The Epidemic Diseases Act, 1897

The Epidemic Diseases Act, 1897 is a law that was first enacted to tackle deadly plague in Mumbai in former British India. The law is meant for the containment of epidemics by providing special powers that are required for the implementation of containment measures to control the spread of the disease.

The Act has been routinely used to contain various diseases in India such as swine flu, cholera, malaria, and dengue. In 2018, the Act was enforced as cholera began to spread in a region of Gujarat. In 2015, it was used to deal with dengue and malaria in Chandigarh, and in 2009 it was invoked in Pune to combat swine flu. Starting in March 2020, the act is being enforced across India in order to limit the spread of coronavirus disease in 2019.

2019–20 coronavirus pandemic

Following the 2019–20 coronavirus pandemic the Cabinet Secretary of India on 11 March 2020 announced that all states and Union territories should invoke provisions of Section 2 of the Epidemic Diseases Act, 1897


The Epidemic Diseases Act, 1897


ACT NO. 3 OF 1897 1 [ 4th February, 1897.]
An Act to provide for the better prevention of the spread of Dangerous Epidemic Diseases.

WHEREAS it is expedient to provide for the better prevention of the spread of dangerous epidemic disease; It is hereby enacted as follows:-

1 Short title and extent. This Act may be called the Epidemic Diseases Act, 1897 .

 It extends to the whole of India except 3 the territories Part B States.

2A) Powers of Central Government. When the Central Government is satisfied that India or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease and that the ordinary provisions of the law for the time being in force are insufficient to prevent the outbreak of such disease or the spread thereof, the Central Government may take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port in ⁵ 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.]

3. Penalty. 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 (45 of 1860 ).

4. Protection to persons acting under Act. No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act

After it was first discovered in China, the new Coronavirus is exploding fast across geographies

infecting a large populace and killing several thousands. State and local governments across the world are curtailing the activities and movements of people in order to stop the spread of coronavirus. During a quarantine measure like curfew or lockdown, the guidelines issued vary from state to state and the legal definitions of these two terms also vary. While a curfew and lockdown will appear similar to each other, they are actually not the same. The Epidemic disease Act,1897 describes that when it can be imposed in a Country.

What is Lockdown?

Lockdown 

Lockdown is the most popular version of a quarantine measure implemented by the authorities during the emergency period or at the pandemic disease. There is no any Legal Procedure for this Order but in the Epidemic Disease Act,1897

Section 2A in The Epidemic Diseases Act, 1897 /2A. 4 Powers of Central Government. When the Central Government is satisfied that India or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease and that the ordinary provisions of the law for the time being in force are insufficient to prevent the outbreak of such disease or the spread thereof, the Central Government may take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port in 5 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.]

3. Penalty. 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 (45 of 1860 ).

4. Protection to persons acting under Act. No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act.

Rights of the Citizens During Lockdown

1. It is Right of every person that he/she can go out to buy the essential commodities, things which are for basic needs, etc.
2. No Police Officers can arrest any individual without any valid reason and not even Beat.
3. Can Sell the Groceries, Medicines, Milk but with due Care And there should be a social distancing
4. People 5 or more are together are allowed
   

Duties of the Citizens During Lockdown

1. The order should be followed by the people given by the authorities 
2. The social distancing should be maintained 
3. Precaution should be taken by the people
4. Don't roam unnecessarily 

What is Curfew?

Section 144 in The Code Of Criminal Procedure, 1973

144. Power to issue order in urgent cases of nuisance of apprehended danger.

(1) In cases where, in the opinion of a District Magistrate, a Sub- divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, of an affray.

(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.

(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.

(4) No order under this section shall remain in force for more than two months from the making thereof: Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.

(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor- in- office.

(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub- section (4).

(7) Where an application under sub- section (5) or sub- section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing. D.- Disputes as to immovable property

As per the Section 144 of Crpc No person is allowed to move until there is an order and there should be no movement of Weapons. Not even a single person is allowed to move outside of the house. In this Police officer has the Power to Arrest and can use forceful way to keep the Public at their respective places