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What is the Epidemic Diseases (Amendment) Ordinance — key provisions up for Parliament's consideration

Sep 10, 2020, 17:05 IST
Indiainsider
  • The Ordinance seeks amendments to the 125-year-old Epidemic Diseases Act, 1897, that protects health workers in the country.
  • The Indian government in April approved an ordinance that recognised any crime against health workers in India as a “cognizable and non-bailable” offence.
  • It means that offenders can be arrested without a warrant, and no bail will be granted.
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The Indian government is preparing to introduce over 20 bills for discussion in the monsoon session of the Parliament, which is slated to begin on September 14. Moreover, 11 ordinances will also have to be passed during the session, as most of them face an expiration date by the winter.

Among the ordinances to be discussed is Epidemic Diseases (Amendment) Ordinance 2020. The Ordinance seeks amendments to the 125-years-old Epidemic Diseases Act, 1897, that protects health workers in the country.

What is the Epidemic Diseases (Amendment) Ordinance 2020?

The Indian government in April approved an ordinance that recognised any crime against health workers in India as a “cognizable and non-bailable” offence. It means that offenders can be arrested without a warrant, and no bail would be granted.

Offenders can also be fined anywhere between ₹50,000 to ₹2 lakh and will also have to serve a prison term between 3 months to five years, Union Minister Prakash Javadekar had said in April.

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Moreover, people who damage the vehicles of healthcare workers or clinics will have to compensate by paying twice the value of the damaged property.

These cases will be fast-tracked. An investigation against such cases will take place within 30 days, and a decision will be announced within a year.

Why the need to amend the Epidemic Diseases Act 1987 now?

The Epidemic Diseases Act is a century-old law enacted when Bombay (Mumbai) was hit by Bubonic plague. Over the years, it has been used to prevent the spread of epidemics including H1N1 influenza in 2009, Cholera in 2018 etc.

Ever since the pandemic began, several incidences of abusive behaviour against the doctors came to light. People were said to be pelting stones and attacking health workers. At some places, a mob tried to stop a medical team from taking a coronavirus infected man into isolation. The Indian government then said that it will not tolerate any incident of violence or harassment against the doctors.

Since the amendments were made in April and is applicable during the pandemic only Several experts have lauded the ordinance and asked the government to extend the ordinance to post-COVID period as well.
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“The ordinance has been brought as an amendment to the Epidemic Diseases Act, 1897, and hence, may become infructuous after the pandemic is declared over. We do hope that the pandemic dies down at the earliest, but want an assurance that the ordinance will remain in force,” Dr S K Sarin, Director, Institute of Liver and Biliary Sciences wrote.

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