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The Law Commission (headed by Justice (retired) Ritu Raj Awasthi, in its latest report, has highlighted the deficiencies of 127-year-old Epidemic Diseases Act 1897, and proposed essential reforms to ensure a robust legal framework for managing epidemics.

• The Epidemic Diseases Act, 1897 was a law which was first enacted to tackle bubonic plague in Bombay state in former British India. 
• It was enacted during the colonial era to empower authorities to take necessary measures to control infectious diseases.
• During COVID-19 pandemic, to counter the immediate challenges, Parliament amended the Epidemic Diseases Act of 1897 in 2020.

What are the points highlighted by the Law Commission?

Report: The Law Commission Published the 286th report on “the management, control, and prevention of epidemic diseases.”

• The Law Commission flagged “significant deficiencies” in the Epidemic Diseases Act.
• Overhaul of the Act: The Commission recommended to the government that either the law be suitably amended to address existing gaps or a comprehensive legislation be brought in to effectively deal with future epidemics.
  • Though the colonial act was amended in 2020, these amendments fell short as critical gaps and omissions remained in the Act.
• Strict punishment: The provisions of the main law are “not stringent enough to act as an effective deterrent”, calling for stricter punishment for disobedience of guidelines and regulations made by the government during any health emergency.

• Defining an ‘Epidemic’: A clear definition of an ‘epidemic’ is crucial. The amended law or the new legislation should demarcate the stages of disease progression, including “outbreak,” “epidemic,” and “pandemic.” This clarity will guide authorities in implementing appropriate measures at each stage.
• Roles of Central, State, and Local Authorities: The proposed legislation should formulate an Epidemic Plan that clearly defines the roles and responsibilities of central, state, and local authorities. Consultation with stakeholders, including private hospitals and experts, during the drafting process is essential.
• Response Mechanisms: The new law should go beyond granting stipulated powers to the government. It must shape appropriate response mechanisms for preventing and controlling epidemic diseases. Scientific advancements should inform these mechanisms, ensuring a coordinated approach.
• Clarification of Terms: To avoid ambiguity, the legislation should clearly differentiate between terms like ‘quarantine’ and ‘isolation’. Precise definitions will enhance effective implementation during health crises.