Published on: August 13,2021 12:10 IST
By Neha Choudhary
Introduction
Recently, there has been an outbreak of the deadly coronavirus all over the world. This has been proved to be very destructive in every possible aspect. Every human being has been affected due to a sudden pandemic and has suffered a great loss at some time during the situation.
In India, the first case of the fatal virus was founded in January 2020 following which the Government has tried every desirable way to curb the destruction and thus has passed various laws to prevent the spread of the epidemic disease.
The Government had passed an order for complete lockdowns, partial lockdown, and restriction in certain areas, night curfews, and invoked certain legislations which were enacted various years ago and however it can be seen that India has been successful at some point in minimizing the spread as compared to other countries.
Thus, certain Sections and Provisions of the 1897 Act i.e. The Epidemic Diseases Act 1897 along with various other legislations like the Disaster Management Act, 2005 with a view that these enactments would restrict the unnecessary movement of the citizens and certain provisions under the Act also ensured that the violators would pay heavy fines and face repercussions for the violation of the Act.
In India, the Government has been directed to invoke Section 2 under The Epidemic Diseases Act, 1897 to curb the movement of the people amid covid.
Moreover, due to the unimaginable pandemic, the doctors and the healthcare workers have been placed in a very crucial situation where they are trying their level best to curb the coronavirus and their commitment towards the world has been accoladed at various levels.
Moreover, there were many reports registered that mentioned the violence that the healthcare workers have been facing during the epidemic even after their tremendous efforts preventing the outbreak. They have been facing stigmatization, while some have been targeted and attacked by lawbreakers.
Thus, the Government of the country to avoid the violence against the health workers who are constraining the spread of coronavirus which has been proved to be one of the most deadly diseases in history has passed an Amendment Bill for The Epidemic Diseases Act 1897 which discussed various alterations that protect Health Care personnel combating against pandemic and coronavirus epidemic.
Covid-19 has affected the well-flourished lives of the people and the whole economy of the country had been shattered due to the sudden outbreak and caused financial instability.
Due to the pandemic, people lost their source of income, suffered a shortage of food due to great economic loss and their conditions were extremely atrocious to even survive that even the Government at some point with all their efforts to help the citizens couldn’t do much for them.
However, not only the general public at large have been traumatized by the outbreak but the healthcare workers that were working continuously for the prevention have also faced violence and thus the Government of India passed an Amendment Bill in 2020 which amended the 1897 Epidemic Diseases Act which would protect the healthcare service personnel and their property and their living/working premises, against violence during epidemics.
What is the Epidemics Disease Act 1897?
The Epidemic Diseases Act 1897 was enacted to tackle deadly diseases like dengue, swine flu, and cholera and to strive to restrain their spread the Government has thus imposed this Act various times.
Moreover, the colonial for the first time in Indian history was imposed to tackle bubonic plague in Bombay (presently Mumbai) during the British era.
The Act had been executed during the British rule with only four Sections which were aimed to prevent the spread of the dangerous epidemic diseases and protect the citizens from such outbreaks.
The Act in its definition clause under Section 1A describes the ‘Act of violence’ which includes wrongful acts committed against any healthcare personnel during the time of a pandemic or epidemic and thus the Act also provides certain penalties for the violators.
Section 1A of the Act along with certain other provisions had been amended by the Amendment Bill 2020 which would be dealt with further.
Section 2 of the Act explicitly states the power of the Government to take special measures and prescribe regulations as too dangerous Epidemic Disease and thus quotes that:
“(1) When at any time the 2 [State Government] is satisfied that 2 [the State] or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the 3 [State Government], if 4 [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 4 [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.
(2) In particular and without prejudice to the generality of the foregoing provisions, the 2 [State Government] may take measures and prescribe regulations for— (b) the inspection of persons traveling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.”
The Government thus through the provisions of the Act has ensured the curb of the epidemic and safeguard of the citizens from the disease which if not prevented can be destructive for the people as well for every sector in the country.
Moreover, the Government has also made sure that the lawbreakers and the people who have acted as a hindrance in preventing the spread and violated the legislation imposed on them has to pay fines and can also be imprisoned for a specified time and such violation would be treated as a cognizable and non-bailable offense as it has been mentioned under the Epidemics Disease Act, 1897 and further, would be dealt under Section 188 of the Indian penal code.
