Keywords: Introduction, Enactments to control pandemic, Measures taken by states, IMAΒ
Law plays a significant and structural role which is also responsible for the creation of an infinitely complex network of legal relations connecting every single individual of a society.Β Our individual and social behaviour derives its genesis from the law, which is responsible forΒ the development of social reality. In the present situation, COVID-19 is our reality. It is anΒ eye-opener for all of us, as a community, as citizens and even as a nation. From Mandvi ofΒ Bombay (presently Mumbai), the plague gradually engulfed a massive human populationΒ within a short span of time. In order to combat such an epidemic, the Epidemic DiseasesΒ Act was enacted in 1897. Section 2 of the legislation confers a discretionary power upon theΒ state government to adopt temporary regulations to be observed by the public or by anyΒ person/class of persons as it shall prevent the outbreak of such epidemic. The centralΒ governmentβs power was however inserted by an amendment in 1920. According to section 2A of the act, the central government, concerned that any part of the entire country isΒ threatened with an outbreak of an epidemic, may take measures and prescribe regulations. AsΒ per section 3 of the Act, anyone who violates the act shall be deemed to have committed anΒ offence punishable under sectio188 of the Indian Penal Code.Β
Allied Indian Legislations vis-Γ -vis Public HealthΒ
India has certain public health enactments with an objective to prevent and control epidemicΒ diseases. For example, iThe Live-Stock Importation Act primarily regulates the importationΒ of livestock and livestock products which is likely to be affected by infectious and contagiousΒ disorders. The same legislation also empowers the state government (Section 4) to make rulesΒ for the detention, inspection, disinfection, or destruction of imported livestock. The IndianΒ Ports Act under Section 6 empowers the government to make rules for the prevention ofΒ danger arising to the public health by the introduction and the spread of anyΒ COMMUNICABLE DISEASE from vessels arriving at or being in, any such port, and forΒ the prevention of the conveyance of infection or contagion by means of any vessel sailing from any such port. The Drugs and Cosmetics Act under section 26B empowers theΒ Central Government to manage, restrict, or manufacture drugs within the publicβsΒ interest. If the Central Government is satisfied that a drug is important to satisfy theΒ wants of an emergency arising thanks to epidemic or natural calamities which withinΒ the public interest, it’s necessary or expedient so to try to then, that Government may, byΒ notification within the Official Gazette, regulate or restrict the manufacture, sale orΒ distribution of such drug. the sweetness of IDSP lies in its capacity building, dataΒ management and closed-circuit television with the appliance of data and CommunicationΒ Technology. Albeit, these enactments are taking public health issues in consideration butΒ our existing situation demands integration and convergence of all the relevant sectorsΒ under one legislative roof.Β
State-Level Regulations in regards to epidemics & COVID-2019Β
India has enacted quite a few state legislations for public health. For example, section 81Β of The Madras Public Health Act empowers the government to make such rules as theyΒ deem fit for the treatment of persons affected with any epidemic and for preventing theΒ spread of the same. It has even a clause on such infectious diseases that are transmissibleΒ through animals (Section 61). Section 86 of The Cochin Public Health Act empowers theΒ government to make rules as they deem fit for the treatment of persons affected with anyΒ epidemic, endemic or even infectious disease. The Goa, Daman and Diu Public HealthΒ Act was also enacted along similar lines (Section 75).Β
The West Bengal Epidemic Disease COVID 19 Regulations mandates all government andΒ private hospitals to have an influenza-like illness and flu corners for the screening ofΒ suspected COVID-19 cases. 1The imposition of social distancing has been directed under theΒ 2020 regulation. Certain geographical areas may be declared as containment zones by barringΒ any entry and exit of people or vehicles. Similarly, under Maharashtra Regulations forΒ Prevention and Containment of Coronavirus Disease, the State Integrated DiseaseΒ Surveillance Unit (under IDSP) and District Collectors have been entrusted with certainΒ duties and obligations to combat COVID-19. Even the Municipal Commissioner is competentΒ to implement containment measures in Maharashtra. Delhi Coronavirus Regulations alsoΒ empowers the surveillance personnel to enter any such premises to trace and detect COVID-19. Such entry by the surveillance personnel has been declared lawful under the regulation.Β
The Indian government has also taken recourse to Disaster Management Act by declaringΒ COVID-19 as a notified disaster.Β From a pharmaceutical angle, India imports almost 80% of its raw materials from China.Β India has recently developed an indigenous testing kit for COVID-19. Previously it wasΒ heavily dependent upon imported testing kits. Therefore, we need to consider all these gapsΒ while reforming healthcare laws. In fact, international legal instruments should also take intoΒ account while adopting a comprehensive health law. In the absence of a law, it is now withΒ the governments to determine and adopt innovative measures to eliminate this pandemic. TheΒ rights of the medical professionals and healthcare personnel, promotion of investments in theΒ healthcare sector as well as medical research, the establishment of an emergency fund forΒ pandemic crises, restrictions in travel and movement during a pandemic emergency, adoptionΒ of a health information system, regulation of animal markets/trade, and alignment ofΒ fundamental rights of pandemic law are some core areas that need immediate attention. InΒ order to regulate the avenues of social distancing, mandatory isolation and quarantine,Β inclusive public health laws should also consider the thresholds as enshrined under Article 19Β and Article 21 of The Constitution of India.Β
INDIA is taking steps that could make doctor shortage a non-issue in coronavirusΒ battle
By changing MCI regulations, India is the only country that can produce over 1.5 lakh doctorsand specialists and this is often our greatest artillery against Covid-19 pandemic.
