Legal Framework for Pandemic Preparedness and Response
- ByAdmin --
- 02 May 2025 --
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The COVID-19 pandemic exposed major gaps in the legal and institutional frameworks of countries around the world, including India.
A strong legal framework is crucial for early detection, quick response, coordinated action, and protection of rights during pandemics.
India’s pandemic preparedness relies on a combination of colonial-era laws, modern public health regulations, and emergency powers.
Key Legislations Governing Pandemic Response in India
- Epidemic Diseases Act, 1897:
- A 127-year-old law still forms the backbone of India's pandemic response.
- Section 2: Empowers the central and state governments to take special measures and prescribe regulations during outbreaks.
- Section 4: Provides legal protection to persons acting under this law.
- Disaster Management Act, 2005:
- Widely invoked during COVID-19.
- Section 6: Allows the National Disaster Management Authority (NDMA) to lay down policies for disaster management.
- Section 10: Grants the National Executive Committee (NEC) powers to coordinate and implement national response plans.
- Indian Penal Code, 1860 (IPC):
- Used to enforce pandemic-related restrictions.
- Section 188: Punishment for disobedience to orders promulgated by public servants
- Section 269: Negligent act likely to spread infection.
- Section 270: Malignant act likely to spread infection of a dangerous disease.
- Biological Diversity Act, 2002:
- Though mainly environmental, this act supports pandemic preparedness by regulating access to biological resources.
Constitutional Provisions Relevant to Pandemic Response
- Article 21 (Right to Life and Personal Liberty):
- Guarantees the right to health and medical care as part of the right to life.
- Basis for judicial activism during pandemic emergencies.
- Article 19(1)(d) (Freedom of Movement) and Article 19(1)(g) (Freedom to Practice Profession):
- Subject to reasonable restrictions in the interest of public health.
- Seventh Schedule (List II - State List):
- "Public health and sanitation" is primarily a state subject, meaning states have principal responsibility for health-related measures.
Major Issues in the Current Legal Framework
- Outdated Legislation:
- The Epidemic Diseases Act is minimalistic and lacks comprehensive public health management provisions.
- The Epidemic Diseases Act is minimalistic and lacks comprehensive public health management provisions.
- Federal Coordination Challenges:
- Health being a state subject led to coordination challenges between the Centre and states during COVID-19.
- Health being a state subject led to coordination challenges between the Centre and states during COVID-19.
- Human Rights Concerns:
- Use of stringent laws like the Disaster Management Act raised concerns over infringement of privacy, movement, and livelihood rights.
- Use of stringent laws like the Disaster Management Act raised concerns over infringement of privacy, movement, and livelihood rights.
- Ambiguity in Powers:
- Overlapping authorities under different laws created legal confusion.
Proposed Reforms and Initiatives
- Public Health Bill (Proposed):
- India has been working on a comprehensive Public Health (Prevention, Control and Management of Epidemics, Bio-Terrorism and Disasters) Bill.
- Aims to replace the archaic Epidemic Diseases Act.
- Will outline clear roles for different agencies, introduce surveillance measures, and provide for a rights-based approach.
- National Digital Health Mission (NDHM):
- Launched to strengthen health data management systems, improving pandemic monitoring and response capacity.
- Launched to strengthen health data management systems, improving pandemic monitoring and response capacity.
- Global Health Regulations (International Health Regulations, 2005):
- India, being a member of WHO, aligns its pandemic preparedness efforts with IHR obligations.
Recent Judicial Observations
- Gautam Navlakha v. National Investigation Agency (2021):
- Reaffirmed that right to health is a fundamental right under Article 21.
- Reaffirmed that right to health is a fundamental right under Article 21.
- In Re: Distribution of Essential Supplies and Services During Pandemic (Suo Moto Writ, 2021):
- Supreme Court emphasized that the state's response to health emergencies must respect constitutional rights and ensure equity.
Compliance and Way Forward
- Codification of Public Health Emergency Protocols:
- India must create a uniform national pandemic law integrating public health, disaster management, and human rights.
- India must create a uniform national pandemic law integrating public health, disaster management, and human rights.
- Investment in Legal and Health Infrastructure:
- Building legal frameworks without strengthening healthcare systems can be counterproductive.
- Building legal frameworks without strengthening healthcare systems can be counterproductive.
- Strengthened Surveillance Mechanisms:
Ensure transparency, accountability, and citizen protection even while gathering health data.
- Balancing Public Safety with Fundamental Rights:
- Legal powers should always be proportionate, necessary, and non-discriminatory.
Conclusion
A modernized legal framework for pandemic preparedness and response is critical for future resilience.
India's experience during COVID-19 highlights the urgent need for comprehensive, people-centric, and rights-based pandemic laws that not only empower governments but also protect the constitutional rights of citizens.
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