Why did the central government and states have to implement the Epidemic Disease Act 1897 .
It is the duty of the Central Government and the State Governments to take care of the health and rights of individuals and their daily freedom.
To establish a welfare state, the Central Government needed to implement epidemic law to prevent infection and epidemic of diseases in the states.
Interpretation of right to life in constitution
The Universal Declaration of Human Rights Article 3 of 1948 talks about the right to life for all persons, which includes dignified life.
If the state government or medical practitioner messes with someone’s life, then that is a violation of life and personal freedom.
Similarly, according to Article 6 of the 1966 Covenant of Socio-Economic and Political Rights, every person has the right to life-long freedom.
Article 21 of the Indian Constitution provides for the right to life which every person enjoy.
According to Section 8 of the National Health Legislator 2009, every person has the right to dignity, complete physically and mentally.
Therefore, if the state government can make rules in order to do good health services in the state and to do its duty to prevent the epidemic in the states
History of Epidemic Disease Act 1897
The plague epidemic began to spread in Maharashtra between 1896 and 1897, when the health services of the British government were in a bad state, the disease was taking the form of an epidemic. The economy had dropped down and Foreign relations with India were hindered .
The British government passed an epidemic law to deal with this epidemic.
A special plague committee was formed to implement the epidemic law,
The Special Plague Committee included Walter Charles Rand and Surgeon Captain W. W. Viveridge
Walter Charles Rand replaced military officers in place of 893 doctor nurses,
The army treated the people inhumanely, wherever any plague patient appeared, they were arrested by the army officials and put in isolation where health services were not present.
In view of this inhumane disgusting behavior of the army, the Governor of Maharashtra, Lord Sand Harst, made the British government aware of this inhuman behavior,
The people very strongly opposed this inhuman act of the government!
What is Epidemic Disease Act 1897
This act was called the epidemic act. It was created to stop the epidemic. To prevent the British, the Central Government and the State Government implemented Section 2 and Section 2 (A) of the Act, to prevent this disaster
The government had to lock down to deal with. The only purpose of the government to do this lock down is to prevent the spread of infection, for this the government has temporarily fixed the rules by the district officials to stay in the house. Has been done !
The attitude of the Government of India is very different from that of the British Government, during the time of plague disease epidemic by the British Government, people infected with the plague are
Placed in camps where patients were not available for treatment
On the other hand, at present, the Government of India is providing treatment to those infected with Corona by keeping them in the ISOLESAN camp and no discrimination or inhuman treatment is being done to anyone.
Section 3 of Epidemic Disease Act provides for punishment for violating the rules made by the government.
The Indian Penal Code provides for punishment in the following sections for spreading the infection of an epidemic or for violating the rules made by the government.
Under this section, in such a situation, the accused person can be prosecuted under this section for violating the law made by a public servant or obstructing or disobeying a government order, under this section, the accused person can be imprisoned for one month in jail or Penalty or both can be paid. This section is enforced by the administration in case of lock down.
Neglecting work that makes it possible to spread infection for life-threatening diseases
Any law will do any such act against law or neglect so that it is known to the public and has reason to believe that it is possible to spread any disease for life, then it will be imprisonment for any of the two months whose duration is six months. Will be punishable with imprisonment or fine or both
Knowing or believing that a person will do such an act in a perilous manner, putting his life in a state of distress so that it is possible by him to spread the infection, if he does, then imprisonment of either kind with a term of 2 years or fine Or will be punished by both.
This offense can be heard by any magistrate showing bailable in the category of cognizable offense.
If any person is violated or violated by law, then action can be taken against that person under the provisions of the Epidemic Disease Act 1897 and Indian Penal Code.
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