What TV doesn't, print can't; we deliver.
What TV doesn't, print can't; we deliver.
The Law Commission’s report serves as a timely and invaluable contribution to the ongoing discourse on the imperative of a robust legal framework to address epidemics in India.
The COVID-19 pandemic has laid bare the inadequacies of India’s legal framework in effectively addressing the challenges posed by public health emergencies. The Epidemic Diseases Act of 1897, a relic from the British colonial era designed to combat the bubonic plague, is antiquated, ambiguous, and ill-suited to tackle the complexities of modern-day epidemics. While the amendment to the Act in 2020 was a step in the right direction, primarily aimed at safeguarding healthcare workers from violence, it falls short of addressing the glaring gaps and deficiencies in the legislation.
In a commendable move, the Law Commission of India has recently recommended the abolition of the Epidemic Diseases Act and the introduction of a new, comprehensive legislation tailored to empower authorities in containing the spread of COVID-like pandemics. Presented to the government on February 7, 2024, the report underscores the imperative of revisiting and fortifying the legal framework, given the ever-looming threat of future epidemics. Moreover, it advocates for the development of a nationwide epidemic plan, devised in collaboration with states and experts, to ensure a coordinated and effective response to outbreaks across the country.
Crucially, the proposed legislation, as outlined in the report, should be underpinned by principles of human rights, public health ethics, evidence-based decision-making, transparency, accountability, and participatory governance. It must delineate the roles and responsibilities of central and state governments, as well as local authorities, in preempting, detecting, responding to, and managing epidemics. Additionally, it should codify the powers and obligations of public health officials, healthcare providers, the private sector, and civil society, while stipulating criteria and procedures for epidemic declaration, imposition of restrictions, enforcement of compliance, and imposition of penalties. Furthermore, the new law must ensure the protection of the rights and interests of affected individuals, including access to information, healthcare, social security, and legal recourse, while fostering coordination, cooperation, and adherence to international obligations and commitments.
The Law Commission’s report serves as a timely and invaluable contribution to the ongoing discourse on the imperative of a robust legal framework to address epidemics in India. It behoves the government to heed the recommendations and expedite the process of drafting and enacting the proposed legislation without delay. The harsh lessons imparted by the COVID-19 crisis underscore the urgency of shoring up our defences against such grave threats to health, economy, and society. Indeed, a new law tailored to the demands of the contemporary era of epidemics is not only imperative but also an indispensable safeguard for the well-being and resilience of the nation.
