New health law draft: four-tier system, clearly defined powers

The proposed National Public Health Act has been in the works since 2017 and, once enacted, will replace the 125-year-old Epidemic Diseases Act, 1897. It will also cover public health emergencies caused by bioterrorism, natural disasters, chemical and nuclear attacks or accidents.

It is learnt that the draft Bill proposes a four-tier health administration architecture, with “multisectoral” national, state, district and block-level public health authorities who will have “well defined” powers and functions to deal with “public health emergencies”.

While the national public health authority is proposed to be headed by the Union Health Ministry,  be chaired by health ministers of states. District Collectors will lead the next tier, and block units will be headed by Block Medical Officers or Medical Superintendents. These authorities will have powers to take measures for the prevention of non-communicable diseases and emerging infectious diseases, it is learnt.

The proposed law also provides for creation of public health cadres at national and state levels, it is learnt.

The draft Bill has defined various measures such as isolation, quarantine and lockdown, which have been extensively invoked by the Centre and states for Covid management.

It defines a lockdown as “restriction with certain conditions or complete prohibition of running any form of transport” on roads or inland water, it is learnt.

The definition of a lockdown covers “restrictions” on the movement or gathering of persons in any place whether public or private. It also includes “prohibiting or restricting” the working of factories, plants, mining or construction or offices or Educational institutions or market places, it is learnt.

The draft lays down several situations in which “public health emergency” can be declared. They include bioterrorism; appearance of a novel or previously controlled or eradicated infectious agent or biological toxin; a natural disaster; a chemical attack or accidental release of chemicals; a nuclear attack or accident, it is learnt.

While the proposed legislation on public health has been pending for years, it has gained momentum in recent months.

In 2017, the Union Health Ministry had released the draft of the Public Health (Prevention, Control and Management of Epidemics, Bio-terrorism and Disasters) Act, 2017. In September, 2020, the then Union Health Minister Dr Harsh Vardhan had announced in Parliament that the Government would formulate a national public health law.