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Respond to Public Health Emergencies and The Law Preparedness Challenges and Solutions.
SEEJPH 2024 Posted: 14-06-2024
Respond to Public Health Emergencies and The Law Preparedness Challenges
and Solutions
Paluck Sharma1, Samiksha Singh2
1Assistant Professor, Department of Law, Kalinga University, Raipur, India
2Research Scholar, Department of Law, Kalinga University, Raipur, India
KEYWORDS
Epidemic Act,
Human Rights,
Pandemic,
Fundamental Rights,
Health Policy.
ABSTRACT
Laws are a very powerful tool for defending human rights. These could be parliamentary enactments, local
panchayat regulations, international conventions, or constitutions. Every facet of the emergency and public
health response is based on law and policy. Laws made it possible to establish lockdowns, declare states of
emergency, and, more recently, speed the clearance process for vaccines. The removal of antiquated laws,
regulations, and backup plans frequently revealed them to be insufficient or out-of-date, necessitating the quick
creation of new legislation. Never before have so many laws concerning one incident been passed in so many
nations in such a short period of time. Communities are kept safe and lives are saved by domestic legal
preparedness for catastrophes, which includes public health emergencies. The cornerstones of disaster risk
management are law and policy, which establish guidelines for the who, what, and when of emergency response
operations. When preparedness and response efforts lack a solid legal foundation, they may be disorganised
and ineffectual, which frequently causes the most vulnerable individuals to wait longer for critical assistance.
This essay suggests that there is a general deficiency of robust public health emergency legislation as well as a
lack of legal readiness for such situations.
1. Introduction
Approximately 60% of the world's population is thought to reside in metropolitan areas. These places'
higher population densities frequently coincide with an increase in violent crime, auto accidents,
cardiorespiratory illnesses, and traumatic injuries. Every year, injuries of all kinds claim the lives of
about five million people and leave millions more permanently incapacitated [1]. Such injuries and
deaths have a crippling economic cost. The impact of both deliberate and unintentional harm is greatest
in developing nations because of unsafe and inadequately regulated work settings, dangerous roads and
automobiles, and a shortage of emergency medical professionals with the necessary training. By 2020,
road mortality in South Asia are expected to rise by 144%, according to World Bank predictions. Road
traffic accident-related deaths account for 25 percent of all injury-related deaths worldwide. This
generates a demand for pre-hospital care and frequently encourages its development in places where it
is either nonexistent or very basic. In India, a roadside fatality occurs every four minutes. Twenty to
thirty percent are gravely injured, compared to seven to ten percent who are critically injured; of these,
roughly thirty percent are permanently incapacitated, either completely or partially [2]. Despite
accounting for only sixteen percent of all automobiles worldwide, the Asia Pacific area is home to
forty-four percent of all road deaths. The WHO created a document defining the essential ideas for
creating pre-hospital trauma care systems in order to emphasise the significance of this. Public health
emergency laws and regulations are somewhat outdated in many nations; some date back to the late
1800s or early 1900s. It is imperative that laws, regulations, and strategies pertaining to public health
emergencies undergo periodic reviews and updates to ensure their continued relevance and adoption
of a "all-public health risk" approach [11]. In this case, the introduction is examined in section 1 of the
article while the pertinent literature is examined in section 2. Section 3 explains the goal of the work,
Section 4 shows the discussion of the work, and Section 5 concludes the project.
2. Literature Review
A multifaceted policy needs to be created in order to address the problem brought forward by the use
of e-health [4]. When creating a financial plan for the public health sector, the integration and long-
term sustainability of eHealth innovations are taken into account [8]. An e-health policy must be
developed in order to improve e-health integration and protection [3]. Only after taking into account
every facet of the eHealth project can a comprehensive plan be created. Public health policies do not
address the cost of eHealth deployment. The "Platinum Ten Minutes" and "The Golden Hour" are
examples of how important emergency medical services (EMS) are globally, according to [15]. It is
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SEEJPH 2024 Posted: 14-06-2024
common knowledge that a patient has the best chance of surviving if they receive basic care from
qualified medical personnel and are taken to the closest hospital within fifteen to twenty minutes of an
emergency. Despite the ten years of progress in the healthcare industry, India still lacks a single, all-
inclusive EMS that is accessible across the nation [16]. Emergency medical services in India cannot be
effectively managed by a single system [13]. As of right now, only fourteen states had succeeded in
implementing a state-wide EMS. These Principles, which concentrate primarily on public health
emergencies [6], are not meant to address more general structural obstacles to the realisation of the
right to health and rights relating to health. These Principles encompass the duties of non-State actors
to uphold human rights in public health emergencies and to prevent, prepare for, respond to, and
recover from them [12]. They also cover the obligations of States to respect, protect, and fulfil human
rights. The State shall be held accountable for the following acts and omissions for the purposes of
these Principles:
a)The first category includes the actions and inactions of non-state actors that are directed, controlled,
or instructed by the state;
b)The second category includes the actions and inactions of non-state actors that are authorised by the
state to exercise certain forms of governmental authority, as long as they are acting in that capacity at
that specific time.
