Short Title: | Epidemic Diseases Act, 1897 |
Long Title: | An Act to provide for the better prevention of the spread of Dangerous Epidemic Diseases |
Citation: | Act No. 3 of 1897 |
Territorial Extent: | India |
Enacted By: | Imperial Legislative Council (Now the powers of the act rest with Parliament of India) |
Amended By: | Epidemic Diseases (Amendment) Ordinance, 2020[1] This Act has also been amended in its application to various regions and states such as the Epidemic Diseases (Punjab Amendment) Act, 1944 etc. and the extended to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. etc. |
Keywords: | epidemic, disease |
Status: | amended |
The Epidemic Diseases Act, 1897 is a law which was first enacted to tackle bubonic plague in Mumbai (formerly Bombay) in former British India.[2] The law is meant for containment of epidemics by providing special powers that are required for the implementation of containment measures to control the spread of the disease.[3] [4]
Section 2 of the Act reads:
On 22 April 2020, the Government of India announced the promulgation of an ordinance, 'The Epidemic Diseases (Amendment) Ordinance 2020', to amend the act, adding provisions to punish those attacking doctors or health workers.[5] The ordinance allows for up to seven years of jail for attacking doctors or health workers (including ASHA workers). The offense will be cognizable and non-bailable among other things.[6] [7] In addition to this, such cases need to be investigated in a time-bound and must be resolved in a year. Also, the law specifies that the guilty will have to pay twice the market value of the damaged property as compensation for damaging the assets of health care staff including vehicles and clinics.[8]
The bill was introduced by the Minister of Health and Family Affairs, Harsh Vardhan. The Rajya Sabha approved the bill on 19 September 2020 and the Lok Sabha on 21 September 2020.
The Act has been routinely used to contain various diseases in India such as swine flu, cholera, malaria and dengue.[9] In 2018, the Act was enforced as cholera began to spread in a region of Gujarat. In 2015, it was used to deal with dengue and malaria in Chandigarh and in 2009 it was invoked in Pune to combat swine flu.
Following the COVID-19 pandemic the Cabinet Secretary of India on 11 March 2020 announced that all states and Union territories should invoke provisions of Section 2 of the Epidemic Diseases Act, 1897.[10] Since March 2020, the act is being enforced across India in order to limit the spread of COVID-19.