A Detailed Study on Lockdown and Epidemic Diseases Act, 1897

The Epidemic Disease Act 1897 was primarily formed in Bombay in the colonial era, to prevent the spread of bubonic plague. It was formed on 4th February 1897 and it continues to be effective in India related to the spread of deadly diseases across the country. It is still the primary law to deal with the pandemic in India.  In recent times the law was enacted by various states to formulate policies to combat the societal impact of the COVID-19 pandemic.  This article shall discuss the features associated with the act and its recent implication in various states.

Epidemic Disease Act 1897: discussion

Epidemic Disease Act 1897 was initially formulated in concern to the epidemic of bubonic plague that spread in Bombay. This law is over a century old and has remained mostly unchanged over the years. This law aims to the containment of the dangerous disease and enables the government with special powers to the central and state governments to mitigate the effect of the disease upon the immediate society. Recently, during the prevalence of the situation of COVID-19 and the associative rules and regulation imposed in 2020 was governed by this law along with Disaster Management Act, 2005. Epidemic Disease Act 1897 was amended in adherence to the ordinance in April 2020. Most of the states in the country abided by the law and imposed various measures like lockdown of various institutions and implication of home quarantine.  

Provisions of the EDA act: discussion

There are in total four sections that deal with the provisions of the EDA act. The provision is mentioned within the law are mentioned as follows: 

• Section 2: Power granted to the state government to take measures in combating the conditions of a pandemic: In case the state government feels like the ordinary laws active in the society are insufficient in combating the issues of a pandemic in the society. The government body can exercise necessary measures to implement temporary regulations and guidelines to combat the ongoing concern of the society that deals with the pandemic
• Section 2A: Powers of the Central Government: The central government takes note of the ongoing condition of the states and is convinced that the ordinary laws are not enough to govern the conditions effectively. The central government will have the power to exercise necessary measures to prevent the further spread of the disease. The government may provide regulations to check the ships and vessels and might even detain the passengers, if necessary
• Section 3: Penalty: Any individual found guilty of disobeying the law is punished under section 188 of IPC
• Section 4 provides legal protection to any individual for anything done under this act

Recent Implementation of EDA Act: discussion

The country witnessed the spread of COVID-19 in the country which led to the spread of pandemics in the country. In this dire time, this 123-year-old law came into practice in April 2020. The recent implementation of the EDA Act was noted across the country mainly against the violence that was carried out by individuals. There were several cases of violence recorded across the country against healthcare professionals like doctors and nurses. Therefore, amendments were made to the ordinances accordingly. The ordinance allows individuals to be jailed for seven years if they are found attacking doctors, nurses or any healthcare personnel. An individual if found guilty of damaging health care units or institutions will have to face either five years of imprisonment or a 2 lakh fine or both. 

Conclusion

Epidemic Disease Act 1897 is a law formulated in the colonial era to combat the course of pandemics prevalent in the country. Amendments are still made in the countries as per the guidelines of this law, as was recently witnessed during the COVID-19 pandemic in the country. The central government and several state governments adopted sections of this law to propagate measures that enabled them to exercise special measures like the imposition of lockdown and home quarantine policies. This law also enabled the government to take strict measures against the individuals who conducted violence against health care professionals and medical institutions during the testing phase and isolation of the infected.