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{{short description|Act of the Parliament of India}}
{{Use dmy dates|date=June 2020}}
{{Use Indian English|date=June 2020}}
{{Infobox legislation
| short_title = Epidemic Diseases Act, 1897
| legislature =
| image = Emblem of India.svg
| imagesize = 100
| imagealt =
| caption =
| long_title = An Act to provide for the better prevention of the spread of Dangerous Epidemic Diseases
| citation = [https://indiacode.nic.in/bitstream/123456789/10469/1/the_epidemic_diseases_act%2C_1897.pdf Act No. 3 of 1897]
| territorial_extent = {{flag|India}}
| enacted_by = [[Imperial Legislative Council]] <br />(Now the powers of the act rest with [[Parliament of India]])
| date_enacted =
| date_assented =
| date_commenced =
| bill =
| bill_citation =
| bill_date =
| introduced_by =
| 1st_reading =
| 2nd_reading =
| 3rd_reading =
| committee_report =
| white_paper =
| repeals =
| amendments = Epidemic Diseases (Amendment) Ordinance, 2020<ref name=":3" /><ref>{{Cite web | url=https://www.jagranjosh.com/current-affairs/epidemic-act-amended-jail-term-up-to-7-years-for-any-violence-against-healthcare-workers-1587556928-1 | title=Epidemic Act amended: Penalty for any violence against health care workers increased to 7 years in Jail| date=23 April 2020}}</ref><br />This Act has also been amended in its application to various regions and states such as the Epidemic Diseases (Punjab Amendment) Act, 1944 etc. and the extended to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. etc.
| related_legislation =
| summary =
| keywords = epidemic, disease
| status = amended
| imagelink =
}}
The '''Epidemic Diseases Act, 1897''' is a law which was first enacted to tackle [[Bombay plague epidemic|bubonic plague]] in Mumbai (formerly Bombay) in former [[British India]].<ref>{{cite web|url=https://www.hindustantimes.com/analysis/the-legal-hole-in-battling-covid-19/story-s0VFHssIu68N01oHs5LgDI.html|title=The legal hole in battling Covid-19|last1=Tiwari|first1=Manish|date=19 March 2020|website=Hindustan Times|access-date=22 April 2020}}</ref> The law is meant for containment of [[Epidemic disease|epidemics]] by providing special powers that are required for the implementation of containment measures to control the spread of the disease.<ref name=":0">{{Cite news|url=https://economictimes.indiatimes.com/news/politics-and-nation/the-123-year-old-law-that-india-may-invoke-as-more-and-more-coronavirus-cases-emerge/articleshow/74593639.cms|title=The 123-year-old law that India may invoke to counter coronavirus|date=2020-03-12|work=The Economic Times|access-date=2020-03-12}}</ref><ref name=":1">{{Cite web|url=https://www.thehindubusinessline.com/news/national/centre-invokes-epidemic-act-and-disaster-management-act-to-prevent-spread-of-coronavirus/article31049161.ece|title=Centre invokes 'Epidemic Act' and 'Disaster Management Act' to prevent spread of coronavirus|last1=Awasthi|first1=Prashasti|website=@businessline|language=en|access-date=2020-03-15}}</ref>

== Legal provisions ==
Section 2 of the Act reads:<ref>{{harvp|Government of India|1897|loc=}}</ref><ref name=":0" /><ref name=":1" />

{{Quote|text='''2. Power to take special measures and prescribe regulations as to dangerous epidemic disease'''
: (1) 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 epidemic disease, the [State Government], if [it] thinks that the ordinary provisions of the law for the time being in force are insufficient 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 [it] 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 (including compensation if any) shall be defrayed.
'''2A. Powers of Central Government'''
: When the Central Government is satisfied that India 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 port 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.|author=|title=|source=}}

