Epidemic Diseases Act, 1897; Powers of the Central & State Governments?

Due to the apparent dangers of the spread of Coronavirus, the Central Government and State Government in India are invoking various provisions of the Epidemic Diseases Act of 1897 to control the said virus which is officially termed named as COVID19. It has become imperative for the government to do so under the given circumstances when the world is getting affected by the deadly virus so fast.

An epidemic is defined by various experts as the occurrence of diseases or health condition in more than expected frequency.

The Epidemic Diseases Act is one of the shortest Acts in India, comprising just four sections. The first section explains the title and the extent, while the second gives powers to the state and Central governments to take special measures and formulate regulations that are to be observed by the people to contain the spread of disease. The third section describes penalties for violating the regulations, in accordance with Section 188 of the Indian Penal Code. The fourth deals with legal protection to the implementing officers acting under the Act.

Section 2 of the Act, describes the powers of the government where “When the state government is satisfied that the state or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic disease; and if it thinks that the ordinary provisions of the law are insufficient for the purpose, then the state may take, or require or empower any person to take some measures and by public notice prescribe such temporary regulations to be observed by the public. The state government may prescribe regulations for the inspection of persons travelling 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.” Section 2A empowers the Central government to inspect any ship leaving or arriving at any port and for detention thereof, or of any person intending to sail therein, or arriving thereby. Section 3 states, “Six months’ imprisonment or 1,000 rupees fine or both could be charged out to the person who disobeys this Act.”

The Act gives very wide powers to the government to control the declared epidemic disease. The limitations of powers of the government are not defined in a straight jacket formula. Under such circumstances, it shall be the government which shall, after due application of mind, decide the measure which it will take to control the epidemic, which may include but not limited to steps like:

• invoked to search for suspected epidemic cases in homes and among passengers.
• forcible segregation of affected persons,
• isolation or quarantine of infected patients
• disinfections, evacuation, and demolition of infected places.
• Prevention of assembly of crowds, public meetings
• banning of celebration of festivals and suspension of pilgrimages suspended.
• Public and Private institutions can be directed to be closed for limited period
• Schools, colleges, cinema halls, or any place of mass gatherings can be directed to shut.
• Travel bans
• Locking of cities/ towns/ blocks/ colony, etc.
• Compulsory vaccination, medication, medical tests etc.
• Any other step that the government may deem fit.

Once the said act is invoked then the question of implementation of fundamental rights of citizens will also arise. But the government can reasonably suspend even the fundamental rights of citizens in the areas declared dangerous due to the epidemic disease.

The Act was executed vigorously to control the plague epidemic that broke out in the late 1890s. The provisions of the Act were invoked to search for suspected plague cases in homes and among passengers. There was forcible segregation of affected persons, disinfections, evacuation, and demolition of infected places. The assembly of crowds was prevented, public meetings and festivals were banned, and pilgrimages suspended. Alleged humiliation (including public stripping) and violence against women gave rise to concerns among the citizens, and riots were reported in some areas. In many places, military powers were used to ensure the proper implementation of the preventive measures. Historian David Arnold called the Act “one of the most draconian pieces of sanitary legislation ever adopted in colonial India”  and Myron Echenberg reported in his book that “the potential for abuse was enormous”. In independent India, it has seldomly been used.

With shifting public health priorities, there were changes in the Act in various states, namely, Punjab (Punjab Amendment Act, 1944), Madhya Pradesh (M.P. Act No. 23 of 1958), Dadra and Nagar Haveli (w.e.f. July 1, 1965), Lakshadweep (w.e.f. October 1, 1967), Union Territory of Pondicherry (Act No. 26 of 1968) with regard to introduction of isolation or quarantine of infected patients, travel or movement restrictions, prohibition of mass gatherings, closure of educational and other institutions, compulsory vaccination, etc.

The bare act of the The Epidemic Diseases Act of 1897 is reproduced below:

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