Shahriar Islam Shovon :
Bangladesh enacted an act on infectious diseases named Infectious Diseases (Prevention, control and Eradication) Act, 2018.The acthas total 35 sections. This Act extended in whole Bangladesh (section- 1). According to this Act, `Director General` means the Director General of the Department of Health (Section- 2). The act enacted in November 2018 has a list of 23 infectious diseases and also states that any emerging or remergingdiseases declared by the government by notification in the official Gazette shall be covered under Infectious Diseases (Prevention, control and Eradication) Act, 2018 (Section – 4 ). There is certain responsibilities and function of the department. Such as:
1. To takemeasuresto make the people conscious.
2. To organize various workshops.
3. To obtain the help of domestic and international organizations for the implementation of the strategy.
4. To take initiative for area divergence.
5. Prevention of unnecessary use of antibiotics
6. Provide the best services to the person who is infected by infectious diseases.
7. Initiatives to regulate harmful pesticides.
8. Provision of quarantine and isolation services.
9. Removal of sources of disease spread.
10. Initiatives for shutting market, public transport.
In this Act it’s states that, Director General is responsiblefor all the initiatives.( section- 5). Section – 6, deals with the advisory committee where the Minister of State, Deputy Minister, Ministry of Health and family Welfare, shall also appointed as a chairman of this committee. The committee shall meet in at least 2 (two) times for every year and the date , time and place of the meeting shall be fixed by the Chairman (Section-8).The Actalso states that, the guidelines of World Health Organization (WHO) should be followed if it necessary (Section – 9 ).
All powers are vested in the Director General through this Act. If any medical practitioner is infected with a infectious disease he shall inform the Civil Surgeon and if anyone is infected in any area, he shall inform the Deputy Commissioner and Civil Surgeon. Above all, if the Civil Surgeon and the Deputy Commissioner are infected they will inform the Director General. (Section- 10). The Director General may with the prior approval of the government declare any area as a infected area (Section-11). The Act also gives the power to order disinfection of vehicles (Section-18).The methods of taking samples, area visits, funerals are mentioned in of this Act (Section -12, 14, 15, 20).The Act, also provides punishment also in anyone violates the law. According to the Act of 2018section – 24 states that, if any infected person knowingly contact, or wants to contact, with non-infectious person and if he hide the issue of his infection then he shall be liable for the offence and for this reason punishment can be 6 months imprisonment or one (1) lacs taka fine or both. Director General, Civil Surgeon or an authorized person have enough right to investigate for the interest of this Act but if anyone formulates barrier or tried to obstacles for doing their jobs, he also liable for his work and the punishment is 3 months imprisonment or 50 thousands taka fine or both. (Section-25). If any infected person knowingly accord wrong information about his disease then he will be liable under this Act and for three (3) months imprisonment or 50 thousand taka fine or both. (Section- 26).
However, in Malaysia for preventing and control of infectious diseases thereis anAct named `Prevention and Control of Infectious Disease Act, 1988′ and in this Act there are 33 sections. This act shall apply throughout Malaysia (Section -1). The Minister may appoint any person who is suitable to be an authorized officer for the purposes of ‘Prevention and Control of Infectious Disease Act, 1988’ If any authorized officer who contravenes the provision he will be liable for imprisonment for a term not exceeding 3 years or to a fine or both ( Section-3). The authorized officer may enlist the assistance of police, investigating officer, customs, and government officer and for the interest of this Act authorized officer may empower them to the Act (section-5). Dangerous area, from which infectious diseases can spread, can be infected area through official gazette. (Section-6). If the authorized officer wants, he can inspect all the vehicles coming and going in Malaysia and the inspection must be completed within the suitable time (section- 7,8). For interest of this Act, an authorized officer can fix some rules for importing and exporting in Malaysia (section-9). Where an authorized officer is satisfied that there is a case of infectious disease in any building, he may issue an order prohibiting for selling or letting such building ( section-20). The Act also provides punishment of those who violates the provision.
