Indian Epidemic Diseases Act, 1897: A Critical Study Vis a vis Fundamental Rights

Communicable diseases contribute 30% of disease burden in India. Multiple epidemics happen every year and yet we fail to respond and contain most them effectively. Apart from various behavioral public health interventions, we need to have a close look at the structural intervention i.e. the legal framework to analyze the preparedness of Indian health system. Although India has multiple legal mechanism, it lacks a unified law under a single legislation. The Epidemic Act 1897 is a 123-year-old blunt act which needs to be substantially overhauled to effectively counter the burden of infectious diseases both new and re-emerging. Issues like definitions of epidemic disease, ethics and human rights principles, empowerment of officials, punishment, etc., which need to undergo deliberations and warrant a relook have been discussed in this paper. Exploration of the possibilities under the Indian Constitutional Scheme that would lay down a pathway for creating a harmonious legislation between the Disease control Acts and the Fundamental Rights and with a liberalistic philosophical approach is the goal of this paper.