The document summarizes the Epidemic Diseases Act of 1897 and the proposed Public Health Bill of 2017 in India. The Epidemic Diseases Act gave powers to detain and isolate infected individuals but had a narrow scope of only epidemic diseases. The proposed Public Health Bill aims to modernize legislation to deal with all public health threats including epidemics, bioterrorism and disasters. It defines key terms, outlines measures for prevention, control and management of outbreaks, and establishes penalties for non-compliance. While an improvement, experts note the bill could still be strengthened by clarifying responsibilities, improving expertise, and ensuring community involvement.

1. PUBLIC HEALTH BILL 2017
&
EPIDEMIC DISEASE ACT 1897
DR SNEHA
POST GRADUATE
COMMUNITY MEDICINE DEPARTMENT.
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2. HISTORY BEHIND EPIDEMIC DISEASE ACT,
1897
Feb 1897 BUBONIC
PLAGUE IN
INDIA
TO DETAIN THE PLAGUE
SUSPECTS, DEMOLISH OR
DESTROY THE INFECTED
PROPERTIES
TO PROHIBIT
PILGRIMAGES
AND EXAMINE
PASSENGERS.
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3. • Detention centres/ clinical establishments
For plague
• upper class people not willing to stay
With lower class people.
• Asked to take care of their own expense
Or home quarantine.
• 1902: punching holes in railway tickets of
Suspected passengers
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4. EPIDEMIC DISEASE ACT
For the better prevention of the spread of dangerous
epidemic diseases.
Extent: to whole of india
Powers of state government
1. Inspection of persons travelling by railway or otherwise
2. Segregation of suspects in hospitals or temporary
accomodations
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5. Powers of central government
1. Inspection of ships/vessels leaving or arriving at any ports
2. Inspecting the people travelling in it
3. Detention of suspects.
Penalty: Any person disobeying any regulation or order may
deemed to have committed an offence under 188 IPC.
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6. Epidemic disease act PUBLIC HEALTH BILL 2017
CENTURY OLD
COLONIAL ACT
WHICH DEALS
ONLY WITH
EPIDEMIC
DISEASES AND
HAS A LIMITED
SCOPE
DEALS WITH ALL
POSSIBLE
THREATS TO
PUBLIC HEALTH
SUCH AS
EPIDEMICS, BIO
TERRORISM AND
DISASTERS.
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7. PUBLIC HEALTH BILL 2017 –March 20,2017
• To provide for the prevention, control and management of epidemics,
public health consequences of disasters, acts of bioterrorism or
threats .
• Chapter 1: preliminary ( definitions)
• Chapter 2: public health measures
• Chapter 3: penalties
• Chapter 4: appeal
• Chapter 5: miscellaneous
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8. Chapter 1: preliminary
• “BIO-HAZARDOUS MATERIAL” means any infectious agent or
hazardous biological material that presents a risk or potential risk to
the health of humans, animals, plants or environment.
• “BIO-TERRORISM” includes intentional use of biological agents to
cause disease or death of human beings or any animal or plant
through dissemination of microorganisms or toxins in and by any
medium or any means.
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9. • “CLINICAL ESTABLISHMENT ” includes,-
(i) a hospital, maternity home, nursing home, dispensary, clinic,
sanatorium or an institution by whatever name called that offers
services, facilities with beds requiring diagnosis, treatment or care
for illness, injury, deformity, abnormality or pregnancy in any
recognized system of medicine;
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10. • shall include a clinical establishment owned, controlled or managed
by
a) the Government or a department of the Government
b) a trust, whether public or private
c) a corporation(including a society) registered under a Central,
Provincial or State Act, whether or not owned by the Government;
d) a local authority; and
e) a single doctor, but does not include the clinical establishments
owned, controlled or managed by the Armed Forces;
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11. • “DECONTAMINATION” means a
procedure whereby health
measures are taken to eliminate
an infectious or toxic agent or
matter on a human or animal
body surface, in or on a product
prepared for consumption or on
other inanimate objects,
including conveyances, that may
constitute a public health risk;
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12. “DERATTING” means the procedure
whereby health measures are taken
to control or kill rodent vectors of
human disease present in baggage,
cargo, containers, conveyances,
facilities, goods and postal parcels
at the point of entry;
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13. • “DISASTER” means a catastrophe, mishap, calamity or grave
occurrence in any area, arising from natural or man-made causes, or
by accident or negligence which results in substantial loss of life or
human suffering or damage to, and destruction of, property, or
damage to, or degradation of, environment, and is of such a nature or
magnitude as to be beyond the coping capacity of the community of
the affected area
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14. • “DISINSECTION” means
the procedure whereby
health measures are
taken to control or kill
the insect vectors of
human diseases present
in baggage, cargo,
containers, conveyances,
goods and postal parcels;
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15. • DISINFECTION” means
the procedure whereby
health measures are
taken to control or kill
infectious agents on a
human or animal body
surface or in or on
baggage, cargo,
containers
,conveyances, goods and
postal parcels by direct
exposure to chemical or
physical agents;
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16. • “EPIDEMIC” means the
occurrence in a
community or region of
cases of an illness,
specific health related
behavior, or other
health related events
clearly in excess of
normal expectancy
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17. • “ISOLATION” means separation of ill or contaminated persons or
affected baggage, containers, conveyances, goods or postal parcels
from others in such a manner as to prevent the spread of infection or
contamination;
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18. • “PUBLIC HEALTH EMERGENCY” means any sudden state of danger to
public health including extension or spread of any infectious or
contagious disease or pests affecting humans, animals or plants,
occurrence of or threat of dangerous epidemic disease, epidemic
prone disease, disaster or bio-terrorism or potential public health
emergency requiring immediate action for its prevention, control and
management which cannot be dealt with by any law other than this
Act;
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19. • “PUBLIC HEALTH EMERGENCY OF INTERNATIONAL CONCERN” means
an extraordinary event which is determined, as provided in
International Health Regulations(IHR) of World Health
Organization(WHO);
• “PUBLIC HEALTH EMERGENCY OF NATIONAL CONCERN” means a
public health emergency as declared or notified by Central
government from time to time;
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20. • “PUBLIC HEALTH ESTABLISHMENT” means an establishment
maintained for the purpose of public health services, including any
such establishment as notified by Central/ State Government from
time to time for any purpose of this Act;
• “QUARANTINE” means the restriction of activities and/or separation
from others of suspect persons who are not ill or of suspect baggage,
containers, conveyances or goods in such a manner as to prevent the
possible spread of infection or contamination;
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21. • “RESERVOIR” means an animal, plant or substance in which an
infectious agent normally lives and whose presence may constitute a
public health risk
• “VECTOR” means an insect or any living carrier that transports an
infectious agent from an infected individual or its wastes to a
susceptible individual or its food or immediate surroundings.
