the Central Government does have some powers under Section 2 (A) to enact this Act to manage an epidemic.

The Epidemic Diseases Act of 1897, Section 2 (A)

It suggests that when the Central Government determines why an epidemic has spread or is capable of spreading in India or even any part of it, and also that the ordinary parts of the law currently in force seem to be insufficient to overcome the outbreak as well as disperse of such disease, the Central Government may take drastic steps, which also include:

• Any ship and vessel leaving and entering any port in the country are subject to inspection.
• To detain, as needed, any person deliberately trying to sail within or to arrive in it.

The 1897 Epidemic Diseases Act, Section 3

Under Section 188 of the Indian Penal Code, a Penalty is provided in this section (45 of 1860).

If Section 3 of the Epidemic Diseases Act of 1897 became law, disobedience of a government order regarding an epidemic would’ve been considered a crime, punishable under Section 188 of an Indian Penal Code.

The Epidemic Diseases Act of 1897, Section 4

This section safeguards those operating under the Act by declaring unequivocally that if a person takes any reasonable measures to avoid the spread of the disease, no suit or other legal action would be brought against him.

1897 Amendments to the Epidemic Disease Act

Throughout epidemics, the Union Cabinet approved the promulgation of just an Ordinance to amend the Epidemic Diseases Act, 1897, to safeguard healthcare workers and their property, particularly their homes and workplaces.

This ordinance also has received the approval of India’s President.

The following are some of the ordinance’s provisions:

• Under the amendment, acts of violence (against health workers and other medical personnel) are now cognisable and non-bailable.
• The commission and encouragement of violence towards health workers are punishable by imprisonment for 3 months to 5 years or a fine ranging from Rs.50,000 to Rs.2,000,000.

Conclusion

1897 Epidemic Disease Act Amendment: Scientific advancements have led to new achievements in nearly every aspect of human or non-human life. The strongest indications are advancements in science and technology, education, health, and even space science. However, obstacles are emerging in new forms in tandem with scientific advancement. The whole world is constantly dealing with a coronavirus outbreak. The coronavirus has expanded to over 190 nations, and also the number of those infected and sickening grows every day. As a result, every country and government considers multiple measures to prevent the bubonic plague epidemic.