The study [17] [8] states that when creating an emergency plan, keep in mind that the goals of
preparation are to minimise property damage, avoid casualties, and save lives. Due to a legislative
mandate, many schools draft documented emergency operations plans, or EOPs. Fight the impulse to
draft a plan that only follows the rules. Plans are usually not complete [7]. Remember to take into
account those with impairments as well as those with access and functional needs. Plans get out of date
very rapidly. Create a formal planning team, hold regular meetings, and follow a set review procedure.
3. Methodology
The IoT-23 dataset is a comprehensive resource specifically created for conducting research and
experimentation in the field of Internet of Things (IoT) security. The dataset consists of 23 varied IoT
devices, encompassing a broad spectrum of commonly found devices in smart environments, such as
thermostats, cameras, and smart TVs. The main characteristics of IoT- 23 encompass a wide range of
device types, authentic network traffic patterns, and a multitude of security challenges, rendering it a
valuable asset for assessing and improving the security of IoT systems. IoT-23 offers a valuable
framework within healthcare systems to comprehend and address potential security vulnerabilities that
arise from the incorporation of IoT devices. The utilization of this technology enables to examine
weaknesses, evaluate the effectiveness of security measures, and create plans to protect sensitive
healthcare information in the rapidly growing network of interconnected medical devices.
Law And Emergency Care Implications
Working together is necessary to create an emergency response plan that works. Administrators,
educators, nurses, facility managers, school psychologists, transportation managers, food people, and
family services representatives should all be on the emergency planning team. To ensure that particular
issues are taken into account in the early phases of planning, this planning committee should also
include representatives from student and parent organisations, individuals with disabilities and special
needs, ethnic minorities, and religious organisations. First responders, municipal emergency
management personnel, and other individuals with roles and duties in school emergency management
prior to, during, and following an incident should also be a part of the planning team [9]. Local
emergency managers, public and mental health professionals, school resource officers, fire officials,
law enforcement officers, and emergency medical services personnel are included in this group [10].
Policies and legal frameworks can play a critical role in public health emergencies by highlighting
citizen rights and responsibilities and by defining the parameters of government response. "The
Epidemic Diseases Act of 1897," one of the shortest Acts in India, is divided into four sections. The
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SEEJPH 2024 Posted: 14-06-2024
sections are succinct, and it is clear that the act was only created with the Indian subcontinent's then-
current circumstances—the 18th century—in mind. The phrase "dangerous" is not defined in the
Epidemic Diseases Act of 1897. When a sickness should be deemed "dangerous" by the government
or central authority is not clearly defined. As a result, there is limited transparency and the act has the
potential to be abused [14]. The act's provisions do not clarify what constitutes a "dangerous" sickness.
There isn't a set framework, but variables like the severity of the issue and the age of those impacted
can be taken into account. An adjustment should be made to the act to improve its implementation.
1.1.Case study: Law and policies in public health emergency care
There isn't a single, comprehensive PHE response and readiness code in India. A variety of federal and
state laws, including as those pertaining to epidemics and infectious illnesses, disaster management,
public health, and criminal law, contain legal provisions pertaining to PHEs. Two central laws –
• The Epidemic Diseases Act and
• The Disaster Management Act
Dominate the legal framework on PHEs. When analysed using the duty-power-restraint framework:
a) The Epidemic Diseases Act only confers powers; it does not impose restrictions on
government or create obligations or accountability. These themes were largely
replicated in state regulations issued under the Act during the Covid-19 pandemic.
b) The Disaster Management Act gives the government the authority and responsibility to
manage disasters, but it is not a PHE-focused law, so it does not provide PHE
preparedness and response measures.
The limitations of the current Indian PHE framework are further highlighted by a number of the events
that transpired during the Covid-19 pandemic; this article addresses the following facets of India's
reaction to the pandemic [5].
• Containment –Although the framework of current laws and recurring executive orders seemed
to address the fundamentals of containment tactics, the results were uneven enforcement among
states, misunderstandings and disinformation, and regular public infractions.
• Quarantine and Isolation: Due to capacity issues, contact tracing attempts were unsuccessful;
healthcare workers protested the lack of protective gear by going on strike; individuals
deliberately avoided and fled filthy, inadequately equipped isolation and quarantine centres;
and legal opposition was raised to digital monitoring initiatives due to their lack of privacy
safeguards.
