ANSWER TO QUESTIONS
Q. Which act covers pandemic in india?
A. https://www.bbc.com/news/world-51839944 - A pandemic is
a disease that is spreading in multiple countries
around the world at the same time. WHO chief Dr
Tedros Adhanom Ghebreyesus said the number of
cases outside China had increased 13-fold in two
weeks. He said he was "deeply concerned" by
"alarming levels of inaction". What did the WHO say?
Dr Tedros said that calling the outbreak a pandemic did not
mean the WHO was changing its advice about what countries
should do.
He called on governments to change the course of the
outbreak by taking "urgent and aggressive action".
"Several countries have demonstrated that this virus can be
suppressed and controlled," he said.
"The challenge for many countries who are now dealing with
large clusters or community transmission is not whether they
can do the same - it's whether they will. His appeal was
followed by countries like Denmark which has decided to
close all schools and universities from Friday and will send
back all public sector employees who are not in a critical role
in the upcoming days.
ACT IN INDIA WHICH COVERS A PANDEMIC -:
https://www.loc.gov/law/help/health-emergencies/india.php - India’s
Central Government and state governments are empowered to regulate
health-related matters. The Epidemic Diseases Act is the main
legislative framework at the central level for the prevention and spread
of dangerous epidemic diseases. The Act empowers the central
government to take necessary measures to deal with dangerous epidemic
disease at ports of entry and exit. The Act also empowers the states to
take special measures or promulgate regulations to deal with epidemics
within their state jurisdictions. In such emergencies the states delegate
some of these powers to the deputy commissioners in the districts,
typically through state health acts or municipal corporation acts. Thus,
responsibility for directly addressing the crisis rests with the deputy
commissioner at the district level.
A. Union Laws
1. Epidemic Diseases Act
The preamble to the 1897 Epidemic Diseases Act states that its objective
is to provide for better prevention of the spread of dangerous epidemic
diseases. The Epidemic Diseases Act empowers the state governments
and the central government to take measures as may be warranted or
necessary to control the further spread of disease. Thus, any state
government, when satisfied that any part of its territory is threatened with
an outbreak of a dangerous disease, may adopt or authorize all measures,
including quarantine, to prevent the outbreak of the disease. Similarly,
the central government, when satisfied that there is an imminent threat of
an outbreak of an epidemic disease and that the provisions of the law at
that time are insufficient to prevent such an outbreak, may take measures
and prescribe regulations allowing for the inspection of any ship or vessel
leaving or arriving at any port and for the detention of any person
arriving or intending to sail.
In recent years, the Epidemic Disease Act 1897 was invoked by a
number of states in India to deal with the pandemic H1N1 (“swine
flu”) influenza and other communicable diseases.
Link to the act
https://indiacode.nic.in/bitstream/123456789/10469/1/the_epidemic_diseases_act
%2C_1897.pdf
2. Quarantine of Visitors
For people entering India from abroad, a health officer appointed
by the central government is posted at the port of entry
(AIRCRAFTS ACT 1934 AND INDIAN AIRCRAFT PUBLIC
HEALTH RULES 1954 R2(8). ) Upon being satisfied that a ship or
aircraft is in compliance with the health regulations, the health
officer grants pratique to the vessel or aircraft for landing. The
health officer may demand to see the aircraft journey log book,
which shows the places the aircraft visited. He may also inspect
the aircraft, its passengers, and its crew, and subject them to
medical examinations after their arrival. The officer must follow
specific precautions with regard to communicable diseases that
require a period of quarantine (such as yellow fever, plague,
cholera, smallpox, typhus, and relapsing fever) and other
infectious diseases that do not require a period of quarantine.
B. State Laws
In order to prevent the outbreak of smallpox, states have enacted
laws in their territories for the vaccination of children under thirteen
years of age. For example, the Punjab Vaccination Act 1954 makes
primary vaccination and revaccination of children compulsory
throughout the state. Where the state’s Superintendent of
Vaccination has reasons to believe that a child was not vaccinated,
he may serve notice on the guardian of the child, requiring him to
bring the child for vaccination. Upon failure to comply with the notice,
a district magistrate may summon the guardian and demand an
explanation for noncompliance with the Superintendent’s notice. If
the explanation is not satisfactory, the district magistrate may require
him to produce the child for vaccination and also produce a
certification of such vaccination within the period specified.
https://www.indiatoday.in/india/story/karnataka-govt-invokes-sections-of-epidemic-
diseases-act-in-form-of-covid-19-rules-2020-1654567-2020-03-11
https://indianexpress.com/article/explained/explained-what-is-the-epidemic-act-of-
1897-govt-has-invoked-to-fight-coronavirus-6309925/ - On Wednesday (March 11),
it was decided in a Cabinet Secretary meeting that states and Union Territories should
invoke provisions of Section 2 of Epidemic Diseases Act, 1897, so that Health
Ministry advisories are enforceable. The Epidemic Diseases Act is routinely enforced
across the country for dealing with outbreaks of diseases such as swine flu, dengue,
and cholera.
https://indianexpress.com/article/explained/pandemic-
explained-who-novel-coronavirus-covid19-what-is-a-
pandemic-6309727/ - Coronavirus a pandemic: What changes?
In a way, not much. Declaring the disease a pandemic won’t mean the WHO gets more
funds or more powers to fight it. However, the declaration is a formal announcement that
the WHO assesses the impact of COVID 19 to have reached a new level.
