Disaster Management Act, 2005 and the Epidemic Diseases Act, 1897 are being used to control and mitigate the coronavirus outbreak. How do these two laws differ?

Epidemic Diseases Act, 1897 allows the State Governments and the Central Government to adopt any measures to prevent the outbreak of a dangerous disease once confirmed as an epidemic. It is essentially a law to empower the states with centre having limited powers.

Most Indian states have used this law to implement measures like quarantine and mandatory screening. The law allows states to take whatever measures they need to prevent infections, and anyone contravening them can face prosecution, including imprisonment up to six months. However, even as the Epidemic Diseases Act, 1897, gives the Central and State Governments overarching powers, it lacks provisions enabling them to speedily set up management systems required for a coordinated and concerted response. It has also been criticized for being outdated and not up to speed for contemporary health challenges.

Given this, the government has invoked the Disaster Management Act, 2005, since it provides for an exhaustive administrative set up for disaster preparedness. Disaster Management Act details the constitution of administrative authorities like the National Disaster Management Authority, their powers, steps needed to be taken in a situation of disaster, penalties, and rules.