State public health legislations

Kerala invoked the Madras Public Health Act, 1939 to declare COVID-19 as a “notified disease” in Malabar district and KasargodTaluk in Kerala. The legislation allows certain actions to be taken by designate authorities with respect to diseases that have been designated by the State as “notified disease”. This legislation empowers a health officer to enter, occupy and use any building or place which could be suitable for the purposes of prevention or control of a notified disease.

Further, the legislation requires every medical practitioner to inform (in municipal areas) the executive authority/health officer/sanitary inspector and (in non-municipal areas) the Health Officer/sanitary inspector/village headman of the existence of the notified disease in any private/public dwelling other than a public hospital.

It also empowers local officers to inspect any place where the notified disease is reported or suspected to exist without notice in the case of factories, workshops, work-places, offices, business places and the like, and with a reasonable notice including dwelling places. The health officer is also empowered to destruct hut or sheds necessary to prevent the spread of any notified disease after giving reasonable notice to the owner and giving compensation to the person.

Under this statute, a Magistrate on the application of the Health Officer may order the closing of lodging house or any place where articles of food are sold, or prepared, or exposed for sale, or distributed in the interest of public health until the expiry of a period as may be specified or until it is certified by the Health Officer to be free from infection.

Further, on the application of the Health Officer, any Magistrate, not being a Magistrate of the third class, can prohibit any individual case, assemblages consisting of any number of persons exceeding fifty, in any public or private places if the Magistrate is satisfied that such assemblages would be likely to become a means of spreading the disease or of rendering it more virulent.

Kerala has also notified COVID-19 as a “notified disease” under the Travancore Cochin Public Health Act, 1955. This legislation gives similar powers to the Health Officer as those under the Madras Public Health Act, 1939.

Some States have also constituted cells in different departments to combat the pandemic. In certain states like Kerala, panchayats have also been directed to maintain sanitation, monitor and support those on mandatory home quarantine, resurrect pre-existing networks on health for management, and daily recording of events related to COVID-19.

Special Amendments

Delhi Government amended the Delhi Prison Rules 2018 to insert provision of “Emergency Parole” allowing grant to provide up to 8 weeks parole in one spell to inmates in a situation like an epidemic, natural disaster or any other situation warranting easing of the population of inmates in prison.

Section 144, The Code of Criminal Procedure, 1973

Section 144 of the Code of Criminal Procedure empowers District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate to bar the assembly of a certain number of people in a particular area in certain circumstances including those that pose a danger to human life, health or safety.

The notice provides the time period for which such an order would be in force, and the same cannot remain in force for more than two months. However, in cases where the State Government considers it necessary so to do for preventing danger to human life, health or safety it may, direct that such an order shall remain in force for such further period not exceeding six months.

Indian Penal Code, 1860

Section 188

This provision relates to disobedience to order promulgated by a public servant. Any person who disobeys such an order such that it causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed will be punished with imprisonment of up to one month or with a fine or both.

In case the disobedience cause or tends to cause danger to human life, health or safety, or causes or tends to cause riot or affray, the person shall be punished with imprisonment of up to six months or with a fine of rupees two thousand or both.

Section 269

This provision relates to punishing negligent act likely to spread infection of disease dangerous to life. Any person unlawfully or negligently doing an act which is known to them as likely to spread the infection of such disease shall be punished with imprisonment of either imprisonment of up to six months or fine or both.

Section 270

This provision relates to punishing malignant acts that are likely to spread infection of disease dangerous to life. Any person malignantly doing any act which is known to them as likely to spread the infection of such disease shall be punished with imprisonment of either imprisonment of up to two years or fine or both.

Section 271

This provision relates to punishing disobedience to quarantine rule. Any person knowingly disobeying the rule of quarantine issued by the government shall be imprisoned for up to six months or fine or both. (The Leaflet--IPA Service)