Epidemic Diseases Act amended to protect healthcare workers from violence

This law amends the Epidemic Diseases Act, 1897 to protect healthcare workers from violence and harassment during epidemics and grants the Central Government concurrent powers to take measures to prevent disease spread, including inspecting and detaining travelers at ports and aerodromes.

Who it concerns: The law affects healthcare service personnel (doctors, nurses, paramedical workers, community health workers, and others declared by the State Government), individuals or entities committing acts of violence or property damage against them, and the Central and State Governments regarding epidemic control measures.

What the bill does

• Defines 'act of violence' to include harassment, harm, intimidation, obstruction, and property damage against healthcare service personnel during an epidemic.
• Prohibits any person from committing acts of violence against healthcare service personnel or causing damage to property during an epidemic.
• Makes offenses under Section 3(2) and 3(3) cognizable and non-bailable.
• Prescribes punishment for committing or abetting violence: imprisonment of 3 months to 5 years and a fine of ₹50,000 to ₹2,00,000.
• Prescribes punishment for causing grievous hurt: imprisonment of 6 months to 7 years and a fine of ₹1,00,000 to ₹5,00,000.
• Requires investigation by a police officer not below the rank of Inspector, to be completed within 30 days of the FIR.
• Mandates that trials be concluded within one year, extendable by up to six months at a time for recorded reasons.
• Allows the victim to compound (settle) offenses under Section 3(2) with court permission.
• Creates a presumption that the accused committed the offense under Section 3(3) unless proved otherwise.
• Requires convicted persons to pay compensation for hurt/grievous hurt and twice the fair market value for damaged property or loss.
• Empowers the Central Government to inspect and detain buses, trains, goods vehicles, ships, vessels, or aircraft, and persons traveling on them, at land ports, ports, or aerodromes.
• Repeals the Epidemic Diseases (Amendment) Ordinance, 2020.

Also in the document

• The Act is deemed to have come into force on April 22, 2020.
• It repeals the Epidemic Diseases (Amendment) Ordinance, 2020, while preserving actions taken under the Ordinance.
• It removes the exclusion of former Part B States from the Act's territorial extent.