HEALTH law

ASSIGNMENT

Topic :- EPIDEMIC DISEASES

ACT, 1897.

SUBMITTED BY :- SUBMITTED TO :-

NAME : - AVINASH KUMAR MISHRA Prof. GHULAM YAZDANI SIR

Enrol. No. : - 14-0292

COURSE : - B.A.LL.B (HONS) (4TH YEAR)

SEMESTER : - 8TH

SECTION :- A
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 ACKNOWLEDGEMENT

I am using this opportunity to express my gratitude to everyone who

supported me throughout the course of this HEALTH LAW ASSIGNMENT. I
am thankful for their aspiring guidance, invaluably constructive criticism and
friendly advice during the project work. I am sincerely grateful to them for sharing
their truthful and illuminating views on a number of issues related to the project.

I express my warm thanks to my Prof. GHULAM YAZDANI SIR for his

lecture on my assignment topic in the class.

I also take this opportunity to thank the staff of JAMIA MILIA ISLAMIA
who supported me very much in making of this project specially the LIBRARY
members who provided me the right book.

Lastly I want to thank my friends and family who are with me and supported
me whenever I needed to complete this project, and without whose help this
assignment might not be so fruitful.

Thank you,

AVINASH KUMAR MISHRA

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 TABLE OF CONTENTS: -

1. INTRODUCTION
Epidemic
Causes
Transmission
2. PUBLIC HEALTH

3. THE EPIDEMIC DISEASES ACT , 1897.

4. Power of STATE and CENTRAL Government.

5. RELEVENCE IN CURRENT SCENARIO

6. CURRENT CHALLENGES

7. MAJOR LIMITATIONS
8. PUBLILC HEALTH BILL 2017

9. LEADING CASE LAWS

10. CONCLUSION

INTRODUCTION:-
Epidemic
An epidemic (from Greek epi "upon or above" and demos "people") is the rapid
spread of infectious disease to a large number of people in a given population
within a short period of time, usually two weeks or less. For example,
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in meningococcal infections, an attack rate in excess of 15 cases per 100,000
people for two consecutive weeks is considered an epidemic.

Epidemics of infectious disease, are generally caused by several factors including a

change in the ecology of the host population (e.g. increased stress or increase in the
density of a vector species), a genetic change in the pathogen reservoir or the
introduction of an emerging pathogen to a host population (by movement of
pathogen or host).

An epidemic may be restricted to one location; however, if it spreads to other

countries or continents and affects a substantial number of people, it may be
termed a pandemic.

Causes

There are several changes that may occur in an infectious agent that may trigger an
epidemic. These include:

 Increased virulence

 Introduction into a novel setting

 Changes in host susceptibility to the infectious agent

For example, whooping-cough occurs in spring, whereas measles produces two

epidemics, one in winter and one in March. Influenza, the common cold, and other
infections of the upper respiratory tract, such as sore throat, occur predominantly in
the winter. There is another variation, both as regards the number of people
affected and the number who die in successive epidemics: the severity of
successive epidemics rises and falls over periods of five or ten years.

Transmission:-
 Airborne transmission: Airborne transmission is the spread of infection by
droplet nuclei or dust in the air.

 Arthropod transmission: Arthropod transmission takes place by an insect,

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  Biological transmission: Involving a biological process, e.g. passing a stage
of development of the infecting agent in an intermediate host. Opposite to
mechanical transmission.

 Colostral transmission: A form of vertical transmission via successive

generations.

 Contact transmission: The disease agent is transferred directly by biting,

sucking, chewing or indirectly by inhalation of droplets, drinking of
contaminated water, traveling in contaminated vehicles.

 Cyclopropagative transmission: The agent undergoes both development and

multiplication in the transmitting vehicle.

 Developmental transmission: The agent undergoes some development in the

transmission vehicle.

 Fecal-oral transmission: The infectious agent is shed by the infected host in

feces and acquired by the susceptible host through ingestion of contaminated
material.

 Horizontal transmission: Lateral spread to others in the same group and at

the same time; spread to contemporaries.

 Mechanical transmission: The transmitter is not infected in that tissues are

not invaded and the agent does not multiply.

 Propagative transmission: The agent multiplies in the transmission vehicle.

 Vertical transmission: From one generation to the next, perhaps

transovarially or by intrauterine infection of the fetus. Some retroviruses are
transmitted in the germ line, i.e. their genetic material is integrated into the
DNA of either the ovum or sperm.

