Law Commission Report suggests creation of Epidemic Plan and Standard Operation Procedure to deal with future epidemics

Subject: Polity

Section: Legislation in news

Context:

The 286th Law Commission Report recommended creation of an Epidemic Plan and Standard Operation Procedure to address future epidemics

More on news:

After the Covid-19 pandemic, the Law Commission suo moto decided to examine the existing legal framework to tackle what it calls “significant deficiencies in addressing the containment and management of future epidemics in the country”.
Highlighting the limitations of the Epidemic Diseases Act, 1897 (EDA), the 286th Law Commission Report states “the management, control and prevention of epidemic diseases cannot be restricted to a century-old law.”
Law commission highlighted that there is no clear demarcation between the powers of the Centre, state, and local authorities during an epidemic, which leads to uncoordinated responses.

Key findings of the report:

The report notes that the EDA was not designed to combat modern issues with the spread of infectious diseases.
Globalization and increased connectivity is resulting in infectious diseases rapidly turning into epidemics or pandemics.
The report claims that EDA has great potential for abuse.
The report seeks to make comprehensive recommendations for the amendment of the EDA or the introduction of a new law altogether.
The most dramatic change suggested is the creation of an Epidemic Plan and a Standard Operating Procedure to address the spread of infectious diseases.

More about Epidemic Plan:

This would make sure the powers and obligations of different levels of government are clearly demarcated so that there is a coordinated response to any public health emergency.
The duty to create this Epidemic Plan falls on the Central government and the report recommends doing so in collaboration with state governments and after consulting the ministries concerned, private health institutions, expert bodies and other stakeholders.
The report recommends that the EDA must include provisions to ensure that the Epidemic Plan is prepared, enforced, and revised at regular intervals.
The plan should include provisions on quarantine, isolation, and lockdowns, while ensuring that the measures are implemented fairly, without violating the fundamental rights of citizens.
It should also contain provisions on privacy-friendly disease surveillance, regulating the distribution, availability and transport of medical supplies, proper dissemination of information to the public, medical testing and research for vaccinations and medicines, and the safe disposal of infectious waste among a variety of other subjects.

About Standard Operating Procedure (SOP):

The report suggests the creation of a Standard Operating Procedure (SOP) which will “ensure proper and coordinated response to any epidemic with pre-defined powers and roles in case of a public health emergency”
The SOP suggested in the report defines three stages of the spread of infectious diseases as well as the responses at each stage.
At the first stage, “Outbreaks in the State”, the report recommends giving states the power to take “sufficient measures” that are in line with the Epidemic Plan.
It includes empowering local authorities to take preventative measures to contain the disease at a “micro-level”.
At the second stage, “Inter-State Spread of Epidemic Diseases/Pandemic”, the report suggests that the Central government should have the power to frame regulations on the basis of the Epidemic Plan, and states should act in accordance with these regulations.
For the third stage, “Extreme Threat from Infectious Diseases”, the recommendations are similar to those provided for the second stage.
If states are unable to contain the spread of infection and there are conflicting guidelines then, the Central government will step in to impose uniform measures, either by itself or by empowering a central agency.

About Law Commission:

The Law Commission of India is a non-statutory body constituted by the Government of India from time to time.
The first Law Commission of independent India was established in 1955 for a three-year term. Since then, twenty one more Commissions have been established.
The first Law Commission was established during the British Raj era in 1834 by the Charter Act of 1833 and was chaired by Lord Macaulay.
It works as an advisory body to the Ministry of Law and Justice.
The Law Commission undertakes research in law and review of existing laws in India for making reforms therein and enacting new legislations on a reference made to it by the Central Government or suo-motu.