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22. • “SOCIAL DISTANCING” is a public health practice designed to limit the
spread of infection by ensuring sufficient physical distance between
individuals
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23. CHAPTER 2: PUBLIC HEALTH MEASURES
• to empower any official of the district or local authority
• Prohibit any such activities which are likely to spread the disease
• Quarantine or restrict the movement of any person suspected to be
exposed
• Isolate any person who is infected
• Conduct medical examination including lab investigations and provide
treatment and vaccination
• Undertake deratting, disinfection, disinsection, decontamination,
treatment , destruction of disposal of baggage
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24. • regulate the purchase, transport, distribution, sale, supply, storage of
any material which contains hazardous or toxic substance
• Detention of any shipment
• Detention of any person travelling by any mode
• Authorize any official or person to enter and inspect without prior
notice any premises where public health emergency has either
occurred or is likely to occur
• Clinical establishment to admit, isolate and manage cases
• Closure of markets, educational and other institutions and social
distancing
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25. CHAPTER 3: PENALTIES
• 1st violation: max 10,000rs
• 2nd violation: max 25,000rs
• Penalties for intentional violation:
1. 1st violation: 50,000rs
2. 2nd violation: 1,00,000rs
3. Imprisonment :max 2yrs
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26. DIFFERENCE BETWEEN EPIDEMIC DISEASE ACT
AND PUBLIC HEALTH BILL
DOMAIN EPIDEMIC DIS ACT PUBLIC HEALTH BILL
DEFINITION An outbreak of dangerous
epidemic disease
Includes epidemic , outbreak,
bioterrorism and public
health emergency
SCOPE Better prevention of the
spread of dangerous
epidemic diseases
Prevention, control and
management of epidemic,
bioterrorism and disasters.
AREA EMPHASIZED IN EPIDEMIC Segregation and detention
of infected people
Social distancing, quarantine,
isolation , diagnosis and
treatment.
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27. DOMAIN EPIDEMIC DISEASE ACT PUBLIC HEALTH BILL
POWER OF AUTHORITIES State and central government State, central govt and local
authorities.
SUPERSEDING OF POWERS missing Local>state>central
ESTABLISHMENT Govt or private not specified Qualifying facilities specified
PENALTIES 6mts/ fine : 1000 Mentioned for each violation
APPEAL No appeal Appeal allowed
AMENDMENTS Doesn’t provide any mechanism
for conducting amendments
Central govt has the power to
amend the schedule
RIGHTS OF THE CITIZEN No emphasis on the rights of
the citizen
Scope for addressing the
grievances of the citizens of
india.
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28. STATUS OF PUBLIC HEALTH BILL
• Still didn’t pass the bill
• Lack of clarity about preventive and control measures for each public
health threat. Eg: bioterrorism, disaster and epidemics
• More focused on bioterrorism rather than epidemics.
• Powers to be focused at community, local, state and central level.
• More focus needed on improving research, training public health
experts and field epidemiologists before implementing such bill.
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29. LATEST UPDATE:
EPIDEMIC DISEASE ORDINANCE ACT 2020
• April 22,2020 (promulgated) -> sep 19,2020 ( Rajya sabha)
• protection of health care workers combatting epidemic diseases
• Includes ;
1. public health and clinical health care providers.
2. State govt. persons designated for prevention of diseases
3. Any person empowered under 1897 act.
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30. • Act of violence: harassment, damage to property, harm/injury/danger
to life
• Penalty;
1. Imprisonment = 3mts-5yrs
2. Fine= 50k -2 lakhs.
• If grievous harm;
1. Imprison = 6mts-7yrs
2. Fine = 1lakh -5lakh
3. Cognizable and non bailable offence
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31. COMPENSATION TO HEALTH CARE PERSONNELS:
• Determined by court
• If damage/loss of property: twice the amount of the damaged
property.
• Fails to pay: amount recovered under the land revenue act.
• Trail: to be conducted within 1 year
• Person is considered guilty unless he is proven innocent.
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