Efficacy of the legal regime relating to epidemics in India

By Radhika Motiani

In the past few months the world has seen the alarming spread of the “Novel Coronavirus” across geographies; with China being the alleged point of origin of this WHO-certified “pandemic”. In India too, as relentless efforts are underway to save lives and prevent complete socio-economic havoc, the virus continues to spread rampantly, positioning it among the most lethal threats to our current way of life.

An Overview

In view of the current scenario several economies across the world, including India (being the third largest economy in terms of GDP in Asia) have declared government enforced lockdowns as a mechanism to contain the spread of the virus, which is said to be highly contagious. However, these measures have brought several sectors of industry and human endeavor down to their knees due to dwindling (and practically non-existent) demand, supply chain bottlenecks and inadequate social infrastructure.

Probing the Effectiveness of pre-existing Laws

The modus operandi prescribed by the plan put into action has been called into question several times over the past few weeks. Indeed, it is essential to introspect whether government could have avoided the outbreak with better laws in place? Does the nation have a contingency plan for bracing a pandemic where approximately 22% of the population lies below the poverty line?

The answer to each of these questions lies rooted within the fact that even with a pandemic affecting a modern economy, the law that is seeking to protect us is colonial – The Indian Epidemic Act of 1897. While the current global situation is an unprecedented one it is essential to recognize that a government taking care of a population of 1.2 billon not having proper laws in place is nothing short of a monumental oversight.

The act is 123 years old, comprises of only 4 sections, and fails to define important phrases such as “dangerous”, “infectious”, “contagious” or even “epidemic”. The action taken by the government over-emphasizes the importance of isolation/quarantine but fails to provide adequate insight into scientific methods of prevention and control such as vaccination, surveillance and organized public health response. Further, it fails to highlight basic information on the distribution of drugs/vaccines, the regulation on transferring of biological samples and preventive steps that need to be undertaken during implementation of containment measures.

Questioning the short term efficacy of the methodologies adopted

Since the act does not provide the extent of right of individuals during a pandemic, one cannot decipher whether all the acts of the police are correct or if are they are exceeding their powers. There have been verified reports from across the nation of police personnel indulging in violent acts against civilians in the name of corrective measures and retribution.

There have also been instances where civilians have allegedly beaten the police force and medical workers (the case reported from Dharavi, Maharashtra and Patiala, Punjab). The punishment under the Indian Epidemic Act needs to be effectively modified to keep the public across socio-economic classes in check so as to assist containment and avoid bottlenecks. A wrongdoer under the act is punished under S. 188 of IPC with provides for simple imprisonment which may extend upto 1 month or a fine which could extend upto 200 rupees or both. Further if the disobedience causes danger to human life, safety then it would lead to imprisonment upto 6 months or a fine of one thousand rupees or both.

However, it is important to note that today not only S.188 but several other sections of the IPC are also being invoked as well as sections under the Disaster Management Act, 2005 to keep the people in check.

It is pertinent to note that a bill that sought to modernise and consolidate response to bio-terror incidents as well as medical disasters has been languishing with the government and has not yet been put to vote. Experts have noted the need for a comprehensive legislation that takes a holistic approach to the issue; and it is self-evident that such a legislation needs to address both the medical issues arising out of such a crisis as well as the economic ones.

The impact of policy decisions on the Economy

There are a large number of cases whose origin remains untraceable and therefore no individual can be blamed. Amidst the lockdown situation in the country migrant workers are seeking temporary remigration due to lack of payment, no new job prospects and lack of housing and sanitation facilities in their current dwellings. While the government initially failed to provide transport services for these daily wage workers, the police forces indulged in brute force when these workers took to the roads and began walking home. So whose fault is it?

Further a careful reading will show that neither S. 2 of the Indian Epidemic act nor the Disaster Management Act of 2005 empowers the State or Central Government to direct private employers to pay full wages to workmen during such times, which should have been included in the acts for their protection and survival. Further the same is necessary even for general understanding of the masses instead of issuing advisories time to time which cause further confusion.

The Finance Minister has announced a 1.7 lakh crore relief scheme for the poor and the Centre has given 11,092 crores to the states from the disaster management fund. The RBI has brought about changes in regulations where a moratorium of three months of EMI is announced on outstanding loans which will have no impact on credit score, the repo rate is cut by 7.5 basis points to 4.4 %, the reverse repo rate is reduced to 4% etc. Therefore while there is no denying that a commendable job is being done it is important to realize that what is being done is solely damage control due to absence of proper legislation.

In fact, Mr Shaktikanta Das the governor of RBI has predicted a big recession coming for the world; one that will overshadow both the Great Depression as well as the Crisis of 2008-09. He has said that India would not be immune to it and it would all depend on how India responds to the situation.

Considering the upcoming recession, governments across the globe have taken several measures to aid their public. In the US, President Trump has signed a bipartisan $2 trillion economic relief plan where people who are unemployed would get an extra $600 per week for upto 4 months on top of state unemployment benefits, US residents with adjusted gross income upto $75,000 would get a $1200 rebate payment, Health care providers would secure $100 billion in grants etc. Further, Singapore has passed a bill which is applicable to certain categories of contracts, for obligations to be performed on or after 1st February 2020 and contracts entered into before 25th March 2020. It provides a relief for 6 months, with a possibility of extension for a further 6 months. In addition, The Monetary Authority of Singapore (MAS) has eased its policy stance by setting the Singapore dollar's rate of appreciation at zero per cent at the prevailing lower level of its exchange rate policy band as the economy braces for a deep recession.

Final Takeaways:

• The Disaster Management Act 2005 was never designated to cover health emergencies as the definition of disaster under S. 2(d) does not include the term medical emergency except by a loose interpretation.
• The Indian Epidemic Act 1897 was proposed to be repealed by the Public Health (Prevention, Control and Management of Epidemics, Bio-terrorism and Disasters) Bill 2017 which has not yet been formally discussed by the Parliament. The draft bill provides clearer terms for empowering officials of district or local authorities, prohibiting activity likely to be inimical to public health, order detention of persons travelling or intending to travel carrying any bio-hazardous material, quarantining or restricting movement of people exposed to any such disease stated in the order etc. The bill if passed would be extremely helpful today.

And therefore, in conclusion, even if we get though this situation we need to make groundbreaking changes to our laws to brace any such future catastrophes.