Section 188 of the Indian Penal Code read as follows:
“Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”
The Government has also positioned a provision guaranteeing the legal protection to the officers under Section 4 of the Act and states, “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.”
What is the History of the Enactment?
The legislation passed by the Government to curb the spread of the deadly disease in 2020 for the prevention of coronavirus has not been imposed in India for the first time but the legislation had been passed various times in history since the British era.
The legislation for the first time was enacted by the British parliament for the prevention of the spread of plague due to which there were 1900 reported deaths per weak.
It was enacted under the rule of the Queen and British parliament to rein the spread of the epidemic to the rest of the country.
These are the following times when certain Sections under the Epidemic Diseases Act 1897 had been imposed:
- In 2009, Section 2 of the Epidemics Disease Act has been enforced in Pune to tackle the swine flu outbreak and declared it a Notifiable Disease and thus it was ordered to open screening centers in civic hospitals across the city.
- Again in 2015, in Chandigarh, due to the major outbreak of malaria and dengue, the Epidemics Disease Act had been imposed to curb the spread of the disease.
- In 2018 the District Collector of Gujarat declared the Khedkarmsiya village in Gujarat’s Vadodara cholera affected and issued certain notifications under the Epidemics Disease Act.
- Recently, due to the outbreak of the deadly coronavirus in 2020 in India, the Government while trying to curb the spread of this virus has imposed Section 2 of the Epidemics Act along with certain Sections of the Disaster Management Act 2005. Furthermore, certain amendments have also been passed by the Lok Sabha and Rajya Sabha with certain alterations for the protection of the lives and properties of the healthcare workers who have been working tremendously hard for the protection of the citizens from the virus.
What are the Key Amendments Made in The Epidemic Diseases (Amendment) Bill, 2020?
Adhering to the recommendations of certain alterations in a 123-year-old Epidemics Act enacted by the British Government and thus these amendments were passed by the Rajya Sabha via the Epidemic Diseases (Amendment) Bill, 2020 for the protection of healthcare personnel combatting epidemic diseases.
The Bill was already in force as an Ordinance and thus expands the ambit of powers of the Central Government along with other necessary amendments to prevent the spread of such disease.
The recommendations for the alteration of certain provisions of the Act has been made due to the heightening instances of the attacks attempted on the critical services providers amid covid i.e. healthcare workers that are being targeted and threatened by the miscreants and obstructing and hampering them from performing their duties which are at utmost importance for a time being when the country is in national health crises and health workers are considered as warriors.
Thus there was a need for a separate set of provisions for the protection of the workers from the incidents of violence they are facing by making it a cognizable offense.
The key Amendments made through the Epidemics Disease Amendment Bill 2020 are:
- The Epidemics Disease Act 1897 amended and inserted certain definition clauses in Section 1A of the Act that included definitions like ‘Act of violence, ‘healthcare service personnel’ and ‘property’. Section 1A of the Epidemics Disease Amendment Act thus defines the ‘Act of violence as, “(a) “Act of violence” includes any of the following acts committed by any person against a healthcare service personnel serving during an epidemic, which causes or may cause—
- harassment impacting the living or working conditions of such healthcare service personnel and preventing him from discharging his duties;
- harm, injury, hurt, intimidation, or danger to the life of such healthcare service personnel, either within the premises of a clinical establishment or otherwise
- obstruction or hindrance to such healthcare service personnel in the discharge of his duties, either within the premises of a clinical establishment or otherwise
- loss or damage to any property or documents in the custody of, or relation to, such healthcare service personnel”
The Act defines and mentions the ‘healthcare service personnel’ under definition clause (b) of Section 1A of the Act which states that, “healthcare service personnel” means a person who while carrying out his duties concerning epidemic related responsibilities, may come in direct contAct with affected patients and thereby is at the risk of being impacted by such disease, and includes—
- Any public and clinical healthcare provider such as a doctor, nurse, paramedical worker, and community health worker
- Any other person empowered under the Act to take measures to prevent the outbreak of the disease or spread thereof
- Any person declared as such by the State Government, by notification in the Official Gazette”
Under clause (c) of the Act, ‘property’ has been defined as, ““property” includes—
- A clinical establishment as defined in the Clinical Establishments (Registration and Regulation) Act
- Any facility identified for quarantine and isolation of patients during an epidemic
- A mobile medical unit
- Any other property in which a healthcare service personnel has a direct interest in relating to the epidemic”
- Along with the insertion of Section 1A of the Act, Section 2A has also been amended in the amendment bill and thus expanded the scope of the powers of the Central Government. According to Section 2A of the Act which is a very subtle way has granted powers to the Central Government and states that:
“When the Central Government is satisfied that India or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease and that the ordinary provisions of the law for the time being in force are insufficient to prevent the outbreak of such disease or the spread thereof, the Central Government may take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port and for such detention thereof, or of any person intending to sail therein, or arriving thereby, as may be necessary.”
