Before a national lockdown was announced from 25 March 2020, several states announced state level lockdowns using powers in the Epidemic Diseases Act, 1897. But what is this 123-year-old legislation? Here is a detailed explainer. The spread of COVID-19 is putting to test the healthcare systems of countries across the world as the numberof cases being reported is increasing exponentially. As on 25 March 2020, WHO’s dashboard reveals that 4.16 Lakh confirmed cases from 196nations have been reported since the onset of the disease. It has also resultedin more than 18,500 deaths across the world. Close to 700 cases are reported inIndia as of 26 March 2020. India has also reported 16 deaths till date. Nationwide lockdown announced by PM on 24 March 2020 for 21 days Prime Minister Narendra Modi announced a complete lockdown of India for 21 days starting 25 March 2020 as ameasure to contain the spread of the global pandemic. Prior to thisannouncement, different state governments including Delhi, Maharashtra, and Telangana had already announced state-wide regulations for the same reason. Thedecisions taken the state governments is by invoking the British-eralegislation known as The Epidemic Diseases Act, 1897. 123-year-old Epidemic Diseases Act is being used in India to deal with COVID-19 Epidemic Diseases Act, 1897 was implemented by the British, 123 yearsago, to confront the plague epidemic which had significantly affected Bombay. Thelegislation is a simple two-page document with four sections that came intoeffect on 4 February 1897. The Act has only four sections. While the first section of the act describes the title and scope, Section2 gives state governments the authority to take adequate measures throughpublic notice and impose temporary regulations on public in order to preventthe outbreak of the epidemic. By invoking this law, state governments get the authority to inspectpeople and send them in quarantine, if necessary. Multiple states have invokedthis section to come up with their own regulations as listed below. The Telangana Epidemic Diseases (COVID-19) Regulations, 2020 Kerala Epidemic Diseases, COVID-19 Regulations, 2020 Delhi Epidemic Diseases (COVID-19) Regulations, 2020 The Maharashtra Epidemic Diseases (COVID-19) Regulations, 2020 Karnataka Epidemic Diseases (COVID-19) Regulations, 2020 Act gives authority to state and central governments to inspect & take effective measures to prevent outbreak Similar powers are also extended to the central government under thislaw. The Central Government can take measures and prescribe regulations to eveninspect people entering the country through the coastal borders. Inspection ofships and vessels in ports across the country and their detention can also beprescribed by the government. Disobeying government’s orders under this act can lead to punishment under section 188 of IPC Section 3 of the Act states that persons violating the orders orregulations issued by centre/ state governments under this act will be bookedunder Section 188 of Indian Penal Code. The violation could lead to a simple imprisonmentwhich may extend up to a month and a penalty of Rs. 200 depending on theintensity of violation. The last section protects those persons/ officialsacting under this law. The law has been criticized for being ‘draconian’ since it gives the governments exceptional power totake measures by just notifying the public. Further, the law does not definewhat an epidemic disease is. It does not provide any guidelines or protocols tobe followed at the time of an epidemic outbreak. The law is more than a centuryold and does not take into consideration the modern scenarios of urbanization,technology, transportation, etc. all of which might play an important role intackling the situation. The act has no mention of the rights of citizens duringthese times. COVID-19 is being treated as a disaster by NDMA All the state level orders made under the 1897 act are now superseded bythe order of the Ministry of Home Affairs (MHA). COVID-19 outbreak hasbeen considered a national disaster as a result of which National Disaster Management Authority (NDMA) has invoked of Disaster Management Act, 2005 (DMA) to order states and union territories directingthem to take lockdown measures. Section 6 of the Act entrusts NDMA with theresponsibility to lay down policies, guidelines, and plans for disastermanagement so as to ensure timely and effective response. These rules are to befollowed at the state level and the national level by all state authorities,ministries and departments. The DMA came into effect in December 2005, a year after the Tsunami hitthe Indian coasts causing extensive damage.