While the intent of the Epidemic Diseases Act, 1897 is “better prevention of the spread of Dangerous Epidemic Diseases”, it does not define the term dangerous epidemic disease, giving a wide discretion to the Central Government to invoke this Act on a case to case basis.

Contested attempts to repeal and replace this pre-independence legislation comprising just four sections were made in the past including in 2009 through the National Health Bill 2009 and in 2017 through the Public Health (Prevention, Control and Management of Epidemics, Bio-Terrorism and Disasters) Bill, 2017 that vaguely defined an epidemic.

Section 2 of the Act empowers the State Government to take special measures and prescribe temporary regulations in case of a threat or outbreak of a dangerous epidemic disease. Such temporary regulations are to be prescribed through a public notice.

Further, the State Government is also empowered to make regulations for persons travelling by rail or otherwise, or segregation of persons suspected to be infected with such a disease. Persons disobeying any orders or regulations made under the Act that could result in endangering human life and health can be punished with imprisonment for up to six months or imposed a fine of up to one thousand rupees or both.

The Epidemic Diseases Act also empowers the central government to take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port or detention of any person intending to sail or arriving.

The Epidemic Disease COVID-19 Regulations, 2020

Several states in India have invoked their powers under Section 2 of the Epidemic Diseases Act and issued Epidemic Diseases COVID-19 Regulations 2020. These Regulations are being revised from time to time for an appropriate response to the situation.

Some of the initial provisions in these Regulations:

• restricted the number of persons at sports gathering/conferences, screening corners at public and private hospitals and authorizing personnel to forcefully isolate symptomatic persons in case they refuse admission, sealing off areas, barring entry/exit from certain areas,
• authorizing District Disaster Management Committees to prepare planning strategies regarding containment of COVID19 and taking strict action against fake news related to COVID19, and
• no authorization to private labs to collect and test samples for COVID19, mandatory quarantine of persons with a history of travel to a country where COVID19 had been reported.

Some state regulations also required persons with travel history to countries with COVID19 cases to report to the nearest government hospital.

Majority of the revised recent orders suspended operation of swimming pools, gymnasium and spas, night clubs, bars, cinema halls, multiplexes, weekly bazaars (except pharmacies, medical establishments, grocery stores and supermarkets), restriction on a number of persons in social gatherings (mostly below 50), restricting seating capacity in dine-in restaurants, minimizing public dealing in government offices and appointment of officers on special duty, and restricting movement to only those persons who are engaged in essential services (viz. law and order, courts and corrective services; health services, police, armed forces, para-military services, electricity, water, municipal conservatory services, fire, civil defence and emergency services, telecom, banks, media, manufacturing units producing essential commodities and hospital products).

Certain states such as Maharashtra, Telangana and Karnataka started stamping at the back of the palm of the left hand of persons who were instructed to follow home quarantine, with indelible ink. These stamps read: “Proud to protect *state name* home quarantined till dd/mm/yyyy”.

Certain district administrations in Gujarat, Chandigarh, West Bengal, Rajasthan, Punjab, and Jharkhand are also putting up quarantine posters outside houses whose residents have been directed for mandatory home quarantine. Most of these posters read “COVID-19 – DO NOT VISIT – HOME UNDER QUARANTINE- from (dd/mm/yyyy) to (dd/mm/yyyy)- Name-Address-Number of persons”.

On the other hand, Odisha notified that it is necessary to maintain the confidentiality of information related to the affected persons, their relatives, treating doctors, assisting medical staff and residential address of persons affected and their relatives, and put an embargo on the media from publishing any such information. Persons affected by COVID19, their relatives, or treating staff are also restrained from giving interviews to the media as per this direction. Any person violating these regulations would be punished under Section 188 Indian Penal Code.

Invoking the provisions of The Epidemics Diseases Act, 1897 is only one of the many actions to tackle COVID-19 that the States are taking. The subjects of “inter-state migration; inter-state quarantine” and “drugs” fall under the Union list, and the subject of “public health and sanitation; hospitals and dispensaries” falls under the State List of the Constitution.

Thus in order to counter the pandemic of COVID-19, the Union and the State machinery would have to work in tandem to offer adequate medical services and at the same time propel appropriate disaster relief. Towards this effort, while State governments are enforcing the COVID-19 Regulations as talked about before, union ministries are invoking their power to ensure access to certain commodities that might become unavailable in these times.

Disaster Management Act, 2005

The Disaster Management Act covers situations of disaster including that of natural or man-made catastrophe, mishap, calamity or grave occurrence in any area resulting in substantial loss of life or human suffering.

The Centre has recently invoked this legislation to issue a 21-day lockdown across the country. The offices of the government of India and State and Union territory governments (except defence, central armed police force, treasury, public utilities including petroleum, CNG, LPG, disaster management, power generation, power generation and transmission units, post offices, national information centre, early warning agencies). All essential services Hospitals, health services and related manufacturing units continue to function along with ration shops, banks, media, telecommunications, delivery of essential goods through e-commerce are to remain open.

The invocation of the Disaster Management Act means that it will also be the responsibility of the State Executive Committee constituted under the Disaster Management Act to specify measures to be taken for prevention or mitigation of the disaster, lay down guidelines for disaster management plans and monitor their implementation, give directions to state department for actions for disaster response and promote education and awareness about disaster mitigation measures.

The legislation also provides for ensuring that the Ministries or Departments of the Government of India take necessary measures to promptly and effectively respond to any threatening disaster situation or disaster. The measures taken by the Ministry of Railways cancelling long-distance and intercity trains is one of the several measures taken in light of COVID19. Several state governments also suspended passenger trains. Another such measure has been the cancellation of all university exams and closure of universities.

The Essential Commodities Act, 1955

In light of reports of black-marketing of surgical and protective masks (2ply& 3ply surgical masks and N95 masks), and hand sanitizers, the Ministry of Consumer Affairs, Food and Public Distribution has declared these products to be essential commodities under the Essential Commodities Act, 1955. Identifying these products as essential commodities allow the authorities to control the prices set by the market forces and prohibit with-holding of such products from sale.

A ceiling price for hand sanitizers has been set at Rs.100 per 200mL bottle. In furtherance of orders under this legislation, the price of 3ply surgical masks is not be above Rs. 10, and that of masks (2ply) is not be above Rs. 8. Later the Ministry of Consumer Affairs, Food and Public Distribution issued the Fixation of prices of masks (2ply & 3ply), Melt Blown Nonwoven Fabric and Hand Sanitizers (Amendment) Order, 2020. The order provided that the retail prices of 3ply surgical mask containing a layer of Melt Blown non-Woven Fabric shall not be more than rupees 16 per piece.

States have also set into action their local manufacturing units to avoid sole reliance on private players for continued access to essential commodities. For instance, the Kerala State Drugs &Pharmaceuticals, a state institution, manufactured over 1 lakh bottles of hand sanitizers in 10 days to counter the rising problem of hoarding and artificial price rise.

The Aircraft Act, 1934

The Aircraft Act empowers the Central Government to take necessary measures including making temporary rules with respect to aircraft and persons travelling or things carried therein and aerodromes in case of an outbreak of any dangerous epidemic disease.

The Ministry of Civil Aviation has invoked its powers under the Aircraft Act, 1934 to suspend the operation of all scheduled domestic flights (except all-cargo flights). Operation of flights by the holders of Non-scheduled operator permit (except all-cargo flights, off-shore helicopter operations, medical evacuation flights or flights specifically approved by Directorate General of Civil Aviation). (The Leaflet--IPA Service)