Quarantine may be termed as the restraint or segregation of human beings or other living creatures, who may have come, either potentially or actually, into contact with transmissible pathologies, until the moment when it is considered certain that they no longer constitute a health risk. It is a state of isolation in which people who are exposed to an infectious disease are placed for a fixed time, in order to curb the further spread of such disease.[1] The term and the concept of quarantine are profoundly rooted in the socio-cultural environment and world health procedures, and have periodically recalled peak interest in the course of epidemics. In the past the concept of quarantine was used to refer to the period of isolation of people alone, whereas in more recent times it has come to be applied to animals and things as well.

The concept of quarantine has been known since biblical times and is known to have been practiced through history in various places. Notable quarantines in modern history include that of the village of Eyam in 1665 during the Bubonic Plague outbreak in England; East Samoa during the 1918 flu pandemic; the 1972 Yugoslav smallpox outbreak, and extensive quarantines applied throughout the world during the ongoing COVID-19 pandemic.

The Epidemic Diseases Act 1897 is the main legislative framework at the central level for the prevention and spread of dangerous epidemic diseases. This law was one of the most hurriedly drafted legislations to stonewall the Bubonic Plague that devastated life in Bombay in 1896, forcing people to migrate out of the city.[2] The preamble to the 1897 Epidemic Diseases Act states that its objective is to provide for better prevention of the spread of dangerous epidemic diseases the statute has only four provisions.

Sections 2 and 2A of the Act allows the government to take measures if it is satisfied that any state or any part thereof is visited by or threatened with an outbreak of any dangerous epidemic disease. If the government thinks that the ordinary provisions of the law are insufficient for the purpose then it may take, or require or empower any person to take some measures and by public notice prescribe such temporary regulations to be observed by the public including travel by air, railways, or otherwise including detention of any ship or vessel, as the case may be.

 The Act empowers the Centre and the State  to take various decision at their level in order to deal with pandemic like:

●       The Union law may deal with port quarantine, including in connection with seamen’s and marine hospitals.  The law may also deal with interstate migration and quarantine. 

●       State law may provide for matters relating to public health and sanitation, hospitals, and dispensaries. The Act also empowers the states to take special measures or promulgate regulations to deal with epidemics within their state jurisdictions. 

●       A state government may also take measures and prescribe regulations for the inspection, vaccination, and inoculation of persons traveling by road or rail, including their segregation in a hospital, temporary accommodation, or otherwise, if such persons are suspected by the inspecting officer of being infected with any such disease. 

●       A state government, by general or special order, may also empower a deputy commissioner to exercise, in relation to his district, all the powers under section 2 of the 1897 Act that are exercisable by the state government in relation to the state, other than to determine the manner in which and by whom any expenses are to be defrayed.  Many of these powers are prescribed in Municipal Corporation Acts governing “major municipal areas,” or Public Health Acts that also provide municipal-level commissioners or collectors with quarantine or other powers, including the following:

⮚     Removal of a person to separate premises for medical treatment: “Persons suffering from such a disease may be removed to any hospital or place for medical treatment, based on an order from the Commissioner or the Collector.”[3]

⮚     Cleansing or disinfecting any building or part of any building or any articles: “The cleansing and disinfection of any building or part of it or of any articles in such building which are likely to retain infection, may be required to be cleansed and disinfected based on an order of the Commissioner or Collector to prevent or check the spread of any dangerous disease.”

⮚     Taking special measures in case of the outbreak of dangerous or epidemic diseases: “In case of an outbreak, the Commissioner or Collector may take special measures and by public notice, give directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the spread of the disease.”

Any person who disobeys any regulation or order made under the 1897 Act may be charged with an offense under section 188 of the Indian Penal Code.[4] The person in violation of the provision is liable, upon conviction, to a sentence of simple imprisonment for one month, a fine, or both.  Notwithstanding anything contained in the Code of Criminal Procedure, such offense, at the discretion of the trial magistrate, may be tried summarily.  No suit or legal proceeding lies against any person or authority for anything done, or in good faith intended to be done, under this Act. [5]

During the times of public health emergencies, governments can enforce reasonable restrictions on the fundamental right "to move freely throughout the territory of India.' for its citizens. The Supreme Court has also clarified that the right of privacy is an essential component of the right to life, but that it is not absolute and may be restricted to prevent crime or disorder, or to protect health, morals, or the rights and freedom of others.[6]

Section 3 prescribes the penalty for disobeying any regulation or order made under the Act in accordance with Section 188 of the Indian Penal Code, which is an offence of disobeying directions of a public servant, disobeying person is punishable with imprisonment of either for a term up to six months, or with fine up to Rs 1,000 or both.[7]

Similarly, the Section 270, which talks about any malignant act likely to spread infection of disease dangerous to life, is punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

 

During the times of public health emergencies, governments can enforce reasonable restrictions on the fundamental right "to move freely throughout the territory of India.' for its citizens.

