INDIA'S LEGISLATIVE RESPONSE TO THE COVID-19 HEALTH EMERGENCY: MAKING THE CASE FOR A COMPREHENSIVE PUBLIC HEALTH EMERGENCY LAW IN INDIA

被引:0
作者
Gupta, Mayuri [1 ]
Shanthakumar, S. [1 ]
Khaire, Deesha [2 ]
机构
[1] Gujarat Natl Law Univ, Ahmadabad, Gujarat, India
[2] Maharashtra Natl Law Univ, Nagpur, India
来源
JOURNAL OF LAW AND POLITICAL SCIENCES | 2024年 / 43卷 / 04期
关键词
Healthcare; Emergency; COVID-19; Constitution; legislation; India;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
India experienced significant implications of the COVID-19 pandemic. The COVID-19 laid bare the flaws in India's governance and legal framework regarding healthcare emergencies. While India is constitutionally obligated to safeguard the healthcare and well-being of its population, it is quite astonishing that even after seventy-seven years since independence, India is yet to establish a comprehensive legal framework to address public health emergencies. India's approach to the COVID-19 pandemic was significantly shaped by two key legislations-the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005. These two laws, while seemingly addressing the pandemic, revealed shortcomings in India's response to the crisis,highlighting the need for a robust legislative framework. Against this background, this paper delves into the impact of the pandemic on India, discusses the constitutional position on public health, analyses the legislative measures employed to address thepandemic, and proposes the need for a comprehensive law to address public health emergencies in India.
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