About a century andย quarter ago, Bubonic Plague had hit Bombay under the British Rule. Then too, pandemic is said to have started in Yunnan in China in 1894 from where it travelled to Taiwan, Hong Kong before entering India. Russian-French microbiologist Waldemar Haffkine was first in the world to develop a vaccine for the plague and it was administered to 26 million patients over two decades and mortality was reduced by 55 to 85%. Haffkine camped in India, tested the vaccine on himself first.
Millions of lives were saved, though Haffkine fell from grace for accidental poisoning of 19 patients. His peerless contribution to humanity as pioneer of vaccines has remained obfuscated in history and till his dying day because of this accident. Though it was later found linked to mishandling by his lab assistant, but that did not help him. The mud stuck on him even after he was exonerated by angry petitioning by Nobel laureate Sir Ronald Ross (malaria research) and Prof WJ Simpson of King’s College in British parliament.
Many believe he continued to be targeted because he was a Jew and anti-Semitism was not unknown to Britishers and the press of the day which continue to blame him even afterwards. Nevertheless, Haffkine will be remembered in India for turning this country into a vaccine hub of the world โ a title which India retains even today.
When the pandemic came under control, British rulers realized the need to frame laws for a more effective control and containment of future epidemics. Epidemic Diseases Act was enacted. That was 1897.
Save for one amendment made in 2020 by the Indian Parliament, the Epidemic Diseases Act 1897 in force today is vastly toothless and is need of new provisions drawn from lessons learnt in the aftermath of Covid19 pandemic.
Law Commission of India recently submitted the report “A Comprehensive Review of Epidemic Diseases Act, 1897” in which it has called for new definitions of the terms used in disease break outs and enacting Standard operating Procedures (SoPs) in handing the epidemic and pandemic.
In a wide ranging recommendations made in 67-page report, the Law Commission takes an overarching view of Covid19 pandemic that raged for almost 18 months starting March 2021.
“To avoid conflict between the Centre and State, and to properly decentralize the implementation power, a dedicated Standard Operating Procedure (SOP) is required to respond against the situation of an epidemic,” the Commission recommended.
Outlining the SoPs, the Commission said Central government should re-frame provisions for outbreak in the state; inter-state spread of epidemic diseases or pandemic; extreme threat from infectious disease; epidemic plan; quarantine and isolation; lockdown and restriction on movement; disease surveillance; disinfection and decontamination; control of healthcare & medical supplies; multi-sectoral emergency relief measures; and enhanced penalty provisions.
Making a case for “enhanced” punishments for assault on health personnel the Commission noted that punishment recommended in 2020 amendment by the Parliament was “not stringent enough to act as an effective deterrent.”
The Commission observed that though the new Bharatiya Nyaya Sanhita, 2023, which has replaced the Indian Penal Code (IPC) provides the punishment for malignant acts which are likely to spread the infection of any disease dangerous to life. disobedience to quarantine rules, “there is still a need for stricter punishment for disobedience of guidelines and regulations made by the government during any health emergency.”
“As per the current penal scheme, it is more viable to provide enhanced and stringent punishments within the Epidemic Diseases Act itself. Such a punishment will effectively deter people from acting irresponsibly during an epidemic,” the Commission said.
“Although there has been a significant increase in the punishment, however in the opinion of the Commission, such punishment should be given a statutory force within the Epidemic Diseases Act itself and the offence should be categorized in two heads; firstly for contravening the provisions negligently imposing lesser punishment; secondly, for willful contravention, which will entail a stricter punishment. Moreover, the Commission deems it fit that for subsequent or repeat contraventions, the punishments should be enhanced accordingly,” the Commission said.
For now, Covid19 is a passรฉ, WHO has warned there may much deadlier pandemic waiting to us in 10 years or less which will almost uncontrollable, will wipe bigger chunk of population from the planet. There is no name for it, yet. That is why it is called “Disease-X”. However, if past pandemic is any lesson, and WHO and Law Commission recommendations are the ways forward, the surprises will be less for the humanity and we will be in better control of apocalyptic future.
