NITI Aayog report : What is  PHEMA?

The NITI Aayog has recently proposed the establishment of a comprehensive framework to handle future public health emergencies or pandemics effectively.

Lessons Learned from COVID-19:

• Gaps in Legal Frameworks: Existing laws like the Epidemic Diseases Act (1897)and National Disaster Management Act (2005) were insufficient for handling large-scale health emergencies. These laws lack clarity on definitions of epidemics and provisions for managing public health crises, drug distribution, and quarantine measures.
• Delayed Response and Coordination: The COVID-19 pandemic exposed weaknesses in coordination between central and state governments, highlighting the need for a more organized response mechanism.
• Inadequate Surveillance: Insufficient disease surveillance and early warning systems delayed the identification of threats. The role of zoonotic diseases, especially viruses linked to bat species, underscored the need for better monitoring of human-animal interactions.

What specific recommendations does the NITI Aayog report make?

• Enactment of PHEMA: Introduce the Public Health Emergency Management Act for a more robust legal framework to manage pandemics and other health emergencies.
• Empowered Group of Secretaries (EGoS): Establish a central committee to oversee pandemic preparedness, governance, R&D, surveillance, and response efforts.
• Strengthened Disease Surveillance: Create a national biosecurity and biosafety network and monitor human-animal interfaces, especially for zoonotic diseases.
• Emergency Vaccine Bank: Develop a stockpile of vaccines for rapid access during health crises, sourced domestically or internationally.
• Early Warning and Research Network: Build a forecasting and modelling network, along with Centres of Excellence (CoEs) to advance research on priority pathogens and preparedness.

How can India enhance its pandemic preparedness framework? (Way forward)

• Strengthening Legal and Institutional Frameworks: Enact a Public Health Emergency Management Act (PHEMA) and establish an Empowered Group of Secretaries for coordinated pandemic response.
• Enhancing Surveillance and Early Warning Systems: Build a robust disease surveillance network, biosecurity system, and epidemiology forecasting for early detection and response to outbreaks.
• Investing in Health Infrastructure and Vaccine Stockpiles: Develop public health cadres, boost healthcare infrastructure, and create an emergency vaccine bank for rapid deployment during health crises.

About The Epidemic Diseases Act, 1897:

The Epidemic Diseases Act, 1897 is a colonial-era law enacted by the British government to combat the spread of dangerous epidemic diseases in India. It was introduced at the time of the bubonic plague outbreak in Bombay (now Mumbai) and has since been used during various public health crises.

Key Provisions:

1. Power of the Government: The Act grants the central and state governments the authority to take special measures and prescribe regulations to prevent the outbreak or spread of any dangerous epidemic disease. This includes restricting the movement of individuals, inspecting ships, and detaining people suspected of being infected.
2. Protection of Government Officials: Section 4 of the Act provides legal protection to public servants involved in implementing measures under this Act, shielding them from prosecution for actions taken in good faith.
3. Punishment for Disobedience: Section 3 of the Act outlines penalties for individuals who disobey orders or regulations issued under the Act. Punishment can include fines or imprisonment under Section 188 of the Indian Penal Code (IPC), which deals with disobedience to orders duly promulgated by a public servant.

Application During the COVID-19 Pandemic:

The Epidemic Diseases Act was invoked in India during the COVID-19 pandemic in 2020. Several states issued regulations under this Act to enforce lockdowns, quarantines, and restrictions on gatherings. The government also used it to regulate travel, close educational institutions, and impose penalties for spreading misinformation about the virus.

Criticism and Calls for Reform:

While the Act provides quick and broad powers to governments, it has been criticized for being outdated. Critics argue that the law does not adequately address modern public health challenges and lacks clear definitions or guidelines for coordination between central and state governments. During the COVID-19 pandemic, there were calls to replace the Act with more comprehensive and updated legislation that focuses on human rights, transparency, and better coordination in handling epidemics.