The right to health is recognized as an inalienable fundamental human right of every person. This basic right has been well recognized by the World Health Organization (WHO) and various international instruments such as the Universal Declaration of Human Rights (UDHR, 1948) and the International Covenant on Civil and Political Rights (ICCPR, 1966, Article 6). In India, it is indirectly covered under Article 21 of the Indian Constitution and is a wider concept that includes the right to health and other rights. India’s Public Health System has come a long way since independence and comprises mainly government-funded and run facilities as well as the private healthcare players. The WHO, a specialized agency of the United Nations, plays a key role in protecting the right to public health. During the COVID-19 pandemic, the WHO issued various guidance documents, which were implemented by all countries to prevent the spread of the disease. India too successfully implemented these guidelines. In India, there are several laws regarding public health, but the most significant ones are the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005. Amidst the COVID-19 pandemic, the Government of India, in tandem with various state governments, implemented these laws to mitigate the spread of the disease and to protect and enhance the well-being of individuals. Additionally, other legislations were put in place to uphold law and order. Though successful to a large extent, at the same time, it was realized that these measures were not entirely foolproof in effectively addressing the health crisis due to the challenges like the ever-changing nature of the new killer disease and the huge size of the country’s population. Certain grey areas in these laws, especially in the Epidemic Diseases Act, 1897, encouraged the government to introduce Bills so that new laws could handle the emerging problems that were faced during the countrywide COVID-19 crisis, in case such a pandemic situation occurs in the future. Fortunately, the Epidemic Diseases (Amendment) Act, 2020 made certain amendments in the existing law. Apart from this, three new criminal laws, Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and Bharatiya Sakshya Adhiniyam (BSA) 2023, have replaced the colonial-era Indian Penal Code (IPC), 1872, the Code of Criminal Procedure (CrPC), 1973, and the Indian Evidence Act 1872, respectively, thus streamlining the implementation of sustentative laws. However, the Public Health (Prevention, Control and Management of Epidemics) Bill, 2020, is still pending. So the need of the hour is converting the Public Health (Prevention, Control and Management of Epidemics) Bill, 2020 into an Act and spreading awareness and strict implementation of these new laws so that the country could deal in a better way with the grave COVID-19-like situations in the future.

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Public Health Laws in India: Issues and Challenges in Covid-19

  • Jyoti Rattan,
  • Anshula Rattan

摘要

The right to health is recognized as an inalienable fundamental human right of every person. This basic right has been well recognized by the World Health Organization (WHO) and various international instruments such as the Universal Declaration of Human Rights (UDHR, 1948) and the International Covenant on Civil and Political Rights (ICCPR, 1966, Article 6). In India, it is indirectly covered under Article 21 of the Indian Constitution and is a wider concept that includes the right to health and other rights. India’s Public Health System has come a long way since independence and comprises mainly government-funded and run facilities as well as the private healthcare players. The WHO, a specialized agency of the United Nations, plays a key role in protecting the right to public health. During the COVID-19 pandemic, the WHO issued various guidance documents, which were implemented by all countries to prevent the spread of the disease. India too successfully implemented these guidelines. In India, there are several laws regarding public health, but the most significant ones are the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005. Amidst the COVID-19 pandemic, the Government of India, in tandem with various state governments, implemented these laws to mitigate the spread of the disease and to protect and enhance the well-being of individuals. Additionally, other legislations were put in place to uphold law and order. Though successful to a large extent, at the same time, it was realized that these measures were not entirely foolproof in effectively addressing the health crisis due to the challenges like the ever-changing nature of the new killer disease and the huge size of the country’s population. Certain grey areas in these laws, especially in the Epidemic Diseases Act, 1897, encouraged the government to introduce Bills so that new laws could handle the emerging problems that were faced during the countrywide COVID-19 crisis, in case such a pandemic situation occurs in the future. Fortunately, the Epidemic Diseases (Amendment) Act, 2020 made certain amendments in the existing law. Apart from this, three new criminal laws, Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and Bharatiya Sakshya Adhiniyam (BSA) 2023, have replaced the colonial-era Indian Penal Code (IPC), 1872, the Code of Criminal Procedure (CrPC), 1973, and the Indian Evidence Act 1872, respectively, thus streamlining the implementation of sustentative laws. However, the Public Health (Prevention, Control and Management of Epidemics) Bill, 2020, is still pending. So the need of the hour is converting the Public Health (Prevention, Control and Management of Epidemics) Bill, 2020 into an Act and spreading awareness and strict implementation of these new laws so that the country could deal in a better way with the grave COVID-19-like situations in the future.