Legislation and Lockdowns: The Need for a Public Health Emergency Law in India
Keywords:
India, Public Health Law, Public Health Emergency Law, COVID-19, Epidemic Diseases Act, Disaster Management Act, National Health BillAbstract
India, the largest democracy in the world with the longest constitution amongst all present-day nations, faces a glaring insufficiency in its legal framework. While nations around the world were guided through the COVID-19 pandemic by designated governmental bodies backed by specific articles of legislation, India was forced to employ an alternative approach. The absence of a comprehensive public health emergency law has led to the diffusion of decision-making power and authority over a large number of governmental organizations. This policy brief presents an analysis of the existing legislation that addresses public health concerns within the country and discusses its shortcomings. It also illustrates the need for a comprehensive public health emergency law by drawing connections between India’s response to the pandemic and its complicated legislative position.
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