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Medico-Legal Insights Into Covid-19 Pandemic and the Platter of Health Law Reform In India
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| Author:
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MD.ZAFAR MAHFOOZ NOMANI, REHANA PARVEEN
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| Abstract:
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The national legal preparedness for COVID-19 pandemic has feeble supportive health legislations. The limits of sanction and extent of liberation never took the critical understanding and discourse building of health equity during the sledgehammer lockdown period. The legal strategy policy is power centric and underplays the government's duties and the citizens' rights. The government clamped national lockdown to combat COVID-19 pandemic under Indian Penal Code, 1860; Epidemic Diseases Act, 1897 and the Epidemic Diseases (Amendment) Ordinance, 2020. The statutory innovation of 'catastrophe and calamity' beyond the 'coping capacity of the community' of Disaster Management Act, 2005 did not extend to relief and rehabilitative mechanism of Disaster Management Act, 2005.The slew of the enactments such as National Health Bill, 2009 and Public Health (Prevention, Control and Management of Epidemics, Bio-Terrorism and Disasters) Bill, 2017 stalled even in a situation when India became the third country in terms the COVID-19 infections. The Indian government did not resort to Article 47 and Entry 29 of the Constitution of India, 1950 to embark on quarantine and health laws. There is an urgent need of the new generation of epidemic and pandemic driven laws to combat the cascading effect of the COVID-19 beyond the colonial parameters.
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| Keyword:
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COVID-19, Diseases Preparedness, Egalitarian Goals, Health Equity, Health Law Reform.
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| EOI:
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| DOI:
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https://doi.org/10.31838/ijpr/2020.SP1.332
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| Download:
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Request For Article
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