Law Commission Report Recommends Creating Epidemic Plan

• 14 Feb 2024

The 286th Law Commission Report has recently recommended significant reforms to address the challenges posed by epidemics, particularly in light of the limitations of the Epidemic Diseases Act, 1897 (EDA). Here are the key highlights and recommendations from the report:

Key Points

• Need for Modernization: The report underscores the inadequacy of the century-old EDA to address contemporary issues related to the spread of infectious diseases, particularly in the context of globalization and increased connectivity.
• Epidemic Plan and SOP: The report suggests the creation of an Epidemic Plan and a Standard Operating Procedure (SOP) to ensure a coordinated response to public health emergencies.
• This would delineate the powers and obligations of different levels of government, avoiding uncoordinated responses.
• Responsibilities: The Central government, in collaboration with state governments and relevant stakeholders, is tasked with developing and periodically revising the Epidemic Plan.
• The plan should cover various aspects such as quarantine, isolation, lockdowns, disease surveillance, medical supplies, information dissemination, testing, research, and waste disposal.
• Enforcement: The report recommends including provisions in the EDA to ensure the enforcement of the Epidemic Plan.
• This includes defining the roles and powers of different authorities at each stage of the epidemic, along with safeguards to protect citizens' fundamental rights.
• Standard Operating Procedure: To manage conflicts and ensure a coordinated response, the report proposes the creation of an SOP outlining the roles and powers of different authorities at each stage of the epidemic.
• This would help address outbreaks within states, inter-state spread, and extreme threats from infectious diseases.
• Central Government Intervention: In cases where states are unable to contain the spread of infection or conflicting guidelines lead to a significant threat to public health, the Central government would step in to impose uniform measures, either directly or through a central agency.