Important Laws and Acts on Disaster

The Epidemic Diseases Act, 1897

Objective and Scope: The Act grants authority to implement measures for controlling and preventing the outbreak or spread of epidemics within states or across the country. States have the power to designate officers or agencies to take necessary actions if they determine that a dangerous epidemic poses a threat to public health. Officials conducting inspections are empowered to assess the situation and take charge of all related responsibilities, including expenses for compensation, travel, temporary accommodation, and the isolation of infected individuals.

Relevant Legal Provisions:

• To take special measures and prescribe regulations as to dangerous epidemic diseases (Section 2)

• (a) If at any time the State Government determines that there is a threat of an outbreak of a dangerous epidemic disease and considers the existing legal provisions inadequate to address the situation, it may take necessary measures or authorize any individual to do so. The government may also issue public notices prescribing temporary regulations that the public or specific groups must follow to prevent the outbreak or spread of the disease. Additionally, it has the authority to decide how and by whom any incurred expenses, including compensation if applicable, will be covered

• (b) This includes conducting inspections of individuals traveling by railway and isolating suspected infected persons in hospitals or temporary accommodations as determined by the inspecting officer.

• Authority of the Central Government (Section 2A): If the Central Government determines that India or any part of it is experiencing or at risk of an outbreak of a severe epidemic disease, and existing legal provisions are insufficient to prevent its spread, it may implement necessary measures and establish regulations. This includes inspecting ships or vessels departing from or arriving at ports within the jurisdiction of this Act, as well as detaining such ships, vessels, or individuals intending to travel or arriving by them, if required.

• Penalties (Section 3): Any individual violating regulations or orders issued under this Act will be considered to have committed an offense punishable under Section 188 of the Indian Penal Code (45 of 1860).

• Legal Protection (Section 4): No legal action or proceedings can be initiated against any person for actions taken or intended to be taken in good faith under the provisions of this Act.

Case of COVID-19: Powers of Lockdown under the Law

• “Lockdown” is not a legal term. The term is being used by government officials and others to describe a situation where free movement of goods is restricted, with the exception of essential items declared by the Government of India under Section 2, 3, 4 of the Epidemic Diseases Act.

• Certain examples of exercise of lockdown powers of the government can be found in

• Delhi Epidemic Diseases (Covid 19) Regulations, 2020;

• MaharashtraEpidemic    Diseases        (Covid-19) Regulations, 2020;

• Punjab Epidemic Diseases (Covid-19) Regulations, 2020;

• Himachal Pradesh Epidemic Disease (Covid-19) Regulations, 2020, etc.

• Lockdown is not the same as curfew. One of the foremost differences between the two is that in lockdown, state enforcement authorities like the police cannot arrest persons for not following the lockdown without the permission of the competent court.

• They can, however, enforce a lockdown through the mechanism provided under Section 188 (disobedience to the directions given by a public servant), Section 269 (negligent act likely to spread infection of disease dangerous to life) and Section 270 (malignant act likely to spread infection of disease dangerous to life) of the Indian Penal Code.

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‘Curfew’ again is not a legal term. Generally, exercise of a power available to the District Magistrate, SDM, or any other executive magistrate under Section 144 of the Code of Criminal Procedure is, in common parlance, referred to as a ‘curfew’.

• The authorities in these circumstances, for preventing danger to human life, health or safety, disturbance of public tranquility, or a riot or an affray, may issue such orders. If anyone defies such orders issued under Section 144 CrPC, the enforcement agencies have a right to detain/arrest the violators.

• Now we come to the terms ‘quarantine’ and ‘isolation’, which have been defined under the Indian Aircraft (Public Health) Rules, 1954. Similar restrictions are found under the Indian Port Health Rules 1955, framed under the Indian Port Act, for passenger ships, cargo ships, and cruise ships.

• Quarantine: Refers to the restriction of movement and activities or the separation of individuals suspected of being infected from those who are not ill. It also applies to suspect baggage, cargo, containers, aircraft, vehicles, facilities, goods, and postal parcels, ensuring that potential contamination or infection does not spread.

• Isolation: Involves the separation of infected or contaminated individuals, as well as affected baggage, containers, aircraft, vehicles, facilities, goods, or postal parcels, from others. This measure is taken to prevent the transmission of infection or contamination. While not explicitly defined, similar provisions exist under the Epidemic Diseases Act, 1897.

Disaster Management Act, 2005

The Disaster Management Act establishes an administrative framework for implementing measures to manage disasters. A disaster is defined as a catastrophic event, mishap, calamity, or severe occurrence in any region, resulting from natural or human-made causes, accidents, or negligence. Such an event leads to significant loss of life, human suffering, destruction of property, or environmenta damage and degradation. The scale or severity of the disaster is such that it surpasses the affected community's ability to cope.

The purpose of this law was to cater to a situation such as an earthquake, flood or fire rather than a disease like COVID-19. However, on March 14, the Home Ministry declared the Coronavirus outbreak as a “notified disaster”, thus, bringing into play the provisions of the Disaster Management Act.

This has allowed the National Executive Committee to give directions to the governments to take certain measures and has delegated powers to act under the Act to the Union Health Secretary. It further allows usage of disaster funds created for this purpose.

