Recently 286th Law Commission Report recommended creation of an epidemic plan and Standard Operation Procedure (SOP) to address future epidemics.
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Epidemic |
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Key provisions |
About |
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Aim |
To provide measures for the better prevention of the spread of dangerous epidemic diseases. |
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Empower State Government and UTs |
They are empowered to take special measures and formulate regulations to prevent or control the spread of any dangerous epidemic disease in their jurisdiction. |
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Measures and regulations |
It may include quarantine, isolation, lockdown, travel restrictions, testing, vaccination, and other public health interventions. |
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Authority to take measure |
The State Government may also delegate their powers to any person or authority as they deem fit. |
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Temporary regulations |
The State Government can prescribe temporary regulations to be observed by the public or any person or class of persons to prevent the outbreak or spread of the disease. |
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Determination of expenses |
The State Government has the authority to determine how the expenses incurred, including compensation if any, shall be defrayed |
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Specific measures |
The State Government, without prejudice to the generality of the provisions, may take measures and prescribe regulations for various aspects, including the inspection of persons traveling, segregation of persons suspected to be infected, and other preventive measures. |
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Penalty |
The penalties are in accordance with Section 188 of the Indian Penal Code, which deals with disobedience to orders duly promulgated by a public servant. |
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Legal protection |
Persons acting in good faith under the authority of the Act are protected from legal consequences. |
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Epidemic Disease (Amendment) Act 2020 |
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Healthcare service personnel |
They are persons who are at risk of contracting the epidemic disease while carrying out duties related to the epidemic. |
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Act of violence |
It includes any of the following acts committed against a healthcare service personnel
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Protection for healthcare personnel and damage to property |
It specifies that no person can
Penalty
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Compensation |
Persons convicted of offences under the Bill will also be liable to pay compensation to the healthcare service personnel whom they have hurt |
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Investigation |
The cases registered under the Act will be investigated by a police officer, not below the rank of Inspector and the investigation must be completed within 30 days from the date of registration of the First Information Report. |
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Power of Central government |
The Act expands the powers of the central government to regulate the inspection of any bus, train, goods vehicle, ship, vessel, or aircraft leaving or arriving at any land port, port, or aerodrome |
Globalisation and increased connectivity can result in infectious diseases rapidly turning into epidemics or pandemics.
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Stage |
About |
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Outbreaks in the State |
States are empowered to take preventive measures in line with the Epidemic Plan at a local level |
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Inter-State spread |
The Central government can frame regulations based on the Epidemic Plan, and states should follow these regulations |
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Extreme threat |
If states are unable to contain the infection and conflicting guidelines exist, the Central government can impose uniform measures, potentially involving a central agency. |
References
