Epidemic Diseases Act 1897: The Powers under Section 188 of IPC

The Epidemic Diseases Act of 1897 was implemented to combat bubonic plague in former British India’s Mumbai (previously Bombay). The law is designed to help manage epidemics by giving extraordinary powers to those who need them to put containment measures in place to stop the disease from spreading.This act includes only four portions in total, making it one of India’s shortest acts.

To control an epidemic, the State Governments have some powers under Section 2 of this Act, while the Central Government has some powers under Section 2 (A).Penalties are dealt with in Section 3, while protection for those working under the Act is dealt with in Section 4.

Section 188 of the Indian Penal Code grants the following powers:

1)The authority to take exceptional steps and issue laws in the event of a serious epidemic disease:

If the [State Government] believes that the ordinary provisions of the law for the time being in force are insufficient for the purpose, the [State Government] 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 a government agency.

2) Central Government Powers:

When the Central Government is satisfied that an outbreak of any dangerous epidemic disease has occurred or is imminent in India or any part of India, and that the ordinary provisions of the law currently in force are insufficient to prevent the outbreak or spread of such disease, the Central Government may take measures and prescribe regulations for the inspection and detention of any ship or vessel leaving or arriving at any port.

3) There will be a penalty:

Anyone who disobeys a regulation or order issued under this Act is guilty of an offence punishable under section 188 of the Indian Penal Code (45 of 1860).

4) Persons acting under the Act are protected:

There shall be no action or other legal procedure brought against anyone for anything done or intended to be done in good faith under this Act.

Dangerous Epidemic Diseases Spread:

Pathogen-specific factors (such as genetic adaptation and mode of transmission) and human population-level factors (such as population density and susceptibility to infection; patterns of movement driven by travel, trade, and migration; and the speed and effectiveness of public health surveillance and response measures) influence the risk of a pathogen spreading within a population after a spark or importation.

Dense population concentrations, particularly in urban areas with congested informal settlements, can operate as disease transmission foci,hastening pathogen spread (Neiderud 2015). 

Furthermore, social inequality, poverty, and its environmental correlates can dramatically enhance a person’s vulnerability to illness (Farmer 1996). Environmental variables such as a lack of clean water and proper sanitation magnify transmission rates and increase morbidity and death, while comorbidities, malnutrition, and caloric deficits weaken an individual’s immune system (Toole and Waldman 1990).

All of these characteristics suggest that during a pandemic, marginalised populations, such as refugees and individuals living in urban slums and informal settlements, are at an increased risk of illness and mortality.

However, it differs from IHR measures in terms of its scope and focus on underlying and enabling institutional, infrastructural, and financial capacity, such as those listed below (Oppenheim and others 2017):

Infrastructure for public health that can identify, track, manage, and treat cases.

In order to channel information and resources, adequate physical and communications infrastructure is required.

Capabilities in basic bureaucratic and public management functions.

Capacity to mobilise financial resources to fund disease response and weather the outbreak’s economic blow.

Ability to communicate effectively about risks.

Colonial Legislation of Epidemic Act:

The act is one of the shortest in the country, consisting of only four sections. Section 2 of the legislation gives state governments the authority to take whatever steps and issue interim rules are necessary to manage an epidemic disease. Section 2A gives the federal government the authority to check any ship departing or arriving in port, as well as detain anyone sailing or arriving there.

Anyone who disobeys the act is subject to penalty under Section 188 of the Indian Penal Code (IPC). If a person’s disobedience causes or threatens to create harm to human life, health, or safety, they may be sentenced to up to six months in prison and/or a fine of up to Rs 1,000. Section 4 of the statute gives people legal protection for anything they do (Ministry of Law and Justice 2020).

Conclusion:

The Epidemic Diseases Act of 1897, a colonial legislation, merely offers a minimum guideline for the state’s response to epidemics. It is past time for the legislation to be strengthened. The rights granted to public servants under Section 188 of the IPC are justified by the need to maintain public order in times of crisis.