As per media reports, dated April 22, 2020, the Epidemic Diseases Act, 1897 was amended with the promulgation of the Epidemic Diseases (Amendment) ordinance, 2020. The aim of the Act is to contain the spread of epidemic diseases. The amendment in the Act, brought in by the ordinance, has been affected in the wake of outbreak of COVID-19 pandemic in India and gives protection to healthcare personnel who remain at forefront in the efforts towards controlling and combating such epidemic diseases. The amendment was necessitated because of several incidents of violence against healthcare workers across the country while discharging their duties. Therefore, the ordinance enhances the powers of the central government in dealing with situations that demand stringent measures to prevent the spread of diseases and incidents of violence.
As per the ordinance, healthcare service personnel are the ones who in the process of conducting their duties related to prevention of epidemic diseases, themselves remain at risk of acquiring the disease/infection. Apart from public and clinical healthcare providers—doctors and nurses—the ordinance includes all such persons that are empowered under the Act to take steps towards disease prevention as well as persons designated as such by the state government, in the category of healthcare personnel.
Understanding ‘Act of Violence’
An ‘Act of Violence’ includes any of the following acts, committed against a healthcare personnel—(i) Harassment impacting living on working conditions; (ii) harm, injury, hurt, or danger to life; (iii) obstruction in discharge of duties; and (iv) loss or damage to the property or documents of the healthcare service personnel.
Similarly, ‘property’ is defined to include a (i) clinical establishment; (ii) quarantine facility; (iii) mobile medical unit; and (iv) other property in which a healthcare service personnel has direct interest in relation to the epidemic.
The aim of the ordinance is to make such acts of violence as non-bailable offence, carrying a penalty of 3 months – 7 years imprisonment and a fine ranging from ` 50,000–` 2 lakh. In case an act of violence results in severe harm or injury, the culprit will face imprisonment between 6 months and seven years as well as a fine between ` 1 lakh and ` 5 lakh.
According to the provisions of the ordinance, compensation made in this regard will be decided by the court. The damages caused to property will be liable to be compensated with twice the amount of the value of the damaged or lost property, as per the court’s decision. In case the convict is unable to make compensations, the amount will be recovered as an arrear of land revenue.
The investigation of cases, falling under the purview of the ordinance, must be done within 30 days from the registration of the first information report (FIR) and its trial should be completed within one year. If it’s not completed within the set time frame, then the reasons must be cited for the same by the judge and an extension of not more than six months can be made for concluding the case.
Last but not the least, the ordinance states that while prosecuting a person accused of causing severe harm to a healthcare personnel, the court will presume the person guilty of the crime, unless the contrary is proved in the court.
Epidemic Diseases (Amendment) Act at a Glance
The amendment act can be summarised as follows:
* The act includes heavy fines for any kind of violence against health workers.
* The offence is non-bailable and imprisonment may go from three months up to seven years.
* The fine ranges from ` 50,000 to ` 5 lakh.
* The investigation should be made within one month.
* The trial should be concluded with one year.
* Compensation amount for damages made to property will be twice the market value of the damaged property.
* If not proved innocent, the accused will be presumed as guilty.