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Discuss about  the legal tools employed by India to battle the pandemic were not originally designed or crafted to meet the challenges and disruptive consequences posed by a 21st century pandemic.

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1. India is struck by a pandemic – COVID 19

2. India used THE EPIDEMIC DISEASE ACT 1897 / The Disaster Management Act 2005 / THE INDIAN PENAL CODE 1806 predominantly to control and manage The COVID 19 Pandemic

3.Discuss about  the legal tools employed by India to battle the pandemic were not originally designed or crafted to meet the challenges and disruptive consequences posed by a 21st century pandemic

4. The legal tools employed by India are ancient, colonial, weak and insufficient to deal with a pandemic, of the size and proportion such as the coronavirus

5. Our existing Indian laws did not have adequate provisions to combat the ill effects of the pandemic

6. The Executive had to resort to ad hoc / reactive / impromptu rule making using a multiplicity of statutes to decide its patchwork / fragmented response to the pandemic

7. The Executive Rule Making took the form of Circulars and Notifications issued by the MInistry of Home Affairs under THE DISASTER MANAGEMENT ACT 2005

8. The Indian laws are found deficient and lacking in its substantiative legal provisions

9. ASSIGNMENT – Draft a new exclusive comprehensive Model Law for India to Regulate Epidemics and Pandemics

10. Source to Draft Indian Pandemic law – World Health Organization (WHO) has launched the Covid 19 law lab to collect legal documents from over 190 countries across the world to help states establish and implement strong legal frame works to manage the pandemic. Our Indian pandemic law can be based on the pandemic laws other countries have to regulate pandemics and can be based on the best practices adopted by other nations in the world to control and manage pandemics legally.

LINKS:

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2. https://www.who.int/news/item/22-07-2020-new-covid-19-law-lab-to-provide-vital-legal-information-and-support-for-the-global-covid-19-response

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