Infectious Diseases (Prevention, Control and Eradication) Act-2018 of Bangladesh is not imperfect but some places need extra attention. Some issues need to be amended. There may be other infectious diseases in the future other than 23, which has been specified into this Act. In this respect, nothing is clear. For example, Corona virus is unknown under Infectious Diseases (Prevention, Control and Eradication) Act-2018.Therefore the question is whether anyone accused of violating the under Infectious Diseases (Prevention, Control and Eradiation) Act-2018 can be punished or not?Those who have already knowingly or unknowingly violate the law cannot be prosecuted under the new law because according to the Article 35 of the Constitution of Bangladesh, no one can be punished by executing any law externally (TheManabzamin, 14th June, 2020). Bangladesh is an over populated country. For this reason the people of here are more risky to be infected with infectious diseases. However if any authorized officer is satisfied that there is a possibility of spreading infection in an area and the building, the authority can impose restrictions for selling or letting that area. Section 20 of Malaysian Act named `Prevention and Control of InfectiousDisease Act, 1988′ can be added to our Bangladeshi Act named Infectious Diseases (Prevention, Control and Eradication) Act-2018.According to Infectious Diseases (Prevention, Control and Eradication) Act-2018 There are some duties of Civil Surgeon and Director General and Authorized officer but it is mandatory to include in the Act and impose punishment for violation or neglecting the duties of a medical practitioner. Lack of medical equipment is often noticed. Therefore, thousands of innocent lives are lost due to this. It is important for all medical institutions should save the medical equipment for any epidemics in future and it will be recorded by Department of Health in Bangladesh and Institute of Epidemiology, Disease Control and Research (IEDCR).
Sometimes birds and animalsare carriesinfectious disease and it is necessary to include to the Act to avoid keeping dangerous and infectious animals.Above all, if the above issues are added, Infectious Diseases (Prevention, Control and Eradication) Act-2018 will play a role as a safeguard for Bangladeshi citizens. There may be many more epidemics ahead, but people must be prepared to take challenges. A perfect legislation can protect people. Infectious Diseases (Prevention, Control and Eradication) Act-2018 carries lot of positive sides but some aspects of the Act need to amend some provisions.
Bangladesh enacted an act on infectious diseases named Infectious Diseases (Prevention, control and Eradication) Act, 2018.The acthas total 35 sections. This Act extended in whole Bangladesh (section- 1). According to this Act, `Director General` means the Director General of the Department of Health (Section- 2). The act enacted in November 2018 has a list of 23 infectious diseases and also states that any emerging or remergingdiseases declared by the government by notification in the official Gazette shall be covered under Infectious Diseases (Prevention, control and Eradication) Act, 2018 (Section – 4 ). There is certain responsibilities and function of the department. Such as:
1. To takemeasuresto make the people conscious.
2. To organize various workshops.
3. To obtain the help of domestic and international organizations for the implementation of the strategy.
4. To take initiative for area divergence.
5. Prevention of unnecessary use of antibiotics
6. Provide the best services to the person who is infected by infectious diseases.
7. Initiatives to regulate harmful pesticides.
8. Provision of quarantine and isolation services.
9. Removal of sources of disease spread.
10. Initiatives for shutting market, public transport.
In this Act it’s states that, Director General is responsiblefor all the initiatives.( section- 5). Section – 6, deals with the advisory committee where the Minister of State, Deputy Minister, Ministry of Health and family Welfare, shall also appointed as a chairman of this committee. The committee shall meet in at least 2 (two) times for every year and the date , time and place of the meeting shall be fixed by the Chairman (Section-8).The Actalso states that, the guidelines of World Health Organization (WHO) should be followed if it necessary (Section – 9 ).