Public health
Public health is "the science and art of preventing disease, prolonging life and
promoting human health through organized efforts and informed choices of
society, organizations, public and private, communities and individuals."
Analyzing the health of a population and the threats is the basis for public health.
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The "public" in question can be as small as a handful of people, an entire village or
it can be as large as several continents, in the case of a pandemic. "Health" takes
into account physical, mental and social well-being. It is not merely the absence of
disease or infirmity, according to the World Health Organization. Public health is
interdisciplinary. For example, epidemiology, biostatistics and health services are
all relevant. Environmental health, community health, behavioral health, health
economics, public policy, mental health and occupational safety are other
important subfields.

THE EPIDEMIC DISEASES ACT, 1897

ACT NO.3 OF 1897 1

An Act to provide for the better prevention of the spread of Dangerous

Epidemic Diseases.

The Epidemic Diseases Act came into force on February 4, 1897 as a response
to the plague epidemic in Bombay. This act confined plague to Bombay by a series
of tough measures which prevented crowds from gathering. This Act has four
sections, the first section describes the title and the extent, the second section
empowers state and central government to take special measures and prescribe
regulations that are to be observed by public to contain the spread of disease. The
third section defines penalty for violating the regulations, whereas the fourth
section gives legal protection to persons acting under the act.

STATEMENT OF OBJECTS AND REASONS :-

"The object of the Bill is sufficiently explained by the title thereof and the spread
of the bubonic plague from Bombay unfortunately renders it unnecessary to dwell
on the reasons for its introductions in Council. It may however be stated that its

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main provisions are based upon those contained in Sections 4.34 and 47.1 of the
City of Bombay Municipal Act, 1888".

PREAMBLE :-
WHEAREAS it is expedient to provided for the better prevention of the spread of
dangerous epidemic disease ; It is hereby enacted as follows :--

1.Short title and extent

(1) This Act may be called the Epidemic Diseases Act, 1897.

(2) It extends to the whole of India except ''Part B States''. [the territories which,
immediately before the 1st November, 1956, were comprised in Part B States.]

2.Power to take special measures and prescribe regulations as to dangerous

epidemic diseases

(1) When at any time the State Government is satisfied that ''India' or any part
thereof is visited by, or threatened with, an outbreak of any dangerous epidemic
disease, he thinks that the ordinary provisions of the law for the time being in force
are in sufficient for the purpose, may take, or require or empower any person to
take, such measures and, by public notice, prescribe such temporary regulations to
be observed by the public or by any person or class of persons as shall deem
necessary to prevent the outbreak of such disease or the spread thereof, and may
determine in what manner and by whom any expenses incurred shall be defrayed.

(2) In particular and without prejudice to the generality of the foregoing

provisions, the State Government may take measures and prescribe regulations for-

(b) the inspection of persons travelling by railway or otherwise, and the

segregation, in hospital, temporary accommodation or otherwise, of persons
suspected by the inspecting officer of being infected with any such disease.

2A. Power of Central Government.-

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When the Central Government is satisfied that Indian or any part thereof is visited
by, or threatened with, an outbreak of any dangerous epidemic disease and that the
ordinary provisions of the law for the time being in force are insufficient to prevent
the outbreak of such disease or the spread thereof, the Central Government may
take measures and prescribe regulations for the inspection of any ship or vessel
leaving or arriving at any part in the territories to which this Act extends and for
such detention thereof, or of any person intending to sail therein, or arriving
thereby, as may be necessary.

3.Penalty

Any person disobeying any regulation or order made under this Act shall be
deemed to have committed an offence punishable under section 188 of the Indian
Penal Code.(45 of 1860).

4.Protection to persons acting under Act

No suit or other legal proceeding shall lie against any person for anything done or
in good faith intended to be done under this Act.

The Epidemic Diseases Act of 1897: public

health relevance in the current scenario.1
Recently, many states in India have invoked various provisions
of the Epidemic Diseases Act of 1897 to control communicable diseases. In this
context, the Act was reviewed with reference to its relevance in the current context
of surveillance and other relevant Acts and legislations at the national and
international levels. It is felt that the Act has major limitations in the current
scenario as it is outdated, merely regulatory and not rights-based, and lacks a focus
on the people. There is a need for an integrated, comprehensive, actionable and
relevant legal framework.

Whether sufficient to address the current challenges?

1
https://www.ncbi.nlm.nih.gov

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 In this age of noncommunicable diseases, communicable diseases still
contribute 30% of disease burden in India. Hundreds of epidemics occur each year
and we fail to respond and contain most of them. Apart from various biological and
behavioral public health interventions, we need to closely look at the structural
intervention, that is, the legal framework to review health system preparedness.
Although India has a number of legal mechanisms to support public health
measures in an epidemic situation, they are not being addressed under a single
legislation.

