Epidemic Diseases Act of 1897 This slide deck shows how the act came into existence, how it has been modified in the context of COVID19 (Epidemic Diseases Ordinance, 2020), what its limitations are, and what can be done to prepare a more robust act.

1. Epidemic Diseases Act, 1897
How the act came into existence, its present relevance and future

2. The Bombay Plague
• Part of a pandemic that originated in China in 1850s and continued to
afflict countries across the world till 1950s
• August 1896 – first cases of bubonic plague reported in Bombay
• Inadequate response from authorities → late initiation of ship quarantine
→ exponential rise in cases and death
• October 1896 – Municipal Plague Committee setup
• isolating plague victims
• disinfecting or destroying infected dwellings
• inspecting travellers
• Measures failed to stem the progress of the outbreak
• March 1897 - 20,000+ people dead; started spreading to rest of India
07-10-2021 Epidemic Diseases Act, 1897 2

3. The Bombay Plague
• Initial response of Bombay government diluted by desire to preserve
Bombay’s status as a trading hub vs. health of people
• Dispute between Francis Hamilton, Secretary of State for India
(advocated stringent measures) and Victor Bruce, the Viceroy
(advocated more cautious approach: stringent measures → civil unrest
→ mutiny)
• Epidemic Diseases Act, 1897 promulgated
• Gave wide ranging powers to government to control the disease
• New plague committees set up with more military character
07-10-2021 Epidemic Diseases Act, 1897 3

4. Epidemic Diseases Act, 1897
• Section 1: Describes title of the act and its territory of application
• Section 2: Empowers state governments to prescribe measures &
temporary regulations to control an epidemic disease and mobilisation of
resources; inspection of travellers, temporary accommodation for
infected persons
• Section 2A: Empower central government to inspect and detain ships to
prevent disease outbreaks
• Section 3: Penalty - Punishment under section 188 of Indian Penal Code
for persons disobeying provisions of the act
• Section 4: Legal protection to persons for anything done under the act
07-10-2021 Epidemic Diseases Act, 1897 4

5. Strategies for control of the plague
• Search & Segregate strategy
• Search parties empowered to enter suspect homes → rigorous search in infected
areas
• Disinfection of buildings with powerful disinfectant pumps
• Rigorous traveler inspection and detention
• Segregation of contacts
• Opening of special hospitals & camps
• British army and Indian Medical Services of Indian army actively
involved in cordoning off areas, search parties, travel restrictions etc.
• Efforts undermined by lack of medical knowledge
• Plague bacilli discovered only two years earlier
• Role of rats & fleas in epidemiology not known
07-10-2021 Epidemic Diseases Act, 1897 5

6. Epidemic Diseases Act, 1897
Disinfecting plague houses in Bombay with a flushing engine, 1897

7. Response of the people & control of outbreak
• Control measures perceived as excessive & infringing on rights and
customs
• Interference with religious pilgrimages; compulsory house inspection;
forced segregation in camps & hospitals → violation of privacy
• March 1898 – Riots and strikes against control measures
• Military search parties withdrawn
• System of control measures in cooperation with local people instituted
• 1898 – Awareness on disease transmission dynamics
• Large scale programme of rat elimination
• Slum clearance schemes
• Use of new vaccine
07-10-2021 Epidemic Diseases Act, 1897 7

8. End of the plague epidemic
• Plague had spread from Bombay to several other parts of the country
• Punjab severely affected
• Final control of the epidemic only in early 1920s
• The outbreak resulted in at least 10 million deaths in British India
07-10-2021 Epidemic Diseases Act, 1897 8

9. Timeline of events
07-10-2021 Epidemic Diseases Act, 1897 9
August 1896
First cases of bubonic
plague reported in Bombay
October 1896
Bombay plague committee setup
Control measures initiated
March 1897
20,000+ deaths
Spread to rest of India
1897 – Epidemic Diseases Act
New plague committees
Search & segregate strategy
March 1898
Riots & strikes against
control measures
1920
Final control of outbreak
after 10 million deaths

10. Epidemic Diseases (Amendment) Ordinance,
2020
• Promulgated in April 2020 in the context of COVID19 pandemic
• Defines healthcare service personnel & acts of violence
• Expands the powers of central government to inspect bus, trains, goods
vehicles and aircrafts
• Provides for detention of travellers
• Provides for protection of healthcare personnel & damage to property
• Attack on HCP - cognizable & nonbailable offence
• Imprisonment of 3 months to 5 years and fine of Rs. 50,000 – Rs. 2 lakhs
• Compensation for damages – twice the market value
• Investigations by an officer not below rank of Inspector
• Enquiry/trial to be completed within 1 year
• Presumption of Guilt
07-10-2021 Epidemic Diseases Act, 1897 10

11. Merits of Epidemic Diseases Act
• Provides powers to central/state governments to control epidemics
• Provides penalty to persons not obeying directions in accordance with
the act
• Provides security to health service personnel (any person included in
control of outbreak; not necessarily health workers) – protection against
violence
07-10-2021 Epidemic Diseases Act, 1897 11

12. Limitations of Epidemic Diseases Act
• No definition for epidemic disease
• No mention on severity, distribution, geographical spread etc.
• No provision on dissemination of drugs/vaccines/quarantine measures
• Act formulated at a time when fundamental rights were not formulated
• No mention of preservation of basic human rights during epidemic control
• Focuses on government’s powers and does not specify its duties in the control
of epidemics
• Does not state rights of citizens during outbreaks
• Concerns about disease surveillance & breach of privacy
• No procedural guarantees against abuse of state power
• Merely regulatory – lacks scientific approach to epidemic control
07-10-2021 Epidemic Diseases Act, 1897 12

13. Recommendations
• A new public health act in keeping with scientific principles
• Clear definition of outbreak, epidemic, quarantine, control measures
• Clear enunciation of duties of government in the event of an epidemic
• Clear definition of rights of citizens during an epidemic
• Mechanism for protection against abuse of state powers
• Inclusion and devolution of powers to lower tiers of government to deal
with epidemics
• Professional scientific advisory body to advise on control measures
07-10-2021 Epidemic Diseases Act, 1897 13