Implementing the Epidemic Diseases Act to combat Covid-19 in India: An ethical analysis

Abstract

Many states in India have invoked the provisions of the Epidemic Diseases Act, 1897, as a major tool in the fight against the Covid­ 19 pandemic. The current review attempts to discuss the ethical challenges in implementation of the Epidemic Diseases Act, 1897, to combat Covid19 in India. Implementation of the Act in India has exposed its major limitations. It remains merely as a “policing” Act with no emphasis on coordinated and scientific responses to outbreaks and without provisions for protecting the rights of citizens. The Epidemic Diseases Act in its current form has the potential to cause more harm than good. Furthermore, the Epidemic Disease (Amendment) Bill, 2020, has not addressed any of these concerns. There is need for a rightsbased, people­ focused and public healthoriented law in India to deal with epidemics.