Thiruvananthapuram: The state legislature has passed the Kerala Epidemic Diseases Bill 2021 which gives the government sweeping powers to ban meetings, celebrations, religious functions and other activities if it considers that these activities or rituals could spread infectious diseases.
Under the Bill, the government would be able to entrust the District Collectors with the task of resorting to suitable action if there is a threat of disease spread. Moreover, the government will be able to quarantine people arriving from other states and close the state borders as long as it wishes.
With the Bill becoming the law, the Travancore – Cochin Infectious Diseases Act of 1897 and the Kerala Infectious Diseases Ordinance of 2021 are no longer in force.
Main provisions of the new law
The government can notify any disease as an infectious disease.
Violation of the law or obstruction of a government official engaged in its implementation could invite imprisonment of up to two years or a fine of Rs 10,000 or both. Anyone inducing another person to violate the law will also attract the same punishment. However, these offences are bailable. If the fine is paid, the prosecution procedures would be stopped. Even after the start of the prosecution procedures, the case could be settled with the permission of the court.
Public and private transport could be restricted.
The government would have powers to decide the social distancing norms.
Assembly of people in public, as well as religious places, can be banned.
The functioning of shops, commercial establishments, factories, workshops and godowns can be restricted or banned.
Working hours of banks, media organisations, health institutions, food distribution, power and water supply and fuel outlets can be restricted.
Bill unlikely to clear legal hurdle: Opposition
Meanwhile, in the Assembly, Opposition Leader V D Satheesan felt that the Bill may not stand legal scrutiny, even though it was passed by the Assembly without being examined by the subject committee.
But, Speaker M B Rajesh accepted the view of Health Minister Veena George that the state government could pass the Bill as Health is a state subject. The Speaker also said that Satheesan’s point could be discussed with legal experts later.
Meanwhile, K Babu of the Congress said that it was for the first time that a Bill was being passed without being placed before the subject committee. Mathew Kuzhalnadan also said that the state’s Bill would have no validity as the Central Government had enacted a similar law in September last year.
Replying to these arguments, the Health Minister said that the Epidemic Diseases Act of 1897 did not apply to the Malabar area and the new legislation was enacted to cover the entire state. However, considering the law enforced by the Centre all over the country, suitable modifications were carried out in the Kerala Infectious Diseases Ordinance 2021 before the Bill was passed, said Veena.
