How the Disaster Management Act can help the govt tackle the pandemic

New Delhi: Prime Minister Narendra Modi on Tuesday announced a 21-day national lockdown to contain the spread of Covid-19 by invoking the Disaster Management Act, 2005. The law gives the Central government powers to take quick policy decisions and impose

What is the Disaster Management Act (DMA)?

DMA is a national law that empowers the Central government to declare the entire country or part of it as affected by a disaster and to make plans for mitigation to reduce “risks, impacts and affects” of the disaster. The Epidemic Disease Act, 1897 does not provide such powers. DMA covers all man-made and natural disasters which are beyond the coping capacity of a community. It also provides powers to the government to act against anyone not abiding by government orders and regulations.

Why did the government use its powers under DMA?

Till Monday, the Central and state governments were notifying Covid-19 management orders under the Epidemic Disease Act, which was envisaged to prevent spread of a disease (and through sea). The epidemic law was enacted to control bubonic plague in Mumbai coming through the sea route and to prevent social gatherings. Thereafter, many state governments have adopted the law and in 2018, the law was enforced in Gujarat to control spread of Cholera.

Never before has the epidemic law been invoked to control a pandemic. That’s not surprising. For instance, to act against anyone defying orders under the law a warrant issued by a court is needed. The law also does not have provisions to enforce mandatory quarantines or social distancing, to provide for quick release of money, or to take over government or private buildings to provide relief. It gives powers to health officials but very little to the law enforcement agencies, which are now implementing complete lockdown. That’s why this lockdown had to be under DMA.