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Coronavirus crisis: How Epidemic Disease Act, 1897, made its way to the Indian government

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New Delhi, May 08: In April, the Centre amended the Epidemic Disease Act, 1897, that made attacks on healthcare workers a non-bailable offence. The government had invoked the Act in March to fight coronavirus outbreak in the country.

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However, the Act that origins from the colonial-era empowers the state governments to take special measures and prescribe regulations in an epidemic. It also defines penalties for disobedience of these regulations.

Why the need of Epidemic Disease Act was felt?

On January 28, 1897, Council member J Woodburn tabled the Epidemic Diseases Bill during an outbreak of bubonic plague. The plague, that rooted in Bombay, gradually extended to other parts of the country and seemed to the government expedient that some measures should be promptly taken before the disease has attained large proportions elsewhere to hold it in check.

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The Bill also noted that several municipal bodies and other local governments had the power to deal with such situations but felt those were "inadequate". The then government was also concerned that several countries were alarmed by the situation in India, and Russia had speculated that the whole subcontinent might be infected. This Bill later called for special powers for governments of Indian provinces and local bodies, including to check passengers of trains and sea routes.

How was the Bill passed?

A Select Committee headed by James Westland submitted its report the very next week, on February 4, 1897, and the Bill was passed the same day, after a series of discussion.

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Epidemic Diseases Bill was passed amid concerns of spreading the diseases, with crowds from Bombay having reached places all over India. However, the government was very particular about Calcutta, as it was then the capital of India.

What has changed in the Act?

On April 22, an ordinance was called in where the Cabinet amended the Act to say that commission or abetment of acts of violence against healthcare service personnel shall be punished with imprisonment for a term of three months to five years. It also imposed fine of Rs 50,000 to Rs 2 lakh. In case of causing severe hurt, imprisonment shall be for a term of six months to seven years and with fine of Rs one lakh to Rs five lakh.

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