The Epidemic Diseases Act

With the Government invoking the Epidemic Diseases Act of 1897, it is very important for citizens to find out what exactly this Act is all about. Enacted in February 1897, this significant piece of legislation provides for the better prevention of the spread of Dangerous Epidemic Diseases, the three words particularly starting with capital letters in the original Act. The basic premise of this Act, as mentioned clearly in Section 2, is that the Government may invoke it when the ordinary provisions of the law for the time being in force are insufficient for the purpose of handling a major outbreak of a disease in an epidemic form. It also prescribes for taking 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. This Act also empowers the Central Government as well as the State Governments to take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port 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. Since the Act was introduced at a time when the aeroplane was not yet invented (the Wright brothers succeeded with their experiments of flying an aircraft only in 1903), as such it originally took into consideration only ships and vessels that came from other countries through the sea route. What is most important is that the Epidemic Diseases Act of 1897 provides for imposition of penalty for persons violating the Act. Section 3 of the Act on the other hand says, 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. While the government has very rightly invoked the provisions of this 123-year-old Act, it is also for the enlightened and educated members of the public, including those in the legal profession, to undertake efforts to tell the common citizen about the importance, significance and urgency of invoking this Act in such a trying time.