Indian Epidemic Diseases Act, 1897: A Critical Study Vis a vis Fundamental Rights

International Journal of Research and Scientific Innovation (IJRSI) | Volume VII, Issue V, May 2020 | ISSN 2321–2705

Indian Epidemic Diseases Act, 1897: A Critical Study Vis a vis Fundamental Rights

Sidhi Pramodh Rayudu Burujupati, Kirti Sharma
Hidayatullah National Law University, Naya Raipur, Chhattisgarh, 493661, India

Abstract – Communicable diseases contribute 30% of disease burden in India. Multiple epidemics happen every year and yet we fail to respond and contain most them effectively. Apart from various behavioral public health interventions, we need to have a close look at the structural intervention i.e. the legal framework to analyze the preparedness of Indian health system. Although India has multiple legal mechanism, it lacks a unified law under a single legislation.
The Epidemic Act 1897 is a 123-year-old blunt act which needs to be substantially overhauled to effectively counter the burden of infectious diseases both new and re-emerging. Issues like definitions of epidemic disease, ethics and human rights principles, empowerment of officials, punishment, etc., which need to undergo deliberations and warrant a relook have been discussed in this paper. Exploration of the possibilities under the Indian Constitutional Scheme that would lay down a pathway for creating a harmonious legislation between the Disease control Acts and the Fundamental Rights and with a liberalistic philosophical approach is the goal of this paper.

Keywords: Epidemic Act, Human Rights, Pandemic, Fundamental Rights, Health Policy.

I. INTRODUCTION

One of the crises that we have to deal with is a crisis of law enforcement officials that are not physically capable enough to handle without taking out the gun.

— Niger Innis

A. Definition of Dangerous Epidemic Diseases

The term ‘Epidemic Disease’ refers to the communicable or infectious disease which surface or re-surface in a region.
An epidemic can be defined as the phenomena in which there is an unusual and atypical increase in the number of cases of an infectious disease. The infectious disease must be existing in a specific region or demographic section. It can be considered as an epidemic if there is an atypical rise of cases a certain infectious disease in population or region which, specifically if the disease is not native to. Epidemics can result from natural disasters like floods, tropical storms, droughts; earthquakes and they are their affect is not confined to Human beings. Animals also have the possibility to be affected by epidemic diseases or may act as carriers.

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