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Draft Public Health (Prevention, Control and Management of Epidemics, Bio-terrorism and Disasters) Bill, 2017 issued
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Ramesh Shankar, Mumbai
February 28 , 2017
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The Union health ministry has issued a draft Public Health (Prevention,
Control and Management of epidemics, bio-terrorism and disasters) Bill,
2017 to provide for the prevention, control and management of epidemics,
public health consequences of disasters, acts of bio terrorism or
threats thereof and for matters connected therewith or incidental
thereto.
As per the draft Bill, if any state government or
administration of Union Territory or any district or local authority is
of the opinion that a public health emergency has arisen or is likely to
arise, it may, by order require or empower any official of the district
or local authority as the case may be, to take such measures and for
such duration of time, to prevent, control and manage the public health
emergency, as may be stated in such order; require any person or class
of persons to observe such measures, for such duration of time, as may
be stated in such order; prohibit any such activity as stated which is
or is likely to be inimical to public health in any area under its
jurisdiction; and quarantine or restrict the movement of any person or
class of persons or any object or class of objects suspected to be
exposed to any such disease or exposed to any substance as may be stated
in the order.
The Bill further states that if any state
government or administration of Union Territory or any district or local
authority is of the opinion that a public health emergency has arisen
or is likely to arise, it may, by order isolate any person or class of
persons infected or suffering from any such disease as may be stated in
the order; conduct medical examination including laboratory examination
of, and provide treatment, vaccination or other prophylaxis to any
person or class of persons exposed to or suffering from or suspected to
be suffering from any such disease as may be stated in the order; and
undertake deratting, disinfection, disinsection, decontamination,
treatment, destruction or disposal of baggage, cargo, containers,
conveyances, goods, postal parcels, human remains, animals, birds or
biological substances to remove infection or contamination including
vectors and reservoirs of infection.
As per the Bill, if any
state government or administration of Union Territory or any district or
local authority is of the opinion that a public health emergency has
arisen or is likely to arise, it may, by order notwithstanding any other
provisions in any other Act or Statute, ban or regulate the purchase,
transport, distribution, sale, supply, storage, as appropriate, of any
drug or of any other material which contains hazardous or toxic
substance; provide for the inspection and, if required, detention of any
shipment, cargo or objects being transported, as also of any vehicle ,
vessel, ship, aircraft, train, or any other form of transport, leaving,
arriving at or passing through any place including any port, airport,
bus station or railway station, ground crossing as the case may be, in
any area; order detention of any person traveling or intending to travel
or carrying or intending to carry any animal or plant or bio-hazardous
material by any mode of transport as may be considered necessary;
authorize any official or person to enter and inspect, without prior
notice, any premises where public health emergency has either occurred
or is likely to occur; direct any clinical establishment to admit,
isolate and manage cases arising out of public health emergencies and to
furnish any report or return in such form and in such manner as may be
prescribed and to provide such services as directed; and disseminate
such information as deemed appropriate and take such other appropriate
measures in such circumstances including closure of markets, educational
and other institutions and social distancing.
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