History of quarantine and laws related to it

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  History of quarantine and laws related to it

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1. Introduction - Quarantine is considered the oldest mechanism to reduce the rapid spread of bacterial infections and viral onslaughts. It has been legally sanctioned by all jurisdictions in the world for the maintenance of public health and to control the transmission of diseases. These measures were often forcibly enforced. In the list of diseases that may require quarantine are — cholera, diphtheria, infectious tuberculosis, plague, smallpox, yellow fever and viral hemorrhagic fever.
2. History - The first law on medical isolation was passed by the Great Council in 1377, when the plague was rapidly ruining European countries. Detention for medical reasons was justified and disobedience made a punishable offence. The law prescribed isolation for 30 days, called a ‘trentino’. Subsequently, many countries adopted similar laws to protect the people. When the duration of isolation was enhanced to 40 days, the name also changed to ‘quarantine’ by adopting the Latin quadraginta, which referred to a 40-day detention placed on ships. In 1824 the U.S. Supreme Court affirmed the powers of the state to enact quarantine laws and impose health regulations.
3. Difference between Quarantine and Isolation - Quarantine is imposed to separate and restrict the movement of persons, who may have been exposed to infectious disease, but not yet known to be ill. But, isolation is a complete separation from others of a person known or reasonably believed to be infected with communicable diseases.
4. Opinion of courts – Courts felt that solitary detention was a serious infringement of basic human rights guaranteed to the individual, but held that under unusual situations and exceptional exigencies, such isolated detentions are justifiable for the cause of public health. In matters involving a threat to the health of the community, individual rights have to be balanced with public interest. 
5. Laws in India - The Epidemic Diseases Act, 1897, a law of colonial vintage, empowers the state to take special measures, it was amended in 1956 to confer powers upon the Central government to prescribe regulations or impose restrictions in the whole or any parts of India to control and prevent the outbreak of hazardous diseases. 
6. It shows that quarantine is a medically accepted mode to reduce community transmission but a constructive alternative method of treating patients exposed to infectious diseases is the imperative need in the arena of public health.

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