How Public Health is Protected by the Indian Penal Code (IPC)?

Understanding how the Transplantation of Human Organs Act, 1992 governs and regulates organ donation in India by means of policy and punishment.

Highlights:

Chapter 14 of the IPC deals with Offenses related to Public Health and Safety
During the pandemic, the Government of India enforced this to penalize offenders and upheld the rule of health law
Environmental pollution, spread of contagious diseases and adulteration of food and drugs are some of the offense heads dealt with by the Code

Public health is the science and practice of protecting and improving the health and well-being of individuals, communities, and populations through disease prevention, health promotion, and the control of health threats.

The Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive code that defines and punishes various criminal offenses in the nation. Chapter XIV of the IPC, famously used by the Government of India with a free hand during the COVID-19 pandemic, deals with "Offences affecting the Public Health, Safety, Convenience, Decency, and Morals".

‘"Breaking the law can be a pain in your neck and a pain in the heart of public safety."’

Sections on the Spread of Diseases

Section 269: Negligent act likely to spread infection of disease dangerous to life

This Section penalizes individuals who negligently spread infectious diseases that could be life-threatening. The act must be done unlawfully or negligently, which means that the person must have known or had reason to believe that their actions could potentially cause harm to others. The disease in question must also be dangerous to life, which means that it poses a serious risk to the health and well-being of those who contract it.

Examples of acts that could fall under this Section include failing to quarantine oneself after testing positive for a dangerous infectious disease, intentionally or unintentionally spreading the disease by not following safety protocols such as wearing a mask or maintaining social distance, or knowingly transmitting the disease to others through bodily fluids or contact.

Section 270: Malignant act likely to spread infection of disease dangerous to life

This Section makes it a criminal offense to intentionally engage in an act that is likely to spread a dangerous infectious disease with the intent to cause harm. The act must be done with malicious intent, meaning the individual must have intended to spread the disease and cause harm to others. Furthermore, the disease in question must be dangerous to life, meaning it can cause serious illness, injury, or death.

Examples of acts that could fall under this Section include intentionally coughing or spitting on someone with the intent of spreading a dangerous infectious disease, or intentionally sharing contaminated needles with others. This Section is an important provision for protecting public health by preventing individuals from engaging in actions that could cause harm to others through the spread of infectious diseases.

Section 271: Disobedience to quarantine rule

This Section makes it a criminal offense to disobey quarantine rules and regulations, which are put in place to control the spread of infectious diseases. This includes knowingly disobeying any quarantine rule that is subject to penalty or disregarding such rules, which could lead to a risk of danger to human life. Additionally, if someone knowingly furnishes false information or conceals information related to quarantine rules, they can also be punished under this Section.

Examples of acts that could fall under this Section include knowingly violating quarantine rules by leaving a quarantine facility before the mandatory quarantine period is over or failing to follow quarantine rules upon returning from a country with a high incidence of a particular infectious disease. This Section aims to prevent the spread of infectious diseases by ensuring that individuals follow quarantine rules and regulations to protect public health.

Adulteration of Consumables

Section 272: Adulteration of food or drink intended for sale

This Section makes it a criminal offense to adulterate any food or drink that is intended for sale and can be harmful to human health if consumed. Adulteration refers to adding any substance to the food or drink that is harmful or reduces its quality, with the intention of increasing profits. The food or drink must be intended for sale, meaning it is meant to be sold to the public for consumption.

Examples of acts that could fall under this Section include adding harmful substances such as chemicals, pesticides, or other contaminants to food or drink, or mixing inferior quality ingredients to food or drink to increase profits. This Section aims to protect public health by ensuring that food and drink sold to the public are safe for consumption and free from harmful adulterants.

Section 273: Sale of noxious food or drink

This Section makes it a criminal offense to sell or expose for sale any food or drink item that is known to be noxious or harmful to human health or unfit for human consumption. The person selling or exposing such an item must have known that it was not fit for human consumption, yet still sold it.

Examples of acts that could fall under this Section include selling expired or contaminated food or drink, selling food or drink that is unfit for human consumption due to its condition, or knowingly selling food or drink that is contaminated with harmful substances. This Section is an important provision for protecting public health by ensuring that food and drink sold to the public are safe for consumption and free from any harmful or unfit substances.

Section 275: Adulteration of drugs

This Section makes it a criminal offense to sell or offer for sale any drug or medicinal preparation that is adulterated or not of the nature, substance, or quality that it is supposed to be. The person selling the drug or medicinal preparation must know or have reason to believe that it is adulterated or not of the nature, substance, or quality that it purports to be.

Examples of acts that could fall under this Section include selling a drug that is mixed with other substances or impurities, selling a drug that is not of the purity or quality that it claims to be, or selling a drug that is expired or past its shelf life. This Section is important for ensuring that individuals receive the correct medication or drug that is safe for consumption and free from any harmful or adulterated substances.

Section 276: Sale of drug as a noxious substance

This Section makes it a criminal offense to sell or administer any drug or article of food or drink that is noxious and can cause grievous hurt to the person taking it. The person selling or administering the drug or article of food or drink must know or have reason to believe that it is noxious and can cause grievous hurt.

Examples of acts that could fall under this Section include selling or administering poisonous substances as food or drink, selling, or administering drugs that are known to have dangerous side effects or adverse reactions, or selling or administering adulterated or contaminated food or drink that can cause harm or illness. This Section is important for ensuring that individuals are not exposed to noxious substances or drugs that can cause serious harm or injury to their health.

Environmental Pollution Affecting Standard of Living

Section 277: Fouling water of public spring or reservoir

This Section makes it a criminal offense to intentionally pollute or contaminate the water of any public spring or reservoir, making it less fit for use. The intention to foul or contaminate the water must be present, and the water in question must be from a public spring or reservoir, which means it is accessible to the public for drinking or other purposes.

Examples of acts that could fall under this Section include intentionally dumping waste or harmful chemicals into a public spring or reservoir, or intentionally defecating or urinating in the water to make it unfit for use. This Section aims to protect public health by ensuring the safety and cleanliness of the water supply available to the public.

Section 278: Making atmosphere noxious to health

This Section makes it a criminal offense to cause the atmosphere to become noxious to the health of any person by any act that is voluntarily or negligently done. The person committing the act must know or have reason to believe that it is likely to cause the atmosphere to become noxious to the health of a person who is likely to be affected by such an act.

Examples of acts that could fall under this Section include burning or disposing of waste materials in a manner that causes smoke or fumes that are harmful to human health, releasing toxic chemicals or pollutants into the air, or causing excessive noise or vibrations that can cause health problems. This Section is important for protecting public health and ensuring that individuals are not exposed to harmful substances or conditions that can cause serious health problems.

The IPC should protect public health because public health is a fundamental aspect of a healthy and functioning society. Good health is essential for individuals to lead productive and fulfilling lives, and it is also crucial for the overall development and progress of a society. Public health is not only a matter of individual concern but also a matter of public concern because it can have significant social and economic consequences.

References:

Indian Penal Code - (https://www.indiacode.nic.in/bitstream/123456789/2263/1/A1860-45.pdf)
COVID-19 and the legislative response in India: The need for a comprehensive health care law - (https://onlinelibrary.wiley.com/doi/10.1002/pa.2669)

Source-Medindia