The 123-year-old law that India may invoke to counter coronavirus

Close on the heels of the novel coronavirus being declared a pandemic, there are reports that India could invoke a 123-year-old law to limit the spread of the outbreak.

Following the World Health Organisation's far-reaching announcement, the Union cabinet secretary yesterday said all states and Union Territories should invoke provisions of Section 2 of the Epidemic Diseases Act 1897. The move comes as coronavirus cases crossed the 70 mark on Thursday.

The 1897 law, which was enacted to tackle bubonic plague in the then Bombay state, is meant to contain dangerous epidemic diseases. It confers special powers upon local authorities to implement measures necessary to control epidemics.


Section 2 of the Act reads: "When at any time the State Government is satisfied that the State or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the State Government, if it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as it shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.

(a) In particular and without prejudice to the generality of the foregoing provisions, the State Government may take measures and prescribe regulations for—

(b) the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.”
Under Section 3 of the Epidemic Act, disobeying any regulation or order made under this Act shall be punishable under section 188 of the Indian Penal Code.

In the past, the Act has been used to fight various epidemics such as swine flu, dengue, and cholera. In 2018, it was invoked in Vadodara to fight cholera. As per reports, in Chandigarh it was invoked to tackle malaria in 2015.