In scrutinizing the Epidemic Diseases Act, the Law Commission of New Delhi has pinpointed “significant deficiencies.” The commission urges the government to either rectify the existing gaps through suitable amendments or institute a comprehensive legislation to adeptly handle forthcoming epidemics.

The panel, spearheaded by Justice (retired) Ritu Raj Awasthi, has presented its findings to the government, advocating for a thorough overhaul of the legislation. In a cover communication to Law Minister Arjun Ram Meghwal, Justice Awasthi highlighted that the COVID-19 pandemic posed an unparalleled challenge to the Indian health infrastructure.

“In navigating this crisis, certain inadequacies in the legal framework concerning health came to light. Despite the government’s prompt response to the evolving situation, it was perceived that a more exhaustive law could have facilitated a superior response to the crisis,” he expressed.

The immediate response to the COVID-19 situation, including the imposition of a lockdown, was evoked under the Disaster Management Act of 2005, he recollected. In consideration of the pressing challenges, particularly those encountered by healthcare practitioners, Parliament amended the Epidemic Diseases Act of 1897 in 2020.

“Nevertheless, these amendments proved insufficient as critical gaps and omissions persisted within the Act,” he observed. The panel, proactively taking up “a comprehensive review of the Epidemic Diseases Act, 1897” on its initiative, aimed to address these shortcomings.