• Testing: After a delayed start, the testing strategy that was eventually implemented was
constrictive and probably covered up the true prevalence of the disease in the population in the
first few months. During this period, capacity limitations were made worse by the exclusion of
the private sector from testing, and the administration wavered on the issue of pricing, which
resulted in legal disputes.
• Authorities: Questions about the legal foundation and authority of the instructions issued by
the central entities tasked with coordinating the pandemic response were raised by the
uncertainty and opacity surrounding their statutory authority, operations, and respective
functions. This necessitated judicial intervention.
• Treatment: a lack of appropriate protocols, attempts to arbitrarily regulate pricing, and a failure
to provide government funding options for treatment in private healthcare facilities resulted in
public hardship when seeking treatment, which again required the intervention of the courts.
Vague and opacity surrounding the regulatory procedures followed for approval of vaccines led
to public concerns regarding their safety and efficacy.
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1.2.Need for Dedicated PHE Legislation in India
The significance of having a legal framework on PHEs cannot be emphasised, even though it is
impossible to establish a direct causal relationship between the response's bottlenecks and the lack of
a more comprehensive PHE law. It is therefore imperative that the current legal framework in India for
PHEs be reassessed in order to rectify its numerous deficiencies and integrate the essential elements of
contemporary PHE legislation in a way that is suitable for the Indian setting. Among the several
concerns that must be taken into account are:
• • the center's PHE legislation's scope, including whether it covers domestic administrative
duties as well as obligations abroad;
• • the necessity of state-specific laws as well as the fundamentals of the allocation of powers
among the various levels of government;
• • the administrative infrastructure's ability to manage PHE reaction and preparation efforts,
responsibility allocation, and establishment of coordination mechanisms;
• structuring of legislation – the content and levels of specificity in primary and secondary
legislation, and the status of PHE protocols vis-à-vis the law;
• • the composition, duties, and jurisdiction of the oversight and accountability systems;
• • the characteristics of a PHE law's rights, such as the degree of precision required, the
justification for the inclusion of related obligations, and the type and availability of remedies
for infractions.
The government must have clear, unambiguous, and robust authority under these laws to act in an
emergency. While laws should be enacted in every nation according to the specific circumstances, the
most successful laws share a few universal traits. Some nations may have a public health emergency
law that encompasses all of these qualities, whereas other nations may have laws, rules, and other
legal measures that cover different aspects of public health.
4. Results and discussion
Despite being an ad hoc entity, the Law Commission of India has played a significant role in India's
legal reform process. Its function has encompassed not only consultative but also critical engagement
with government policy; the Indian Supreme Court and academic community have acknowledged it as
a forward-thinking and innovative institution. The Supreme Court has mentioned the Law
Commission's work in several rulings; often, a former Supreme Court judge has only contributed to
the Commission's notoriety. It is an executive body that the Indian government formed by decree. Its
primary duty is to promote legal reform. The majority of its members are legal professionals who have
been given a mandate by the government. The commission serves as an advisory body to the Ministry
of Law and Justice and was constituted for a set period of time. Human rights are as old as states
themselves. The world showed its profound concern for human rights with the formation of the League
of Nations and the United Nations following the Second World War. The necessity for independent,
transparent, and easily accessible NHRIs was affirmed by the UN General Assembly in 1993, the
Vienna Declaration and Programme of Action, and the Paris Principles of 1991. The Indian government
was forced to establish a specialised agency to address the issue of human rights protection and
promotion because it was coming under intense domestic criticism for alleged violations of human
rights in Jammu and Kashmir, Punjab, and for alleged violations of pressure from both inside and
outside the country. On September 28, 1993, the President of India issued an ordinance that, after a
few changes, became the legislation. On October 12, 1993, the NHRC was established in accordance
with this legislation. Human rights are very much a pragmatic concept about those rights that are
thought to be manifestly important for the survival, dignified life, and growth of all human beings.
They are neither abstract nor ideal. In fact, state was created for the sake of maintenance of rights of
man that are endowed to him by the nature. Different scholars and philosophers have assigned different
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duties to the state. Thus, it can be concluding that man created state for the Protection and manifests
that any system if not able to protect the rights of the citizens, was rejected and changed. In modern
times.
5. Conclusion and future scope
This study will address the multifaceted, multifaceted, and cross-cultural issues that impacted
individuals face. These benchmark features are described in this text to assist legislators in creating a
suitable legislative framework. Furthermore, the study's primary focus will be on the social and
economic challenges that intelligent individuals face. The study will be a useful tool for raising public
knowledge of disease risks and dangers as well as how to prepare people for emergency care. The
government will benefit from the study in that it will help to improve the effectiveness of emergency
care management and warn communities that are currently in the vicinity of the cost. The research may
also serve to inform the public about what to do and where to get assistance in the event of a disaster.
The research papers on novel issues and theories that support further investigation. Overall, the study
could support the expansion of disaster management research and be a helpful reference for future
research.
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