Legal Measures To Deal With Covid-19 Pandemic Disaster In India




Covid-19, Disaster Management, Natural Disasters


The main purpose of this paper is to find a legal framework to deal with an unexpected epidemic i. e. Covid-19 disaster in India. This paper is also focused on to legal control the outbreak of deadly global pandemic Covid-19 in India; the Government of India imposed a nationwide lockdown. The lockdown has been carried out by State Governments on the directions of the Union Ministry of Home Affairs under the Disaster Management Act, 2005. Secondary data has been taken in this paper to identify the legal aspect of disaster management. Several legal arrangements have been cited in the context of disaster management in India.


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Doctrine of Parens Patriae is the inherent power of a State to provide protection to the person and property of person’s non sui juris.

Bipin Chandra J. Diwan vs State of Gujrat, AIR 2002 Gujrat 99.

Coronavirus disease (COVID-19) is highly infectious disease caused by novel coronavirus (nCoV).

Entry 28 of the Union List related to port quarantine, including hospitals connected therewith and Entry 81 of the Union List related to inter-state quarantine.

Entry 6 of the State List related public health and sanitation, hospitals and dispensaries.

Entry 29 of the Concurrent List.

Sections 269, 270 & 271 of Indian Penal Code are related to offences affecting the public health, safety and quarantine.

This Act is related to importation or livestock which is liable to be affected by infectious or contagious disorders.

The Department of Consumer Affairs, under the Ministry of Consumer Affairs, Food and Public Distribution has published a Notification which may be called the fixation of prices of masks (2ply & 3ply), Melt Blown nonwoven Fabric and Hand Sanitizers (Amendment) Order, 2020, under the Essential Commodities Act, 1955 to declare the masks (2ply & 3ply) as Essential Commodities up to 30th June, 2020 by amending the Schedule of the Essential Commodities Act, 1955.

Sections 2 & 2A of The Epidemic Diseases Act, 1897

COVID-19: Govt calls for invoking provisions of Epidemic Act; GOM reviews preparations, The Economic Times, Mar 11, 2020, -of-epidemic-act-gom -reviews-preparations/articleshow/74582440.cms?from=mdr, visited on 12-12-2020

Section 3 of The Epidemic Diseases Act, 1897

J. Choudhury vs The State, AIR 1963 Ori 216

Section 2(e) of The Disaster Management Act, 2005

Section 3 of The Disaster Management Act, 2005

Section 8 of The Disaster Management Act, 2005

Section 14 of The Disaster Management Act, 2005

Section 20 of The Disaster Management Act, 2005

National Disaster Management-Guidelines Management of Biological Disaster, 2008

Available from visited on 12-12-2020

Available from—11-march-2020, visited on 12-12-2020

Available from on 12-12-2020

Order No. 1-29/2020-PP (Pt.II), dated 24.03.2020

Order No. 40-3/2020-DM-I(A), dated 24.03.2020

Available at visited on 17-12-2020

F.No. 40-2/2020-DM-I(A), dated 11.03.2020, Ministry of Home Affairs (Disaster Management Division), Available at, visited on 12-12-2020 visited on 24-12-2020.

1960 AIR SC 430.



How to Cite

Dr. Parag Garg. (2021). Legal Measures To Deal With Covid-19 Pandemic Disaster In India. Legal Research Development: An International Refereed E-Journal ISSN: 2456-3870, 6(I), 01–06.