Epidemic Disease (Amendment) Ordinance, 2020

Reason for the Ordinance

Before and during the lockdown certain incidents made headlines which worried the entire nation. Covid-19 was spreading faster than blowing wind in the nation and containing it was essential. To reduce the spread of this virus, numerous steps were taken by the Central Government and all the State Governments but the most important step was to identify those affected by the virus and to treat them in isolation.

 To identify those who were affected, the travel history of people were checked and solid restrictions were brought upon travelling and public gatherings. There were a few thousand people who managed to deceive the governments and managed to hide together at publicly accessible locations and then travelled back home before the lockdown was imposed. To identify those infected, people who travelled or gathered together were needed to be tested for the disease. Many hid their travel details and thus forced a hand from the government wherein doctors, nurses and paramedics were sent to people’s homes to take a sample of their DNA for testing. It was at that time that numerous of these possibly affected and the locals attacked these doctors and nurses with sticks, stones, rods and whatnot. These people didn’t realize that these doctors and nurses were risking their lives to protect those who instead attacked them. Professionals form medical field protested against such atrocities faced by their colleagues. Medical professionals are the real heroes in this battle against this disease and their threat of not showing up at hospitals put tremendous pressure on the government. The government had to act and protect its warriors from such mindless buffoons. Thus the President of India promulgated the Epidemic Disease (Amendment) Ordinance, 2020 after consultation with the Cabinet Ministers since the Parliament was not in session.

Amendments in the Ordinance

• The ordinance brought in a series of new sections and sub-sections, one of them being section 1A which defined “act of violence” to any “healthcare service personnel” in detail.
• Another new section, section 2B which prohibits acts of violence to any healthcare service personnel and damage to their property.
• Amendment to section 3 is that the punishment for the act of violence has been added to it. commission or abetment of any acts of violence against said healthcare professionals shall be punished with imprisonment for a term of three months to five years, followed with a fine of Rs.50,000/- to Rs.2,00,000/-. In aggravated cases concerning grievous hurt, the ordinance directs imprisonment for a term of six months, and up to seven years, and with a fine of Rs.1,00,000/- to Rs.5,00,000/.
• Insertion of section 3A, 3B, 3C, 3D and 3E forms as a guide for investigation and trial of the offences and makes these offences cognizable and non-bailable. These sections also allow for a presumption that such an offence was committed and that the accused has a culpable mental state. It is upon the accused to defend and clear these presumptions. It also covers the compensation for damages of the property where twice the fair market value shall be the compensation and upon failure to pay the compensation, it shall be recovered as an arrear of land revenue under Revenue Recovery Act, 1890.

Conclusion

Such an ordinance was very much required because no medical professional deserves to be harassed or ill-treated especially when they are putting their own lives in jeopardy to treat not just Covid-19 patients but all patients across the nation. It is contemplated that the Ordinance will positively impact the morale and reinstate trust and confidence back into our healthcare community, such that they can continue to contribute during these difficult times and to also highlight and uphold the nobility and integrity of their profession and its influence. If the battle with the virus ends, it will be because of these heroes.