Health Emergency

An extraordinary event that is determined to constitute a public health risk to another side through the international spread of disease is known as a health emergency.

Constitutionality of Health Emergency

Article 352 states that emergency may be declared on the grounds of external aggression and internal disturbance. Indira Gandhi declared an emergency on the grounds of internal disturbance. This led Janata party in 1977 to replace internal disturbance with armed rebellion with the 44th amendment of the constitution.

The report of the Sarkaria Commission which was appointed to study Centre-state relations said that internal disturbance is nothing but internal violence. Internal disturbance also includes natural calamities like earthquakes, cyclones, etc., it also includes epidemics. Anyhow internal disturbance has been replaced in article 352 but preserved in article 355.

Article 355 states that the Union has to defend all states towards external aggression and internal disturbance. Article 355 offers for the imposition of emergency in a state in case of a breakdown of constitutional machinery in that state. However, the breakdown can also be physical break down i.e., natural calamities, epidemics, disasters, which disable the authority’s equipment. Coronavirus is considered to be a pandemic. Thus, Coronavirus may be without difficulty addressed below the ‘internal disturbance’. The existing standards for imposition of the drastic measures by invoking an emergency under article 352 namely external aggression and armed rebellion would not cover such a situation. However, The Doctrine of Necessity is used to justify the violation of law and order. This doctrine is based on the term ‘necessitas non habet legem’ which means necessity knows no law.

Is COVID-19 a Health Emergency?

It was decided by Dr. Tedros Adhanom Ghebreyesus, the Director-General of the World Health Organization that the COVID-19 outbreak is a public health emergency and also declared as an international concern on 30 January 2020. It is considered as a ‘Pandemic’

Role of Law

Law plays an important role in society. It brings order in society. It plays its role even at the time of health emergency.

The Epidemic Diseases Act, 1897which is used to monitor the diseases during a health emergency. The reason behind drafting this act was that in 1897, Bombay was suffering from the bubonic plague which has a demise toll of 1900 inline within a week. This led the British administration to draft the Epidemic Diseases Act,1897 to prevent the spread of risky epidemic diseases. This is one of the shortest Acts in India comprising of four sections. The first one deals with short title and commencement. The second one gives powers to the state and central government to take special measures and formulate regulation that is to be observed by the people to contain the spread of diseases. The third section describes penalties for breach of the regulations pursuant to section 188 of the Indian Penal Code. Fourth section deals with legal protection for implementing officers under this act. According to this invoice, after a public health emergency is declared authorities or authorities can take measures to prevent and manage the emergency. This act may permit authorities to invoke extreme powers of entering houses and forcibly treating a sick person or a suspected person who carry infection. Authorities can quarantine people who might have been exposed to the disease.

National Disasters Management Act 2005 formulated 30 guidelines on various disasters including the guidelines on the management of biological disasters. The present National lockdown has been imposed under NDMA 2005 as per order dated 24-03-2020 of NDMA “to take measures for ensuring social distancing to as prevent the spread of COVID-199[Section 2 (i)]

State Legislations

Several states introduced their own public health Acts after Epidemics Disease Act was passed. Madras is the first state to pass its own public health Act in 1939 known as Madras Public Health Act,1939. Later, Madhya Pradesh, Punjab, Haryana passed their own Acts.

Conclusion: Though epidemics was not mentioned as a criterion to declare an emergency, it was considered as a factor by interpreting the term ‘internal disturbance’. Legal frameworks are important during emergencies as they can describe the scope of government’s responses to public health emergencies and also, it reminds the rights and duties of the citizens.

AUTHOR: AKARI LIKHITHA, 1st year , BA. LLB. (5YDC), Osmania University.