EPIDEMIC ACT OF 1897: A NEED FOR AMENDMENT?
Deepali Mahawar
(B.B.A. LL.B – 4TH YEAR, BVDU)
Abstract
Currently, in India there has been a huge impact of COVID-19 all over the country.
Large number of people has lost their lives, not only the carriers but certain doctors
have also lost their lives as it is a dangerous communicable disease. Epidemic Act of
1897 is one of the shortest Acts and can only deal with limited circumstances. The Act
lacks in accordance with the current scenario because it is outdated, and has not been
regulated from a quite long time and it also lacks attention of the citizens of India.
Several Medical Workers as well as soldiers are facing violence in our country; they
are the one who are working on a daily basis with a great risk to ensure the safety of
the country and for the well being of the citizens of the country. This paper mainly talks
about why there is an urgent need for the amendment of this particular Act and why
there is a need for separate and stringent provision for the same.
Introduction-
In this period of COVID-19 pandemic, which has imposed certain restrictions on the lifestyles of
people, Indian Government has taken certain steps and measures to avoid mass spread of the
dangerous epidemic disease. The definition or description of a “dangerous epidemic disease” is
not provided in the Act. It is essential to know who decides on what a “dangerously epidemic
disease” is and what criteria the definition is based on, if we are to prevent misuse of the Act and
also for transparency.1
This Act came into force due to the spread of bubonic plague in Mumbai which was spread
through rats, and killed hundreds of people every week.2 Indian Government is using this Act as
a weapon to fight against the virus. It gives limited power to the Central Government. States
follow certain guidelines imposed by the Central Government and passes regulation keeping in
1 Rakesh PS, “The Epidemic Diseases Act of 1897: public health relevance in the current scenario”, Indian Journal
of Medical Ethics.
2 Ankoosh Mehta, “Epidemic Diseases Act 1897- Dusting an Old Cloak”, A Cyril Amarchand Mangaldas Blog.
