Public Health Laws and Its Scope and Effectiveness under the COVID-19 Pandemic Period

Abstract

The public health laws progression is whipping in the COVID-19 pandemic in India. The effectiveness of quarantine law under 160 years old Indian Penal Code, 1860, and 123 years old Epidemic Diseases Act, 1897 proved short term temporary ecstasy in defeating ghastly COVID-19 pandemic ghost. The nation-wide Lockdowns on the ground of Sections 6, 10, 38, and 72 of the Disaster Management Act, 2005, proved to be little significant in coping up with the  formidable challenges of COVID-19. Also the pre-constitutional and colonial era enactments along with minor amendments failed to provide protection to public health care professionals and other medical professionals’ adequate protection from the public outrage. Leading to formulation of the Epidemic Diseases (Amendment) Ordinance, 2020 declaring 'act of violence' cognizable and non-bailable with high restraining cost by the President of India. Still there’s a lot of scope and need to designate the right to health as fundamental right and also as a prominent human right law along with legal framework and enactment of Public Health Bill with immediate effect in order to support the Epidemic Diseases (Amendment) Ordinance, 2020, to salutary insight of public health and equity in India.