Invoking the Epidemic Diseases Act, 1897 in Light of the Epidemic Diseases (Amendment) Ordinance, 2020

Legal India, 2020

4 Pages Posted: 28 Jun 2020

See all articles by Harshita Palrecha

Harshita Palrecha

University of Mumbai, Law Academy

Dhruv Nyayadhish

University of Mumbai, Law Academy

Date Written: June 12, 2020

Abstract

The outbreak of the novel coronavirus demanded the invokement of the epidemic diseases act to combat the crises and provide a legal substance in enforcing rules and regulations. In times of such despair, the Epidemic diseases act, an act legislated in the pre-constitutional era came to the rescue. This paper analyses the provisions of the act and pitfalls faced in light of new challenges and the need to reform the act by inserting new provisions to better capture the modern-day challenges. This paper also deals with the Epidemic Diseases (amendment) ordinance, 2020 which received the assent of the president on April 23rd, 2020 which provided for stricter punishments for attacks against health workers, increased compensation, to make the offences cognizable and non-bailable among other things. This article seeks to establish whether the act and in addition to the new amendment is sufficient to combat current and future crises of similar nature to the novel coronavirus.

Keywords: Epidemic Disease, COVID-19, Coronavirus, Health Care Professionals

Suggested Citation

Palrecha, Harshita and Nyayadhish, Dhruv, Invoking the Epidemic Diseases Act, 1897 in Light of the Epidemic Diseases (Amendment) Ordinance, 2020 (June 12, 2020). Legal India, 2020, Available at SSRN: https://ssrn.com/abstract=3627581

Harshita Palrecha

University of Mumbai, Law Academy ( email )

India

Dhruv Nyayadhish (Contact Author)

University of Mumbai, Law Academy ( email )

India

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