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Move to reform law on communicable diseases

Magisterial power for police opposed


Published : 16 May 2021 09:59 PM | Updated : 17 May 2021 12:32 AM

The government has taken a plan to amend the ‘Communicable Diseases (Prevention, Control and Eradication) Act, 2018’ with a view to tackling emergency situation related to public health by checking contagious diseases, particularly  Covid-19.

However, the government wants to amend the law to give the police magisterial power to ensure facemask use and other health rules during the Covid-19 pandemic. The plan has been taken due to lack of manpower to conduct mobile courts.

State Minister for Public Administration Farhad Hossain has said that the infection rate of Covid-19 will surge again if the government doesn’t take strict measures. A large number of people left Dhaka for their village homes to celebrate the Eid-ul-Fitr with their dear ones. The holidaymakers usually return to the capital eight to ten days after the Eid. So, the government has taken measures to control the spread of the deadly virus, he added.

He also said that amendment is needed to the ‘Communicable Diseases (Prevention, Control and Eradication) Act, 2018’ to implement the measures taken for preventing the spread of Covid-19 infection. 

There is no alternative to ensuring use of face masks for all. Police should be given special power to ensure it. 

Farhad Hossain put emphasis on the importance of wearing masks and maintaining the health safety guidelines everywhere to bring the Covid-19 infection rate and death down.

However, the government has extended the ongoing lockdown by another week till May 23 to curb the further transmission of the disease.

Meanwhile, some lawyers said that amendment to the ‘Communicable Diseases (Prevention, Control and Eradication) Act, 2018’ for empowering police with magisterial power will be illegal and contradictory to the country’s Constitution.

 Talking to the Bangladesh Post on Sunday, Advocate Md Kamruzzaman, a lawyer of Dhaka, said that the power of police to charge baton on people and magisterial power to implement the law will be a complete violation of the Constitution. 

“We urge the government to shun such move. Please, don’t empower police with magisterial power,” he added. 

 He also said that Sections 269 and 270 of the Penal Code, 1860 and the Communicable Diseases (Prevention, Control and Elimination) Act, 2018 are enough for taking action on the negligent and malignant spread of communicable diseases, including the Covid-19. So, the law should not be amended, he added.

 Meanwhile, a lawyer of the Supreme Court has sent a legal notice to the state minister for public administration in this connection. 

SM Zulfikar Ali Zuni, chairman of the National Lawyers’ Council, sent the legal notice through e-mail. 

He said that the state minister has made the statement over giving the police magisterial power. The legal notice was sent to him so that the government doesn’t take such initiative that contradicts the Constitution, he added.

 He, however, said they will go to the High Court to file writ petition if the move is not halted.

 The ‘Communicable Diseases (Prevention, Control and Eradication) Act’ came into force on November 14 in 2018 in Bangladesh. The law was enacted aiming to raise awareness and prevent, control, and eradicate infectious diseases to address public health emergencies and reduce health risks. The Act replaced the Epidemic Diseases Act, 1897, the Public Health (Emergency Provisions) Ordinance, 1944, the Bangladesh Malaria Eradication Board (Repeal) Ordinance, 1977 and the Prevention of Malaria (Special Provisions) Ordinance, 1978.  

 The 2018 law is being used for controlling the Covid-19 pandemic.  The Covid-19 case was first identified in the country on March 8 in 2020. Then the Health Ministry issued a gazette on March 23, listing the virus as an infectious disease and addressed it as a public health emergency. The gazette empowers the government to monitor the spread of the infection.