17 May Quarantine Laws in Sri Lanka
Everything that’s been going around these days’ centers around quarantine and disease prevention and while the concept of quarantine on a personal level can be rather new to many of us, laws regarding quarantine and disease prevention have existed in our country for over a century.
The Quarantine and Disease Prevention Ordinance No. 3 of 1897 can be described as the absolute core of all quarantine related laws in the country. Albeit first drafted in 1897, The Ordinance itself has gone through multiple amendments throughout the course of time with newer amendments being made to the document with the spread of the Corona Virus.
The Ordinance comprises itself of 13 sections (including a section for interpretation of certain words in the statute) and covers regulations pertaining to multiple subjects along the lines of offences, regulations, powers of the Minister, punishments and even on ways in which goods and people should be managed during a period of time such as this when a disease is at large.
The main purpose of the document is that it is meant to serve as guidelines with regard to measures that should be taken to prevent the introduction and the spread of the “plague and all other contagious or infectious diseases in and outside Sri Lanka.”
The over 120 page document details protocol and procedures to follow during an outbreak from yellow fever, typhus, cholera to the plague and also to vessels in quarantine, disinfecting and even deratisation of healthy vessels and providing certification.
Power of the Ministry of Health
The Ordinance gives a significant degree of control to the Ministry of Health to control all aspects of civil life in managing the effects of an outbreak. As such;
He may be allowed to introduce or remove regulations abiding with the aforementioned purpose of the document as mentioned in Section 2 of the Ordinance.
Any inspector or officer made under the Ordinance will be looked on as a public servant as seen in the Penal Code of Sri Lanka.
Delegate to any Municipal or local authority power to execute regulations as he may see fit.
Placing of people, goods, aircraft and other vessels of transport, disinfection or destruction of goods and buildings as deemed necessary.
Establishing of quarantine stations and their management including the costs incurred within them.
With respect to people or goods coming into the country: fumigation and disinfection of them and imposition and recovery of charges incurred by the government for the process.
Prohibiting or regulating the landing of goods or people either conditionally or completely.
The complete list of all powers granted and guidelines provided by the Ordinance can be found at the bottom of the article for reference.
Entry or Exit from the Country
If any virus or bacteria was generated within the country, how do you prevent it from infecting the world? Or if this is a foreign virus as in the case of Covid-19, how do you prevent it from coming into the country?
The Quarantine Unit of the Ministry of Health is responsible for all points of entry to the Country. It is the responsibility of this unit to ‘protect Sri Lanka by the prevention of the spread of diseases into the country and to protect, prevent and control the international spread of diseases and other public health risks while avoiding unnecessary interference with international traffic and trade’. The Quarantine and Prevention of Diseases Ordinance of 1897 as mentioned above and the International Health Regulations (IHR, 2005) provide the legal framework supporting the unit.
The following offices carry out disease detection, reporting and emergency preparedness activities at point of entries (POE) under the Quarantine unit.
Airport Health Office, Bandaranayake International Airport (BIA) Katunayake,
Port Health Office, Colombo Harbor,
Office of the Assistant Port Health Officer,
Port Health Office at Galle,
Port Health Office at Rajapaksha International Port-Hambantota
Airport Health Office, Mattala
Port Health Office at Trincomalee harbor.
Although the process of locals being brought back to the island from various affected parts of the world may seem chaotic, the Ordinance in fact states how entry and exit should be allowed, and is controlled by the Quarantine Unit.
‘In the case of persons entering the country with the purpose of performing quarantine, is of unsound mind or is seeking medical attention, clearance may not be granted to any vessel that arrives in the country unless sufficient satisfaction has been granted to the principal officer at customs with regard to the recovery of fees incurred by the government for the expenses made for the persons coming in for things such as quarantine.’
‘The persons on board may not leave until he has been certified by the Director of Health Services that he is in a stage of recovery suitable enough for travelling. (9)’‘However, if any person refuses to depart in arrangements that abides with the section mentioned above, it will be lawful for a specially authorized police officer to arrest said person and conduct him in custody aboard said aircraft or transport vessel. (10)’
Crime and Punishment
Offences with regard to the ordinance stretch itself to cases where any person either contravenes a regulation prescribed in the ordinance or acts in a way that the regulations made in or under the ordinance itself have been omitted. Furthermore, if any such person acts in a way that obstructs an officer under the QDPO in any way, this too will be counted as an offence.
And in the case where any person has either committed an offence or is suspected of committing an offence, the offender may be taken “with all practicable speed” to the Magistrate Court in the area in which the offence has been committed. Where his sentence may stretch up to either imprisonment of either description, a fine, or in some cases, both. The court may impose on him full penalties described in the QDPO and in accordance with the Criminal Procedure Act or any other (Ex: Penal Code section 262/ 263) as seen fit.
Furthermore, the QDPO offers -to any inspector or a police officer under it, full powers to stop and detain any such person acting in a way that proves to be or is suspected of being offensive to the ordinance without a warrant. And nothing in The Ordinance may take away or reduce the powers of a police officer, with or without the section in reference. However, the Ordinance acts in a way that an offender will not be persecuted twice for the same offense.
So next time you think to avoid quarantine, hide any form of disease or simply ignore curfew, think again.
Following is the list of other powers and control given to the Ministry of Health by the Ordinance.
- Placing of Aircrafts and vessels of transport: their disinfection and imposition and recovery of charges incurred by the government during the process.
- Quarantine stations: Establishing, maintaining and other matters regarding this spanning into with respect to people or goods coming into the country: fumigation and disinfection of them and imposition and recovery of charges incurred by the government for the process.
- Prohibiting or regulating the landing of goods or people either conditionally or completely.
- use and occupation along with the costs and regulating management. As well as matters with regard to cost and the recovery of the use of them.
- Inspecting aircrafts and other vessels of transport and detaining of any person intending to sail therein, as necessary.
- Inspecting of people travelling by public transport or otherwise, segregating in hospitals otherwise diseased persons; Isolation of all diseased people or cases of disease.
- Closing of pits, cesspools, wells and cesspits: Prescribing the mode of cremation or burial of those dying of disease.
- Regulating the number of people allowed to inhabit any dwelling place.
- Removal from infected localities to places of observation or other such alternative.
- Removal of those diseased to places with medical treatment until they may be discharged safely to the public.
- Cleansing, disinfecting or even the destruction of any such place that has been occupied by one that is infected with or without compensation as deemed expedient.
- Disinfection or destruction of goods that have been in contact with a diseased and are deemed capable of spreading the disease. This too may be done with or without compensation.
- Matters with regard to any goods dealt with in contravention with the ordinance and expenses connected with the process with regard to taking care of the goods.
- Prescribing the reporting to of medical officers and people professing to treat the disease of cases treated by them according to the regulations mentioned herewith.
- Prescribing the reporting of household owners to officers made under the ordinance in the case of serious illness.
- Appointing and granting powers to officers to carry out the needful according to the QDPO.
- Prescribing the publication of regulations and the mode and service of transport for the delivery of notices and other documents.
If any virus or bacteria was generated within the country, how do you prevent it from infecting the world? Or if this is a foreign virus as in the case of Covid-19, how do you prevent it from coming into the country?
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