More than 115 years after the existing epidemic Act came into existence,and faced with constant threats of a flu epidemic,the Health Ministry has sent to the Law Ministry a proposal to arm itself with drastic powers in case of a medical emergency. The draft of the Public Health (Prevention Control Management of Epidemics,Bioterrorism and Disasters) Bill includes provision for up to seven years jail term and up to Rs 5 lakh fine for somebody obstructing public health officials during a health exigency. For example,owner of a poultry farm,which has birds afflicted by H5N1 virus,creating problems in culling of his birds,could be charged under these sections. The Bill has been in the works for some time now,but a recent letter from the Prime Ministers Office asking the process of its drafting be expedited,may see it being sent to other ministries soon,say sources in the ministry. An earlier attempt to push the Bill through in 2008 was thwarted when many of its provisions were found to be draconian. Explaining the rationale behind the Bill,an official in the ministry explained: The Epidemic Diseases Act 1897 is toothless and our only recourse is either Section 188 of the IPC or Section 144 of the CrPC when dealing with situations of public emergency. It does not empower us to take relevant screening measures at airports or push through public health measures in an emergency situation. With many known diseases acquiring more virulent drug resistant forms,the present law is grossly inadequate to deal with such situations. At present,public health measures like quarantine of those coming from yellow fever endemic countries are undertaken under IPC 188 and it is usually CrPC 144 that comes to the rescue when health officials face concerted public resistance to culling of chicken with flu or isolation of anthrax-affected animals. The Bill,however,does not mention the word emergency,and instead lists a host of situations when an exigency can be pronounced to have arisen including bird flu,swine flu,SARS,plague,TB,malaria,Japanese encephalitis,cholera and outlines bioterrorism exigencies like anthrax and typhoid. The law will empower state health officials to direct private health institutions to take relevant measures,including reservation of beds for patients of the relevant disease. The Centre can direct state governments to ensure appropriate action under the Clinical Establishments Act should private hospitals not follow instructions.