All powers are vested in the Director General through this Act. If any medical practitioner is infected with a infectious disease he shall inform the Civil Surgeon and if anyone is infected in any area, he shall inform the Deputy Commissioner and Civil Surgeon. Above all, if the Civil Surgeon and the Deputy Commissioner are infected they will inform the Director General. (Section- 10). The Director General may with the prior approval of the government declare any area as a infected area (Section-11). The Act also gives the power to order disinfection of vehicles (Section-18).The methods of taking samples, area visits, funerals are mentioned in of this Act (Section -12, 14, 15, 20).The Act, also provides punishment also in anyone violates the law. According to the Act of 2018section – 24 states that, if any infected person knowingly contact, or wants to contact, with non-infectious person and if he hide the issue of his infection then he shall be liable for the offence and for this reason punishment can be 6 months imprisonment or one (1) lacs taka fine or both. Director General, Civil Surgeon or an authorized person have enough right to investigate for the interest of this Act but if anyone formulates barrier or tried to obstacles for doing their jobs, he also liable for his work and the punishment is 3 months imprisonment or 50 thousands taka fine or both. (Section-25). If any infected person knowingly accord wrong information about his disease then he will be liable under this Act and for three (3) months imprisonment or 50 thousand taka fine or both. (Section- 26).
However, in Malaysia for preventing and control of infectious diseases thereis anAct named `Prevention and Control of Infectious Disease Act, 1988′ and in this Act there are 33 sections. This act shall apply throughout Malaysia (Section -1). The Minister may appoint any person who is suitable to be an authorized officer for the purposes of ‘Prevention and Control of Infectious Disease Act, 1988’ If any authorized officer who contravenes the provision he will be liable for imprisonment for a term not exceeding 3 years or to a fine or both ( Section-3). The authorized officer may enlist the assistance of police, investigating officer, customs, and government officer and for the interest of this Act authorized officer may empower them to the Act (section-5). Dangerous area, from which infectious diseases can spread, can be infected area through official gazette. (Section-6). If the authorized officer wants, he can inspect all the vehicles coming and going in Malaysia and the inspection must be completed within the suitable time (section- 7,8). For interest of this Act, an authorized officer can fix some rules for importing and exporting in Malaysia (section-9). Where an authorized officer is satisfied that there is a case of infectious disease in any building, he may issue an order prohibiting for selling or letting such building ( section-20). The Act also provides punishment of those who violates the provision.
Infectious Diseases (Prevention, Control and Eradication) Act-2018 of Bangladesh is not imperfect but some places need extra attention. Some issues need to be amended. There may be other infectious diseases in the future other than 23, which has been specified into this Act. In this respect, nothing is clear. For example, Corona virus is unknown under Infectious Diseases (Prevention, Control and Eradication) Act-2018.Therefore the question is whether anyone accused of violating the under Infectious Diseases (Prevention, Control and Eradiation) Act-2018 can be punished or not?Those who have already knowingly or unknowingly violate the law cannot be prosecuted under the new law because according to the Article 35 of the Constitution of Bangladesh, no one can be punished by executing any law externally (TheManabzamin, 14th June, 2020). Bangladesh is an over populated country. For this reason the people of here are more risky to be infected with infectious diseases. However if any authorized officer is satisfied that there is a possibility of spreading infection in an area and the building, the authority can impose restrictions for selling or letting that area. Section 20 of Malaysian Act named `Prevention and Control of InfectiousDisease Act, 1988′ can be added to our Bangladeshi Act named Infectious Diseases (Prevention, Control and Eradication) Act-2018.According to Infectious Diseases (Prevention, Control and Eradication) Act-2018 There are some duties of Civil Surgeon and Director General and Authorized officer but it is mandatory to include in the Act and impose punishment for violation or neglecting the duties of a medical practitioner. Lack of medical equipment is often noticed. Therefore, thousands of innocent lives are lost due to this. It is important for all medical institutions should save the medical equipment for any epidemics in future and it will be recorded by Department of Health in Bangladesh and Institute of Epidemiology, Disease Control and Research (IEDCR).
Sometimes birds and animalsare carriesinfectious disease and it is necessary to include to the Act to avoid keeping dangerous and infectious animals.Above all, if the above issues are added, Infectious Diseases (Prevention, Control and Eradication) Act-2018 will play a role as a safeguard for Bangladeshi citizens. There may be many more epidemics ahead, but people must be prepared to take challenges. A perfect legislation can protect people. Infectious Diseases (Prevention, Control and Eradication) Act-2018 carries lot of positive sides but some aspects of the Act need to amend some provisions.
(Shahriar Islam Shovon, student of Department of Law and Human Rights, University of Asia Pacific).
