Occurring once every century or so, most people live out their entire lives without the threat of a largescale Global pandemic. Providing specific legal provisions for dealing with such scenarios is often not at the top of the list. Countries do not generally have highly advanced laws, legal principles or guidelines to deal with global pandemics. The focus if often on epidemics, smaller outbreaks of diseases such as chicken pox, cholera, instances of war, ethnic strife and fights over caste, creed, sex and religion coupled with ‘Acts of God’ such as earthquakes, floods, famines and tsunamis which in turn result in further outbreaks of communicable diseases and infections.
In India, the Epidemic Diseases Act was passed in February 1897 in the wake of the outbreak of the bubonic plague. It contains four sections in total and was brought about as an interim measure to control the outbreak of “Dangerous Epidemic Disease”. It is pertinent to note that during this period, India was part of the colonized territory of the British and as such the Act gave enormous power to the colonial rulers to take any means necessary to deal with the outbreak of the disease. This Act came into force at a time when British-India had an underdeveloped economy and prospects of industrialization and globalization seemed bleak. Large parts of the subcontinent were ruled by The Queen of England as a Colony of the British. It is thus important to note that the Act was intended to give enormous powers to the Colonial rulers to do whatever necessary in order to end the outbreak of disease and infections in the region. Needless to say the high priority at the time was to save the lives of the British living in the region above all else.
The Epidemic Diseases (Amendment) Ordinance, 2020 was promulgated on April 22, 2020. The Ordinance amends the Epidemic Diseases Act, 1897. The Act provides for the prevention of the spread of dangerous epidemic diseases. The Ordinance amends the Act to include protections for healthcare personnel combatting epidemic diseases and expands the powers of the central government to prevent the spread of such diseases.[1] On June 12, 2020 a three-judge bench of the Supreme Court issued notice to the Centre and state governments of Delhi, Gujarat, Tamil Nadu, West Bengal and Maharashtra in the suo motu case on proper treatment of COVID-19 patients and disposal of bodies of persons who have succumbed to the virus. “The Situation in Delhi is horrendous, horrific and pathetic”, the bench said during the hearing.[2]
The Disaster Management Act came about in 2005 and The National Disaster Management Authority (NDMA) was established under it. It is a nodal central body for coordinating disaster management, with the Prime Minister as its Chairperson. NDMA formulated several Guidelines including the ‘Guidelines on Management of Biological Disasters, 2008’. The national lockdown was also imposed under Section 6 (2) (i) of the Disaster Management Act of 2005.
As India grew as a nation, Globalization and technological innovations were at the core of the economy. Many countries like India, made provisions for Special Economic Zones to attract Foreign Direct Investment and Foreign trade. This ensured that the developing countries seemed like a prosperous location for the growth of economies of the ‘Developed world’. As a result of this and with the advent of industrialization, technology and Globalization, there developed “Push and Pull factors” which led to widespread migration and emigration of a large number of people to big cities and towns to search for work and a better livelihood. The rampant underdevelopment in the agriculture sector further added to the increased migration patterns in our country. Underemployment is a manifestation of the inability of a usual status worker to find gainful employment in short run. [3] Thus in India’s case, the pandemic brought with it the Migrant crisis situation. In pandemics, the issues are not simply limited to the disease itself, but also to the subsequent economic, social or cultural problems that result as a consequence of the pandemic. The devastating aspect of a pandemic doesn’t just affect the health of people directly, it also impacts health, sanitation and the economy in an indirect way. The Supreme Court, took Suo Moto Cognizance, excising its powers under Article 32 and Article 226 of the Constitution of India. It directed the Central and state governments to identify stranded migrant workers and transport them back to their native places within 15 days. (Suo Motu Migrant Crisis Order)[1]
Instances of mental health, heart problems due to stress and problems of sleeplessness are some among the many by-products of lockdowns and quarantines. When the pandemic hit India, its consequences were not restricted to the disease itself. The Supreme Court asked Regulatory and Development Authority (IRDA), the apex insurance regulatory body, to explain what steps it had taken to give effect to a statutory provision which mandates all insurance companies to provide insurance cover to mental illness just like any other physical illness. Notices were issued to this effect to the Union Health Ministry as well on a petition filed by advocate Gaurav Kumar Bansal, who’s also a mental health activist.[2]
There are a number of Public Interest Litigations which knocked the doors of the Supreme Court and the High Courts of affected states. These focused on socio-cultural and economic crises that emerged as a by-product of the pandemic and demanded answers from the state and central governments for the same.