The Act has more teeth to deal with a disaster situation and includes the power to imprison, fine etc. The Act also has the means to control social media. The Act has been used in tandem with the Epidemic Diseases Act, with the latter providing the basis for containment measures such as restrictions on flights landing in India, prohibiting gatherings beyond a certain number of people, and various other measures adopted since the outbreak

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• In the current health needs of the nation, the Act seems to be an archaic framework, owing to the changing priorities in public health emergency management. The first and the basic flaw that can be seen is that the Epidemic Act 1897 is silent on the definition of “dangerous epidemic disease”.

• However, looking at the outbreak of COVID-19 that has been declared as a pandemic disease by the World Health Organization, this Act comes in handy for the state functionaries to issue measures relating to isolation or ‘quarantine measure’. There is a definite need for a legal framework regulating the availability and distribution of vaccine and drugs and implementation of response measures.

• It is clear that no single law can effectually control the present outbreak. It is this reason that you will find that various provisions of Indian Penal Code, Criminal Procedure Code, the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005 are being invoked to control the current outbreak.

• Following the Prime Minister’s address to the nation on the “vital aspects of Coronavirus” on March 25, when a national lockdown was announced, different states have sought to enforce it by issuing Executive Orders under Section 144 of CrPC, and some by invocation of the Epidemic Diseases Act, 1897 only.

• These Executive Orders have been primarily issued to enforce the national lockdown in letter and spirit, and to restrict unnecessary movement of people on the basis I of Section 2 of Epidemic Diseases Act, 1897.

• Thus, the implications of not following a national lockdown could be:

• Section 188 of the CrPC whereby disobedience to the directions of a public servant is punishable with both imprisonment and fine.

• Section 269 of the Indian Penal Code can be invoked to ensure that nobody spreads infection of a dangerous disease.

• Section 270 of the Indian Penal Code can be invoked if people malignantly fail to act during an epidemic.

• Once these provisions are invoked, the enforcement authorities may arrest the person involved.

• If someone escapes “quarantine”, the authorities may invoke provisions of Section 271 IPC.

• Lastly, if there is imposition of Section 144 CrPC conditions, then it is a curfew.

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Combined exercise of various laws allows the enforcement agencies to enforce a lockdown like a curfew if need be.

• Lightning

• Indian Standard Protection Of Buildings And Allied Structures Against Lightning Code Of Practice 1991

• Earthquake, Snow Avalanches/ Landslide

• Indian Standards On Earthquake Engineering

• Model Town And Country Planning Act 1960

• Model Building By- Laws 2004

• National Building Code Of India 2005

• Chemical/ Industrial/ Nuclear

• Atomic Energy (Safe Disposal Of Radioactive Wastes)

Rules, 1987.

• The Bhopal Gas Leak Disaster (Processing Of Claims)

Act, 1985

• Calcium Carbide Rules, 1987

• The Manufacture, Storage And Import Of Hazardous

Chemical Rules, 1989

• Chemical Accidents (Emergency Planning, Preparedness, And Response) Rules, 1996

• The Major Accident Hazard Control Rules, 1997

• Dumping And Disposal Of Fly Ash Discharged From Coal Or Lignite Based Thermal Power Plans On Land Rules 1999

• The Chemical Weapons Convention Act, 2000

•
Atomic Energy (Radiation Protection) Rules 2004

• Weapons of Mass Destruction And Their Delivery Systems (Prohibition Of Unlawful Activities) Act, 2005

• The Civil Liability For Nuclear Damage Act, 2010

• Biological Disaster

• Bio- Medical Waste (Management And Handling) Rules

1998

• The Municipal Solid Wastes (Management & Handling) Rules, 2000

• Rules for The Manufacture, Use, Import, Export And Storage Of Hazardous Micro Organisms Genetically Engineered Organisms Or Cells 1989

• Poisoning

• The Destructive Insects And Pests Act, 1914

• The Poisons Act, 1919

• The Drugs And Cosmetics Act, 1940

• The Prevention Of Food Adulteration Act, 1954

• The Insecticides Act, 1968

• The Insecticides Rules, 1971

• The Narcotic Drugs And Psychotropic Substances Act,

1985

• The Consumer Protection Act, 1986

• The Batteries (Management And Handling) Rules, 2001.

• Batteries (Management & Handling) Amendment Rules, 2010

• E-waste (Management And Handling) Rules, 2011

• Plastics (Manufacture, Usage And Waste Management) Rules, 2011

• Accident

• The Inland Vessels Act, 1917

• The Indian Carriage Of Goods By Sea Act, 1925

• The Aircraft Act, 1934

• Aircraft rules, 1937.

• National Highways Act, 1956

• The Merchant Shipping Act, 1958

• Carriage By Air Act 1972

• The Inland Waterways Authority Of India Act, 1985

• Motor Vehicles Act 1988

• The Railways Act, 1989

• Central Motor Vehicles Rules, 1989

• The Railway Accidents And Untoward Incidents (Compensation) Rules, 1990

• Railway (Notices Of And Inquiries Into Accidents) Rules,

1998

• Statutory Investigation Into Railway Accidents Rules

1998

• Carriage By Road Act, 2007

• Carriage By Road Rules 2011

• Stampede: Disaster From Management

• A guide for administrators and organizers of events and venues of mass gathering- a guide for state government, local authorites, administrators and organisers, ndma

• Police Act 1861

• Epidemic Diseases

• Epidemic Disease Act 1897

• Cloud Burst

• Dam Safety Act 2021

• Pest Attack

• Destructive Insects And Pests Act 1914

• Insecticides Act 1968

• Insecticides Rules 1971