The Supreme Court of India has also clarified that the right of privacy is an essential component of the right to life, but that it is not absolute and may be restricted to prevent crime or disorder, or to protect health, morals, or the rights and freedom of others.

 

The classical remedies for quarantine law enforcement are rooted in the development of legal theory as a body of rules and principles of common law. The earliest precedent of quarantine law dates back to the 1824  Gibbons v. Ogden ruling of the full[1]  bench of United States Supreme Court. The Indian Penal Code, 1860 contains provisions on public health and safety to deal the quarantine enforcement. The Epidemic Diseases Act, 1897 as a special law applied to the containment of epidemics like cholera, malaria, dengue, swine flu and COVID-19 in India. The nation-wide lockdown, from March 25, 2020 to April 14, 2020 uniquely added Disaster Management Act, 2005 for the preventive strategy of the COVID-1

 

After the fourteen-hour Janata Curfew on Sunday the 22nd of March 2020, our Prime Minister has declared a nationwide lockdown of 21 days from March 25 to April 15 in order to contain the spread of coronavirus in India. Following the Prime Minister’s address to the nation on the “vital aspects of Coronavirus” on March 25, when a national lockdown was announced, different states have sought to enforce it by issuing Executive Orders under Section 144 of CrPC, and some by invocation of the Epidemic Diseases Act, 1897 only.

To quote our Prime Minister,

“Every State of the country, every Union Territory, every district, every municipality, every village, every street, every locality is being put under lockdown. This is in effect a type of curfew only.”

This announcement by the Prime Minister finds its basis in Section 2 of Epidemic Diseases Act, 1897.

Thus, the implications of not following a national lockdown could be:

●       Invocation of powers under Section 188 of the CrPC whereby disobedience to the directions of a public servant is punishable with both imprisonment and fine.

●       Section 269 of the Indian Penal Code can be invoked to ensure that nobody spreads infection of a dangerous disease.

●       Section 270 of the Indian Penal Code can be invoked if people malignantly fail to act during an epidemic.

●       Once these provisions are invoked, the enforcement authorities may arrest the person involved.

●       If someone escapes “quarantine”, the authorities may invoke provisions of Section 271 IPC.

●       Lastly, if there are imposition of Section 144 CrPC conditions, then it is a curfew[8]

Towards this end, they may take or require or empower any person to take such measures as may be deemed necessary. They may also, by public notice, prescribe temporary regulations to be observed by the public or by any person or class of persons to prevent the outbreak or spread of the epidemic.  Any person who disobeys any regulation or order passed under this law shall be punishable under Section 188 of the IPC, 1860 with imprisonment for a term ranging from one to six months. For conviction under Section 188, it is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Additionally, States may also issue orders by invoking Section 144 of CrPC, 1973 to restrict public gatherings and impose a curfew. Violation of orders under section 144 CrPC is also punishable under Section 188 of the IPC.[9]

The officers entrusted with the responsibility of enforcing the orders or regulations passed under the Epidemic Disease Act, 1897 shall be protected from prosecution for anything done by them in good faith towards the implementation of this law. With an objective to replace this old law, A Public Health (Prevention, Control and Management of Epidemics, Bio-terrorism and Disasters) Bill was drafted by the Ministry of Health and Family welfare in 2017 to empower local government bodies for taking swift action during emergency situations. Had it been enacted; the authorities would have been better equipped in the present scenario.

 

These are trying occasions. We as a whole need to comprehend the [2] greatness of the calamity that anticipates us in the event that we ignore the prudent steps commanded by the State. We as a whole need to adhere to the guidelines recommended for cleanliness, for example, washing hands as often as possible, social separating, wearing veils, utilizing sanitizers, safe removal of utilized tissues, staying inside, self-confinement during affliction and answering to the human services specialists quickly after building up any manifestation. More than laws and guidelines, it is open help that can help.

 

This post has been written by Ms. Vaishnavi Rai  & edited by Ms. Samreen Ahmed, Research Assistant, ARIL, MyLawman.                                         


[1] timesofindia.indiatimes.com

[2] www.barandbench.com

[3] Municipal Acts of Delhi, Gujarat, West Bengal, Tamil Nadu and Manipur,” Table 1 :Existing Legal Frameworks, Indian J. Pub.

[4] Indian Penal Code, No. 45 of 1860. 

[5] www.loc.gov/law/help/health-emergencies/india.

[6] www.businesstoday.in/

[7] www.businesstoday.in

[8] www.barandbench.com

[9] timesofindia.indiatimes.com