== 2020 Amendments ==
On 22 April 2020, the Government of India announced the promulgation of an [[Ordinance (India)|ordinance]], 'The Epidemic Diseases (Amendment) Ordinance 2020', to amend the act, adding provisions to punish those attacking doctors or health workers.<ref name=":3">{{Citation|last=Ministry of Law and Justice|title=The Epidemic Diseases (Amendment) Ordinance, 2020|date=22 April 2020|url=http://egazette.nic.in/WriteReadData/2020/219108.pdf|publisher=The Gazette of India, Government of India|author-link=Ministry of Law and Justice (India)}}</ref><ref>{{Cite web|url=https://www.businesstoday.in/current/economy-politics/coronavirus-crisis-govt-clears-ordinance-on-protecting-health-workers-from-attacks/story/401699.html|title=Coronavirus crisis: Govt brings in ordinance; up to 7-year jail for attacking health workers|date=22 April 2020|website=Business Today|access-date=2020-04-22}}</ref> The ordinance allows for up to seven years of jail for attacking doctors or health workers (including [[ASHA worker]]s). The offense will be [[Cognisable offence|cognizable]] and non-bailable among other things.<ref>{{Cite web|url=https://www.financialexpress.com/india-news/coronavirus-pandemic-up-to-7-years-in-jail-for-attack-on-doctors-health-workers-centre-to-bring-ordinance/1936454/|title=Coronavirus pandemic: Up to 7 years in jail for attack on doctors, health workers; Centre brings ordinance|date=22 April 2020|website=The Financial Express|language=en-US|access-date=2020-04-22}}</ref><ref>{{Cite web|url=https://www.jagranjosh.com/current-affairs/epidemic-act-amended-jail-term-up-to-7-years-for-any-violence-against-healthcare-workers-1587556928-1|title=Epidemic Act amended: Penalty for any violence against health care workers increased to 7 years in Jail|last1=Nair|first1=Sangeeta|date=23 April 2020|website=Jagran Josh|access-date=25 April 2020}}</ref> In addition to this, such cases need to be investigated in a time-bound and must be resolved in a year. Also, the law specifies that the guilty will have to pay twice the market value of the damaged property as compensation for damaging the assets of health care staff including vehicles and clinics.<ref>{{Cite web|url=http://www.mondaq.com/india/employment-and-workforce-wellbeing/941818/epidemic-diseases-amendment-ordinance-2020-receives-presidential-assent-|title = Epidemic Diseases (Amendment) Ordinance, 2020 Receives Presidential Assent - Coronavirus (COVID-19) - India}}</ref>

The bill was introduced by the Minister of Health and Family Affairs, [[Harsh Vardhan (Delhi politician)|Harsh Vardhan]]. The [[Rajya Sabha]] approved the bill on 19 September 2020 and the [[Lok Sabha]] on 21 September 2020.

== Invocations ==
The Act has been routinely used to contain various diseases in India such as [[Swine influenza|swine flu]], [[cholera]], [[malaria]] and [[Dengue virus|dengue]].<ref name=":2">{{Cite web|date=2020-03-14|others=IANS|title=A 123-yr-old Act to combat coronavirus in India; experts say nothing wrong|url=https://www.livemint.com/news/india/a-123-yr-old-act-to-combat-coronavirus-in-india-experts-say-nothing-wrong-11584182501707.html|access-date=2020-03-15|website=Livemint|language=en}}</ref> 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.<ref name=":2" />

Following the [[COVID-19 pandemic in India|COVID-19 pandemic]] the [[Cabinet Secretary of India]] on 11 March 2020 announced that all states and [[Union territory|Union territories]] should invoke provisions of Section 2 of the Epidemic Diseases Act, 1897.<ref>{{Cite web|url=https://www.firstpost.com/health/to-combat-coronavirus-india-invokes-provisions-of-colonial-era-epidemic-act-all-you-need-to-know-8142601.html|title=To combat coronavirus, India invokes provisions of colonial-era Epidemic Diseases Act: A look at what this means|date=12 March 2020|website=Firstpost|access-date=2020-03-12}}</ref> Since March 2020, the act is being enforced across India in order to limit the spread of [[COVID-19]].<ref name=":2" />

== References ==

{{reflist}}

== Bibliography ==
* {{Citation|last=Government of India|title=The Epidemic Diseases Act, 1897|date=1897|url=https://www.indiacode.nic.in/bitstream/123456789/2326/1/A1897_03.pdf|orig-year=1897|publisher=India Code, [[National Informatics Centre]]}}
* {{Citation|last=Ministry of Law and Justice|title=The Epidemic Diseases (Amendment) Ordinance, 2020|date=22 April 2020|url=http://egazette.nic.in/WriteReadData/2020/219108.pdf|publisher=The Gazette of India, Government of India|author-link=Ministry of Law and Justice (India)}}

{{Indian legislation}}

[[Category:Law in India]]
[[Category:1897 in India]]
[[Category:1897 in law]]
[[Category:COVID-19 pandemic in India]]
[[Category:Law associated with the COVID-19 pandemic]]

Epidemic Diseases Act, 1897 - Revision history

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