- The Epidemics Disease Act 1897 under Section 3 mentions the penalties that the offender would be facing as the repercussions of the acts that have been forbidden under the statute. Moreover, these penalties have been amended by the Epidemics Disease Amendment Act 2020 and thus inserted certain sub-Sections that determine the compensation, compositions, investigation, etc.
- Section 3 of the Act states that “any person disobeying any regulation or order made under this Act shall be deemed to have committed an offense punishable under Section 188 of the Indian Penal Code (45 of 1860).”
- It further mentions the compensations and imprisonment that the offender shall have to face which quotes that “Whoever,— (i) commits or abets the commission of an Act of violence against a healthcare service personnel; or (ii) abets or cause damage or loss to any property, shall be punished with imprisonment for a term which shall not be less than three months, but which may extend to five years, and with fine, which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees. (3) Whoever, while committing an Act of violence against a healthcare service personnel, causes grievous hurt as defined in Section 320 of the Indian Penal Code to such person, shall be punished with imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine, which shall not be less than one lakh rupees, but which may extend to five lakh rupees.”
- Section 3A of the Epidemics Disease Amendment Act 2020 states that offenses shall be investigated by an Inspector within 30 days and trial has to be completed in one year unless extended by the Court for reasons to be recorded in writing.
- Section 3B of the Act states “Where a person is prosecuted for committing an offense punishable under sub-Section (2) of Section 3, such offense may, with the permission of the Court, be compounded by the person against whom such Act of violence is committed.”
- Section 3C of the Act quotes that “Where a person is prosecuted for committing an offense punishable under sub-Section (3) of Section 3, the Court shall presume that such person has committed such offense unless the contrary is proved.”
- Section 3D of Act mentions that “in any prosecution for an offense under sub-Section (3) of Section 3 which requires a culpable mental state on the part of the accused, the Court shall presume the existence of such mental state, but it shall be a defense for the accused to prove the fAct that he had no such mental state with respect to the Act charged as an offense in that prosecution.”
- Section 3E has been inserted stating the compensations for the Act of violence which states that “(1) In addition to the punishment provided for an offense under sub- Section (2) or sub-Section (3) of Section 3, the person so convicted shall also be liable to pay, by way of compensation, such amount, as may be determined by the Court for causing hurt or grievous hurt to any healthcare service personnel. (2) Notwithstanding the composition of an offense under Section 3B, in case of damage to any property or loss caused, the compensation payable shall be twice the amount of fair market value of the damaged property or the loss caused, as may be determined by the Court. (3) Upon failure to pay the compensation awarded under sub-Section (1) and (2), such amount shall be recovered as an arrear of land revenue under the Revenue Recovery Act, 1890”
Conclusion
There has been a critical situation in the whole world since the deadly virus has been affecting the lives of people. People have faced a lot of complexities due to the outbreak of the pandemic and have suffered financially, mentally, physically, and emotionally.
However, not only the citizens of the country have been afflicted by the pandemic but also the healthcare workers who have been working hard to curb the spread of the virus have also been targeted and attacked.
Due to their safety and preventing the obstacles they were going through while performing their duties, the Government has passed an Amendment Bill in 2020 to alter and insert certain provisions in the 123-year-old Epidemic Disease Act 1897 to ensure that the offenders face consequences for the acts they have been performing that amounts in obstructing the duties of the healthcare personnel.
References