Corona warriors protection by amending 123-year-old British era law.

By Manish Joshi | 2nd May 2020 

Health Worker

Before we find out, what is the new amendment done by ordinance to protect Health workers. First, understand what Epidemic diseases act 1897 is.

In India, we have Epidemic diseases act 1897 [As the name suggests, this law had been brought by Britishers in 1897 to tackle plague which was spread in Mumbai. So yes, it is “Angrezo key time ka kanoon he”] which has been invoked by central or state government whenever such an epidemic happens in-country or in a particular state. This act gives many powers to the central government and state governments.

Power of central government:

The central government can take required measures and prescribe regulation for the inspection of any ship or vessel leaving or arriving at any port and for such detention thereof or of any a person intending to sail therein, or arriving thereby, as may be necessary. [Because the law is old and initially created for Mumbai, ship and the vessel has been mentioned to restrict any movement of a person in an area which was hit by diseases.]

Power of state government:

The state government, by public notice can prescribe temporary regulation to people or any specific person or group of persons to prevent outbreak such disease, also provide compensation if necessary.

Penalty: [For, who disobey the instruction given by the state or central government]

If any person does not obey the regulation made by central or state government can be punished under section 188 of the Indian Penal Code (45 of 1860). Under this section, a person who is not obeying or tends to cause obstruction annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed to prevent this disease can be punished with impris­onment up to one month, or two hundred rupees [This law was 123-year-old so that time Rs. 200 might be a good amount] or both. If a person tends to cause danger of human life or health or person responsible for riots in such circumstances, he can be punished with maximum six-month punishment or one thousand rupees fine or both.

Protection: [For, who is working to prevent the disease, Health worker, police men]

The person who is working to prevent disease, will not face any legal proceeding, for anything done in good faith. [Basically, if the police do become strict on people, to implement prescribed instruction by state or central government and any person might be harmed by that action, though they will not face any legal case.  similarly, if doctor do some mistake or give medicine to cure but the patient die, in such a case the doctor will not face any legal action]

As old law has maximum punishment of six months and Rs 1000 fine. Also, that law did not mention about the property of a person who is working to prevent disease, damaged by the crowd. If we compare punishment for the present scenario, where many health workers and policemen have been attacked with stones, many ambulances are being damaged, many health workers face are targeted by their residents in fear of coronavirus. For such a crime six-month punishment is very less.

Health worker attacked in Indoor, Madhya Pradesh

Police and Health worker attacked and stone pelted in Muradabad, U.P.

What ordinance is? Why act is amended by ordinance?

India has democracy and because of that, any law cannot be changed even by the prime minister or the president, without following proper procedure. Normally and law can be changed and created by parliament and has to be passed by both parliament house [ upper and lower house]. If because of any unpresidential situation like the current situation when parliament cannot function in such a case the government has the power to amend any law using the ordinance.  ordinances are laws that are promulgated [put the law in effect] by the President of India on the recommendation of the Union Cabinet, which will have the same effect as an Act of Parliament. They can only be issued when Parliament is not functioning. They enable the Indian government to take immediate legislative action in an unpresidential situation. Ordinances will not remain in effect if Parliament does not approve of them within six weeks of reassembly, or if disapproving resolutions are passed by both Houses. It is also compulsory for a session of Parliament to be held within six months. A total of 679 ordinances have been issued from 1950-2014. In 2013 only 67 ordinances have been issued and since 2014 to present-day [in the last six years] 36 ordinances have been issued. [ Congress many times criticize the present government for issuing ordinance as it passes parliament, it does not consider a good way to amend or create new law in democracy though they used ordinance more than current government] 

What are the new amendment done by the government in epidemic act 1897?

The government added the definition of violence [which act is considered as violence]:

1) Doing harassment or preventing Health worker from doing his duties.

2) Doing harm, injury, intimidation, obstruction, or danger to the health worker’s life at any place.

3) Loss or damage has done to any documents related to health workers also consider as violence.

Changes are done for “health worker personal” who are defined by the below definition

1) Any person, who is a health service provider such as a doctor, nurse, paramedical worker, and community health worker [ASHA (accredited social health activist) workers] will be considered as health workers.

2) Apart from this, any a person who has given power under this act to prevent an epidemic will also consider as Health worker personal [ So police officers or volunteers can also be protected by this act]

3) The government also declare any person as a Health worker personal using official gazette. [This can be considered as a future issue if some exception come out which not fir in above two criteria that the government can declare any person as a health worker personal by 

The government also added clinics, any property related to health worker personal [such as the house of doctors] and quarantine centers in the definition of property which, if damaged this law will be applied.

The central government also increase its power which earlier restricted to ships and vessels for inspection which now includes trains, goods vehicles, and aircraft for prescribing regulation on any movement.

The government increases punishment for the violence which was a possible maximum of one month and Rs 200 fine, is increased up to 3 months to 5 years and fine can be taken from Rs 50,000 to Rs 2 Lakhs.

If violence is life-threatening, then punishment can be given up to six months to seven years and fine can be taken from Rs 1 Lakh to 5 Lakhs.

Investigation of any such act also, supposed to be completed within 30 days and the final decision by the court must become within 1 year. These changes also make this law more power full and time-bound.

The government also makes this offense as no bailable offense so the person who has done violence has to remain in jail until the court decision will not come. And if any person found guilty, has to pay compensation for damaged done by him will be double the market price of damaged properties besides fine and imprisonment as punishment.

These are some main changes are done by the government in 123-year-old law to prevent and protect health workers and government officials who are working to stop the epidemic.

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