Context: A High level Group of Ministers has decided that all States/UTs should be advised by Health Ministry to invoke provisions of Section 2 of Epidemic Disease Act, 1897 so that all advisories being issued from time to time by the Ministry of Health & Family Welfare/State/UTs are enforceable.
About the Act

• The Epidemic Diseases Act was introduced by the British to tackle the epidemic of bubonic plague that broke out in the then state of Bombay.
• This law aims to provide for the better prevention of the spread of dangerous epidemic diseases. Under the act, temporary provisions or regulations can be made to be observed by the public to tackle or prevent the outbreak of a disease.

Section 2 empowers state governments/UTs to take special measures and formulate regulations for containing the outbreak. It reads:“Power to take special measures and prescribe regulations as to dangerous epidemic disease.—

1. When at any time the State Government is satisfied that the State or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the State Government, if it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose.
2. In particular and without prejudice to the generality of the foregoing provisions, the State Government may take measures and prescribe regulations for the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.”

• Section 2A of the Act empowers the central government to take steps to prevent the spread of an epidemic. It allows the government to inspect any ship arriving or leaving any post and the power to detain any person intending to sail or arriving in the country.
• Section 3 provides penalties for disobeying any regulation or order made under the Act. These are according to section 188 of the Indian Penal Code (Disobedience to order duly promulgated by public servant).
• Section 4 gives legal protection to the implementing officers acting under the Act.

The Epidemics Disease Act is routinely enforced across the country for dealing with outbreaks of diseases such as Swine Flu, Dengue and Cholera.

• For Example in 2009, to tackle the swine flu outbreak in Pune, Section 2 powers were used to open screening centres in civic hospitals across the city, and swine flu was declared a notifiable disease.