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Epidemic Disease Act, 1897

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May 07, 2020

Why in news?

Recently, the Centre amended the Epidemic Disease Act, 1897.

What has changed?

  • Through an ordinance, the Cabinet amended the 1897 Act.
  • The amendment made commission or abetment of acts of violence against healthcare workers a cognisable, non-bailable offence.
  • The offenders will be imprisoned for a term of three months to five years, and with fine of Rs 50,000 to Rs 2 lakh.
  • In case of causing grievous hurt, imprisonment shall be for a term of six months to seven years and with fine of Rs1 lakh to Rs 5 lakh.

Why did the Centre invoke the 1897 Act now?

  • In March 2020, this Act was invoked to fight the Covid-19 outbreak.
  • The Act empowers the state governments to take special measures and prescribe regulations in an epidemic.
  • It defines penalties for disobedience of these regulations, and provides for immunity for actions taken under the Act.

Why the Act was enacted?

  • In January 1897, Council member J Woodburn tabled the Epidemic Diseases Bill during bubonic plague outbreak in Bombay.
  • The Bill was tabled as a measure to contain the plague before it attains large proportions elsewhere in the country.
  • It noted that the powers of the municipal bodies and other local governments were inadequate to deal with such situations.
  • It called for special powers for governments of Indian provinces and local bodies, including to check passengers of trains and sea routes.
  • It said existing laws were insufficient to enable municipal officers to deal with matters related to overcrowded houses, sanitation, etc.

How was it passed?

  • The Bill was referred to a Select Committee, which submitted its report on 4th February 1897.
  • The Bill was passed the same day, after a brief discussion.
  • It was passed amid concerns of the disease spreading, with crowds from Bombay having reached places all over India.
  • The government was particularly worried about Calcutta, then the Indian capital.
  • Among the members, Rahimtula Muhammad Sayani and Maharaja of Darbhanga said that the Bill was passed hurriedly.

What were the challenges discussed?

  • Babu Joy Gobind Law suggested that steps be taken with regard to Muslims’ pilgrimage to Mecca.
  • But Alexander Mackenzie, Lieutenant Governor of Bengal, clarified that his government was unwilling to interfere with religious practices.
  • Sayani said that the persons desirous of performing the pilgrimage could be persuaded to put off their intention until the danger has passed.
  • It was discussed that isolating women was particularly difficult.
  • Woodburn told that the whole town could not run the risk of plague infection merely because its source is a woman.

 

Source: The Indian Express

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