Thus, the outbreak of the Covid-19 which started as an epidemic and then continued to turn into a Global Pandemic brought with it the subsequent crisis of Migrant laborers, dwindling health infrastructure and the economy coming to an absolute stand -still for the better part of the two-month lockdown period. As the situations have continued to unfold, India legal response has been multifold right from invoking the Epidemic and Diseases Act, 1897, the Disaster Management Act, 2005 to the Sun Moto Cognizance taken by the Apex Court.
On the economic front, laws in India have grown and developed over the years. The recurring amendments and legal precedents have made our country strong in terms of protecting its economy. Thus, although, there was no direct legislation to deal with the Covid-19 pandemic and thus the Epidemic and Diseases Act of 1897 (which in all likelihood has remained unchanged for over 100 years) was adhered to, there was, however, a large spectrum of economic laws to help safeguard business, workmen, laborers and industrial houses. The concept of Force Majeure became the highlight of all commercial disputes and the young lawyers who often questioned the need to put standard clauses such as that of Force Majeure while drafting contracts started understanding the core essence of law coming to life during such dire times.
The outbreak and rapid spread of coronavirus impacted world markets, with ripples felt across the globe. The panic selling of investors and the resultant indices experiencing a bear market in full throttle is the validation of the fact that the global recession clock has been set in motion. The speculation of an unforeseen global meltdown turned real when the International Monetary Fund announced that the pandemic outbreak as “humanity’s darkest hour,” which has put the global recession clock ticking with repercussions way worse than the 2008 financial crisis. At present, with nations under lockdown, disrupted supply chains, decreased import and export rate, it is safe to assume that COVID-19 will have a profound impact on the global economy for at least a few quarters – a looming risk to FY21 earnings.[3]
There is a flip side to economic growth on human life which is rarely talked about. In terms of Epidemics or
Communicable diseases, there have been many incidents across the globe and across various time lines wherein things have gone out of hand and economies have been completely destroyed. It is pertinent to remember that it is the living beings, the microorganisms, the animals, the plants that are the most precious assets of a nation-state. This pandemic has been testament to the fact that it is the age-old laws and Governance of a nation state which must play a pivotal role in minimizing loss of life and damage to the economy. The Indian constitution makers were incandescent in their foresight. The system of checks and balances, the three-tier governance and the inherent powers of the judiciary laid the foundation for various sections of the society during unprecedented times.
[1] The Epidemic Diseases (amendment) Ordinance, 2020 published on www.prsindia.org (as on 1oth July, 9:15 pm) [2] SC seeks response of Center, states on treatment of covid-19 patients, handling of bodies, published on 12th june,2020 ( as seen on 4th august 6:45 pm ) [3] Underemployment in India: Measures and Analysis written by Subrata Mukherjee, Dipankar Coondoo & Indrani Chakraborty, para 2 and para14. [4] “Crisis of Migrant Labourers continuing till today” Supreme Court takes suo moto cognizance published in www.barandbench.com on 26th May 2020 (as on 16th July at 11:15 pm) [5] SC wants mental illness to be covered by insurance companies as provided in law, written by Samanwaya Rautray published on 16th June 2020 on www.economictimes.indiatimes.com (as on 16th July 11:23pm) [6] Decoding Past Pandemics & Their Economic Impacts published on April 8, 2020 written by KredX Editorial Team (as on 4th August 6:00 pm)
By: Jahnvi Sharma and Kamakshi Sehgal, Advocates
