Planning is half the battle won. This is a lesson India learnt the hard way during the Covid-19 pandemic when it struggled with the lack of a comprehensive plan of action. One of the reasons for the chaos was that the 127-year-old Epidemic Diseases Act, 1897 is outdated. The Law Commission has thus rightly recommended that this law be revamped to suit modern-day requirements. The EDA empowers state governments to take necessary measures to curb an epidemic that go beyond their allocated constitutional powers. But it does not spell out what such measures can be. This is because the subterranean rationale for the legislation was not to devise a protocol to respond to a public health crisis: it was to arm the colonial State with undesirable powers of policing. Curiously, even though the thrust is on reform, the Law Commission has not suggested defanging the EDA of these provisions that could be inimical to the democratic ethos. The Central government, despite routinely parroting its rhetoric on decolonising law, remains equally unconcerned. In 2020, the Centre amended the EDA, but only to increase the punishment for those accused of attacking health workers during a pandemic. The Law Commission has echoed this sentiment by arguing in favour of punitive measures against those who act irresponsibly during a pandemic. This is important, but there is still scope for expansive reformatory intervention. In its attempt to tackle a health crisis, the EDA must not be weaponised by the State and made to encroach on civil liberties and privacy. The other recommendation of the Law Commission, to clearly chalk out the powers and responsibilities of the Centre and the states, should merit attention as well. Sparring between the Centre and states — Maharashtra had accused the Centre of unfair treatment when it came to receiving life-saving drugs during the pandemic — and conflicting orders became stumbling blocks in the path of India’s management of the virus.

The Centre has its task cut out when it comes to reforming the EDA. For instance, there is a need to assess whether the EDA has an integrated plan in place to tackle the different phases of pandemic intervention. This is crucial given the fact that the scientific community has already forewarned the world about an increased frequency of pandemics in the future. Along with such battle-readiness, the EDA must also be made to shed its colonial, surveilling legacy.