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The 123 years old Epidemic Diseases Act, 1897 is a special law invoked by the Governments of States and Center to combat the threat of COVID-19, commonly called Coronavirus, empowering the government to adopt special measures and enforce stringent policies to put a stop on the outbreak of any dangerous infectious disease.
The Epidemic Diseases Act is a law which was first enacted to tackle Bubonic plague in Bombay in former British-occupied India.
The Cabinet Secretary of India on 11th March announced that every State and Union territory should invoke provisions of Section 2 of the above said Act, regarding the matter of 2019-20 Coronavirus pandemic.
Section 2 of the Act states that when at any time the regime is satisfied that the State or any part thereof is visited by, or threatened with, an epidemic of any dangerous infectious disease, the government, if it thinks that the usual provisions of the law for the prsent in effect are insufficient for the goal, may take, or require or empower any individual to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the general public or by any individual or class of persons because it shall deem necessary to stop the outbreak of such disease or the spread thereof, and will determine in what manner and by whom any expenses incurred and/ or compensation shall be defrayed.
Section 4 of the Act states that no suit or other legal proceedings shall lie against any individual for anything done with bonafide intention under the Act.
The description of a 'dangerous epidemic disease' has not been defined within the Act. No clear definition is provided whether an outbreak is dangerous on the grounds of the magnitude of the problem, the severity of the matter in question, the age of the population affected or its potential to spread internationally.
There is a criticism that the Act is solely regulatory in nature, lacking a particular public health focus.
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