Context:
The 286th Law Commission Report highlights ‘significant deficiencies’ issues in managing epidemics, emphasizing the outdated Epidemic Diseases Act, of 1897 (EDA).
More about the news:
- The COVID-19 pandemic prompted a detailed examination to address deficiencies in the legal framework for future epidemics.
- A panel led by Justice Ritu Raj Awasthi submitted a report that calls for a comprehensive overhaul of existing epidemic laws.
Key Highlights of the Report:
1. Limitations of the existing EDA:
- The EDA, being a century-old law, lacks effectiveness in dealing with modern infectious disease challenges such as Ebola, Zika, COVID-19, etc.
- During COVID-19, immediate response was invoked under the Disaster Management Act, of 2005.
- Amendments were made to the Epidemic Diseases Act in 2020, but critical gaps remained related to the distribution of functions, authority, penalties, etc.
- The report points out potential abuse of the colonial-era legislation such as centralization of power at the Union Government, etc.
2. Proposal for Change:
• The Law Commission recommends the creation of an Epidemic Plan and Standard Operating Procedure (SOP).
Epidemic Plan:
- Central government responsibility, in collaboration with states, ministries, health institutions, experts, and stakeholders.
- Must be prepared, enforced, and revised regularly.
- Inclusive provisions on quarantine, isolation, lockdowns, disease surveillance, medical supplies, information dissemination, testing, research, and waste disposal.
SOP Implementation:
- Aims to prevent conflicts between states and the Central government.
- Defines three stages of infectious disease spread and corresponding responses.
3. Stages and Responses: The law commission made a clear demarcation of functions and authority between the Centre, State, and local authorities. It divided the functions and authorities into 3 stages:
• First Stage – Outbreaks in the State:
- States empowered to take measures aligned with the Epidemic Plan.
- Local authorities can implement preventive measures at a micro-level.
• Second Stage – Inter-State Spread:
- The central government frames regulations based on the Epidemic Plan.
- States follow these regulations for a coordinated response.
• Third Stage – Extreme Threat:
- Central government intervenes if states can’t contain the infection, ensuring uniform measures and addressing conflicting guidelines.
4. Penalty Enhancement:
• The existing penalty provisions as not stringent enough. There is a proposal for enhanced penalties to act as a more effective deterrent.
- Under the Bharatiya Nyaya Sanhita, 2023 (erstwhile Indian Penal Code), the punishment has been enhanced to a jail term that may extend to one year or a fine of ₹5,000 (up from IPC Section 188’s jail term of up to six months and a fine of ₹1,000)
5. Way Forward:
- Strengthen legal foundations to ensure a more effective, coordinated, and adaptable response to future epidemics in India.
- There is a need for a broad framework and concerted approach for utilizing resources of both public and private sectors.
- Clearly define powers and obligations at different levels of government.
- Uphold the fundamental rights of citizens while implementing preventive and control measures.
In conclusion, the Law Commission’s report underscores the imperative for a comprehensive overhaul of epidemic laws. The commission recommended an Epidemic Plan, SOP, clear demarcation of powers, and enhanced penalties for a more robust, coordinated, and rights-respecting response to future health crises.