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What is The Epidemic Diseases Act, 1897

Epidemic Diseases Act

Following the 2019–20 coronavirus pandemic the Cabinet Secretary of India on 11 March 2020 announced that all states and UTs should invoke provisions of Section 2 of the Epidemic Diseases Act, 1897.

What is The Epidemic Diseases Act, 1897

The Epidemic Diseases Act, 1897 is a law which was first enacted to tackle bubonic plague in Bombay state in former British India. The law is meant for containment of epidemics by providing special powers that are required for the implementation of containment measures to control the spread of the disease.

The Act has been routinely used to contain various diseases in India such as swine flu, cholera, malaria and dengue. In 2018 the Act was enforced as cholera began to spread in a region of Gujarat. In 2015, it was used to deal with dengue and malaria in Chandigarh and in 2009 it was invoked in Pune to combat swine flu. Currently, it is being used to control the spread of COVID 19 (novel CoronaVirus)

On March 11, the central government had asked states and Union territories to invoke the Epidemic Diseases Act, 1897 to ensure that the advisories from the Union Health ministry can be enforced in places affected by the COVID-19 outbreak. The Maharashtra government enforced the Act on the midnight of March 13.

The Act, among other things, states that any person violating the orders of the government will be punished under Section 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code. It also gives legal protection to officials who are implementing it.

Connection with Modern Indian History:

To control the spread of the disease, special powers were needed and the British rulers enacted the law giving extraordinary powers to officials. A Special Plague Committees was established with ICS officer WC Rand as its head. No one will disagree that among common people, hygiene was an issue. While the law was a necessity, but the way British officers and soldiers implemented the Act was brutal and inhuman at times. In spite of voices raised at the time by people, including Lokmanya Bal Gangadhar Tilak, the practice continued. The anger among people led to Chapekar brothers assassinating Rand. There can be different opinions about whether what Chapekar brothers did was right or wrong. It certainly was an expression of a populace living under a foreign rule.”

On the night of June 22, 1897, three Chapekar brothers — Damodar, Balkrushna and Vasudeo — shot at Rand after he was returning along with his military escort from the celebration of Diamond Jubilee of the coronation of Queen Victoria. The celebrations were held on the campus of government house that now has Pune University campus on it and the incident had taken place on today’s Ganeshkhind Road.

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