Consistent within the consideration, doctors in vital disciplines like anaesthesiology,Β pulmonology, cardiology and radiology who are waiting to look for the last word examΒ with a “Board Eligible” degree should be allowed, with immediate effect, to startΒ out helping within the management of Covid-19 cases. India has around 50,000 suchΒ specialist doctors who can play a huge part just in case coronavirus cases within theΒ country happen to rise exponentially. The suggestions say these specialists couldΒ be handed their “Board Certified” degree at a later stage, after passing the exam.Β
In AHMEDABAD doctors complain of lack of professionalism. The Ahmedabad Civil Hospital is that the biggest within the state and thereforeΒ the government had kept apart 1,200 beds for Covid-19 patients here, aside from 500Β beds. 69 medical staff, including nurses, and doctors have tested positive at GUJARATΒ CANCER RESEARCH INSTITUTE.Β
Indians to realize as US readies positive identification for doctors The Bill also allows doctors with five years experience within the US and a piece record that proves that theirΒ admission to the US would be in the national interest, to urge green cards without a capΒ if they’re doing Covid-19 related work. It also proposes a replacement SpecialΒ Immigrant positive identification category for doctors on Covid-19 duty.Β
PUNE: Indian doctors could emerge because of the biggest beneficiaries of aΒ replacement regulatory proposal within us that seeks to liberalise visa rules forΒ healthcare professionals within the wake of the Covid-19 pandemic. The Health andΒ Economic Recovery Omnibus Emergency Solutions Act, or HEROES Act, proposed byΒ the Democrats within the House of Representatives includes provisions for immigrantΒ visa extensions.Β
MAHARASHTRA implore five laws to cap high private hospitalΒ costs. In a first, the government has capped treatment costs privately hospitals for peopleΒ without medical insurance. For others, the capped prices will inherit effect once theyΒ exhaust their medical cover. the choice comes after several patients with COVID-19 andΒ other ailments highlighted the exorbitant cost of treatment at private hospitals.Β
The Indian Medical Association has written to the central government demandingΒ an ordinance to guard the medical profession against violence. The IMA has alsoΒ made the decision for a ‘White Alert’ to the state at 9:00 pm on Wednesday, duringΒ which all doctors and hospitals will light candles as a symbol of protest and vigil againstΒ their mistreatment and abuse. The IMA also warns that they’re going to observe a ‘BlackΒ Day’ if no action is taken by the Government.Β
IMA says that doctors are abused, beaten up, denied entry and lodging since theΒ coronavirus outbreak. consistent with the letter by the IMA, obstruction to cremation ofΒ doctors who lost their lives fighting the virus was the aggravation, “We demand a specialΒ Central Law against violence on doctors, nurses, health care workers and Hospitals by anΒ ordinance,” wrote the IMA within the letter to the Government.Β
All of the aforesaid legislation, regulations, and initiatives are relevant in the current context,Β but they fail to address the ethical issue of equitable access to public healthcare. In thisΒ context, The National Health Bill of 2009 was quite progressive as it touched upon the humanΒ rights dimension of public healthcare. The bill defined epidemic as an βoccurrence of cases of the disease in excess of what is usually expected for a given period of time, and also includes any reference to disease outbreak.
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