The Epidemic Act 1897 is a century old blunt act which needs a substantial
overhaul to counter the rising burden of infectious diseases both new and old.
Issues like definition of epidemic disease, territorial boundaries, ethics and human
rights principles, empowerment of officials, punishment, etc., need more
deliberations and warrant a relook.

Detailed analysis :-

India is witnessing epidemiological transition. In the 21 st century, the country is

facing dual burden of diseases. While struggling to combat the burden of
communicable diseases, our health system is challenged to address chronic
noncommunicable diseases. The burden and spectrum of infectious diseases are
enormous in India. They still contribute about 30% of disease burden in India.
Epidemics of communicable diseases impose a heavy economic burden on
individuals, families, communities, and nation at large. We still are clueless while
handling influenza pandemics and struggle to contain them.

Major Limitations of the Act

Epidemic Act 1897 is an archaic framework, 121-year-old. The
century old Act over the years has accumulated quite a number of flaws which can
be attributed to the changing priorities in public health emergency management.

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Epidemic Act 1897 is silent on the definition of dangerous epidemic disease.
Moreover, it being a century old act, the territorial boundaries of the act needs a
relook. Apart from the isolation or quarantine measure the act is mum on the legal
framework of availability and distribution of vaccine and drugs and
implementation of response measures. There is no explicit reference pertaining to
the ethical aspects or human rights principles during a response to an epidemic.

Although India has a number of legal mechanisms to support public health

measures in an epidemic situation, they are not being addressed under a single
legislation. There is an urgent need to assemble all the provisions in one over-
arching public health legislation, so that the implementation of the responses to an
epidemic can be effectively monitored.

Renovation Of Epidemic Diseases Act By Introduction Of

Draft Public Health Bill 2017

The draft Public Health (Prevention, Control and Management of Epidemics, Bio-
Terrorism and Disasters) Bill, 2017 has been released by the Ministry of Health
and Family Welfare.

What is the need for the bill:

The draft Bill seeks to repeal the Epidemic Diseases Act, 1897 as it is incomplete
or fails to address a number of flaws caused by changed priorities in public health
emergency management. For instance, Epidemic Act 1897 is silent on the
definition of dangerous epidemic disease.

Moreover, it being a century old act, the territorial boundaries of the act needs a
relook.

Features of the draft bill:

The draft Bill defines public health emergency as any sudden state of danger to
public health including:

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•Extension or spread of any infectious or contagious disease infestations in
humans.

•Pests affecting humans, animals or plant.

•Occurrence of or threat of dangerous epidemic disease, and Disaster or bio-

terrorism or potential public health emergency requiring immediate action for its
prevention, control and management.

•The proposed bill lists 33 epidemic- prone diseases which include Anthrax, bird
flu, dengue, HIV/AIDS, yellow fever, rabies, plague, measles, Kala-azar among
others.

•The draft also lists potential bioterrorism agents including bacteria of typhoid
fever, cholera, and plague among others, and viruses including Ebola, dengue,
Japanese Encephalitis and others.

•The bill also outlines the powers of central, state and local authorities to take
appropriate actions to tackle public health emergencies like epidemics and
bioterrorism

•The ministry has proposed any intentional violation of any provision under the
Act will be consignable offence and punishable with a fine up to 50,000 for first
violation and up to 1 lakh for repetition.

LEADING CASE LAWS2 :-

Shakuntala P. Devlekar Vs. Surat Municipal Corporation3

2
https://www.legalcrystal.com
3
(2003)4GLR154
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Court : Gujarat

It had been declared that the municipal area of the city of surat prone to pneumonic
plague. On the basis of further information, the collector, in exercise of powers
under the epidemic diseases act, 1897, declared the entire area of the surat
municipal corporation as affected by plague and the declaration was to be effective
till 30-11-1994. this declaration was published in ..... the newspapers on 25th
september 1994. under section 2 of the epidemic diseases act, 1897, when at any
time the state government is satisfied that the state or any part thereof is visited by,
or threatened with, an outbreak of any dangerous ..... the state government, to
compel the employees to report to duty as that was obviously necessary to prevent
the spread of the dangerous disease which was assuming epidemic form. this
power stands independent of section 62 of the said act and the argument on the
basis of the notification under section 62 ignoring the other notification issued by
the state government under section ..... , all municipal services became essential
services as a special measure taken under section 319 read with rule 53 of the said
act. when epidemic breaks out and the fundamental duty of the corporation is to
prevent and check the spread of dangerous disease and to provide public medical
relief, maintain hospitals and dispensaries, it becomes the basic duty of each
officer and employee .....

