Law Commission of India Reviews Epidemic Diseases Act, 1897
The 22nd Law Commission of India submitted Report No. 286 titled “A Comprehensive Review of the Epidemic Diseases Act, 1897” to the Government of India.
The COVID-19 pandemic created significant challenges for Indian health infrastructure. While the government acted swiftly, it revealed limitations within the existing legal framework for health under India’s Epidemic Diseases Act.
Initially, the government imposed lockdowns under the Disaster Management Act, 2005. To better address immediate challenges, especially for healthcare workers, Parliament amended the said act in 2020. These amendments were crucial for adapting India’s antiquated Epidemic Diseases Act to contemporary needs.
In our highly globalized world, future epidemic outbreaks remain a real threat. The right to health is a fundamental right under Article 21 of the Constitution. Therefore, the state must ensure citizens’ access to health services according to the standards set by India’s Epidemic Diseases Act, 1897.
The Law Commission emphasizes the need to strengthen laws to handle potential health emergencies effectively. They believe existing legislation inadequately addresses the containment and management of future epidemics since new infectious diseases may arise. Thus, enhancing this act is essential.
To this end, the Law Commission conducted an extensive review of the current legal framework. They recommended either amending existing laws or enacting comprehensive new legislation to fill the gaps in India’s Epidemic Diseases Act.
This proactive approach aims to safeguard public health in future health crises.
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