M. Vijaya Vs. Chairman and Managing Director, Singareni Collieries Co.4 ...

Court : Andhra Pradesh

Regarding public health act, there is no legislation in india regulating aids

prevention. likewise, decided cases dealing with the aids and aids patients and their
rights with reference to fundamental rights under the constitution ..... by reason of
such innocence he or she spreads the disease. do we have any law to deal with a
situation?49. epidemic diseases act, 1897 (act 3 of 1987) was enacted for the
prevention of the spread of dangerous epidemic diseases in the country. hiv-aids,
though not epidemic, is being more lethal than any other dangerous epidemic, in
our opinion; the state is vested with the power ..... . public health act, 1939 defines
certain diseases as infectious diseases and obliges the state to take all precautionary
steps in accordance with the said act. for obvious reasons, hiv-aids is not one of the

4
I(2002)ACC32
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identified diseases. till today, the state did not think it fit to identify hiv-aids as one
of the infectious diseases under the public health act.50. apart from the epidemic
diseases act, 1897 and .....

J. Choudhury Vs. the State5

Court : Orissa

The government of orissa had made certain regulations in exercise of the powers
conferred on them by section 2(1) of the epidemic diseases act 1897 for the
purpose of preventing the spread of cholera in puri district. paragraph 7 of the said
regulations is as follows:--'7. every person, the parent or guardian of ..... of 6
months prior to 4-7-1959.4. the main contention raised on behalf of the petitioner
by mr. misra was that by the passing of the orissa homoeopathic act, 1958,
homoeopathy has become one of the recognised system of medicine in the state of
orissa and that consequently the taking of medicine taken under the homeo system,
which are ..... a sufficient compliance with the provisions of the said regulations.
he has not however been able to show that there is any provision either in the
homoeopathic act or in the rules made under that act, which expressly says that for
statutory purposes the taking of homoeopahic medicines, for the purpose of
protecting oneself against attacks of cholera, would be treated as .....

Ram Lall Mistry Vs. R.T. Greer6

Court : Kolkata

The defendant has, acting under the provisions of the epidemic diseases act of
1897, destroyed the property of the plaintiff. i need to now consider the facts of the
case, but three points of law have been raised before me.2. in the first place, is the

5
AIR1963Ori216; 1963CriLJ659
6
(1904)ILR31Cal829
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defendant protected under section 4 of the act, which provides in ..... but their
liability is to the magistrate, and there is no privity between them and the plaintiff.
it is proved that mr. greer is a magistrate acting in his administrative capacity under
the secretary of state, but i know of no principle by which this can exonerate mr.
greer from liability. i hold ..... hold therefore that section 4 gives the defendant no
ground of defence that that section applies. non-payment is not an omission within
section 4 of the act.5. the second question is whether the defendant is personally
liable. to my mind it is clear that that duty of paying adequate compensation (and
the ..... duty is thrown on him, namely, to pay adequate compensation under rule
14; and i cannot suppose the protection afforded to him by section 4 of the act can
extend to an omission to perform this duty. the case of jolliffe v. wallasey local
board (1873) l.r. 9 c.p. 162 has ..... dated 8th october 1900, in the calcutta gazette,
17th october 1900, page 1144.3. it is plain that the provision in section 4 of the act
is intended in the first place to protect a person in the defendant's position against
liability for irregularities that may occur in the proper performance of his .....

CONCLUSION:-

In a nut shell it can be said that epidemic disease or communicable disease both are
life hazarding need to be curbed so we need proper legislation to control these.
An epidemic diseases is the rapid spread of infectious disease to a large number
of people in a given population within a short period of time, usually two weeks or
less.

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Epidemics of infectious disease, are generally caused by several factors including a
change in the ecology of the host population (e.g. increased stress or increase in the
density of a vector species), a genetic change in the pathogen reservoir or the
introduction of an emerging pathogen to a host population (by movement of
pathogen or host).

The epidemic diseases act ,1897 is a very old act with old situation need to be
amended and to the best need to be changed it.

Thus it is far beyond doubt that this century old Act needs a complete overhaul to
cater to the changing public health priorities. Undeniably, the role of public health
specialists in this regard cannot be ruled out. The lawmakers can draw a leaf out of
the National Disaster Management Act 2005 (deals with public emergency) as it
clearly defines all the terms and has an explicit description of all the implementing
measures and agencies to be instituted in the event of any emergency.

BIBLILOGRAPHY
BOOKS REFERRED:-
1. Dr . Lily Srivastava,Law and Medicine, Universal Law Publishing, New Delhi.

2. The Epidemic Diseases Act,1897.

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WEBSITE :
1. https://www.legalcrystal.com

2. http://www.lawctopus.com

3. http://www.indiankanoon.com

4. http://www.academia.edu

5. https://www.ncbi.nlm.nih.gov

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