scholarly journals Constitutionality of Disaster Management Act, 2005 on the Touchstone of Federalism During Covidǧ19 in India

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 6-11

As per 7th Schedule of Constitution of India, 1950 there is sub-division of three lists namely Union list, State list and Concurrent list, which gives a detailed insight of powers of law making with both Centre and State in our country. Due to this both Centre and State have their exclusive domain wherein they can exercise their law-making power. During this exercise of power, which has been so specifically demarcated, can there be dispute of any kind? Answer is yes, Centre has often encroached upon exclusive domain of State subject matters by passing laws on such subject(s). The prominent example of it is the exercise of power under the Disaster Management Act, 2005 which came to be invoked by Centre for issuing guidelines binding on States in light of prevention of global pandemic being COVID-19. Public health and sanitation are a specific field of legislation under Entry 6 of List II, implying that States have exclusive power to legislate upon matters wherein public health is an issue, however despite of that Central Government laid down an array of guidelines during the COVID-19 pandemic directing States to enforce those guidelines. In this article, the main focus will be regarding constitutionality of those guidelines issued by Centre and the interpretation laid down by the Judiciary in regards to similar incidents. Furthermore, the history of enactment of Disaster Management Act, 2005 and how the powers exercised under the guise of it, will be analyzed in order to arrive at a reasonable conclusion in relation to the present issue. Moreover, upon this premise of issuance of guidelines by Centre under the DMA Act, 2005, the Indian Federalism would be discussed upon the touchstone of judgements delivered by Hon’ble Supreme Court in said regard and by briefly comparing same with other federal jurisdictions such as United States. The entire Paper will be a blend of descriptive, historical, comparative and analytical approach.


Author(s):  
Whitney Hua ◽  
Jane Junn

Abstract As racial tensions flare amidst a global pandemic and national social justice upheaval, the centrality of structural racism has renewed old questions and raised new ones about where Asian Americans fit in U.S. politics. This paper provides an overview of the unique racial history of Asians in the United States and analyzes the implications of dynamic racialization and status for Asian Americans. In particular, we examine the dynamism of Asian Americans' racial positionality relative to historical shifts in economic-based conceptions of their desirability as workers in American capitalism. Taking history, power, and institutions of white supremacy into account, we analyze where Asian Americans fit in contemporary U.S. politics, presenting a better understanding of the persistent structures underlying racial inequality and developing a foundation from which Asian Americans can work to enhance equality.



Author(s):  
Robyn M Nadolny ◽  
Ashley C Kennedy ◽  
James M Rodgers ◽  
Zachary T Vincent ◽  
Hannah Cornman ◽  
...  

Abstract During September–December 2018, 25 live ticks were collected on-post at Fort Leavenworth, Kansas, in a home with a history of bat occupancy. Nine ticks were sent to the Army Public Health Center Tick-Borne Disease Laboratory and were identified as Carios kelleyi (Cooley and Kohls, 1941), a species that seldom bites humans but that may search for other sources of blood meals, including humans, when bats are removed from human dwellings. The ticks were tested for numerous agents of human disease. Rickettsia lusitaniae was identified by multilocus sequence typing to be present in two ticks, marking the first detection of this Rickettsia agent in the United States and in this species of tick. Two other Rickettsia spp. were also detected, including an endosymbiont previously associated with C. kelleyi and a possible novel Rickettsia species. The potential roles of C. kelleyi and bats in peridomestic Rickettsia transmission cycles warrant further investigation.



2021 ◽  
Vol 26 (1) ◽  
Author(s):  
Susan Finston ◽  
Nigel Thompson

In response to the COVID-19 global pandemic, the European Commission (EC) provided inclusive leadership, working as a team including EU member (national) officials, biopharmaceutical industry, NGOs, academic researchers and frontline health care personnel – acting with unprecedented collaboration and cohesion.  The emergence in early 2020 of the greatest public health threat in a century required new approaches and new collaborations. While the United States failed to provide leadership, the EU did not disappoint.



2003 ◽  
Vol 10 (suppl 1) ◽  
pp. 225-245 ◽  
Author(s):  
Julie H. Levison

From biblical times to the modern period, leprosy has been a disease associated with stigma. This mark of disgrace, physically present in the sufferers' sores and disfigured limbs, and embodied in the identity of a 'leper', has cast leprosy into the shadows of society. This paper draws on primary sources, written in Spanish, to reconstruct the social history of leprosy in Puerto Rico when the United States annexed this island in 1898. The public health policies that developed over the period of 1898 to the 1930s were unique to Puerto Rico because of the interplay between political events, scientific developments and popular concerns. Puerto Rico was influenced by the United States' priorities for public health, and the leprosy control policies that developed were superimposed on vestiges of the colonial Spanish public health system. During the United States' initial occupation, extreme segregation sacrificed the individual rights and liberties of these patients for the benefit of society. The lives of these leprosy sufferers were irrevocably changed as a result.



2020 ◽  
Vol 110 (4) ◽  
pp. 470-477
Author(s):  
Paul Braff

There has been relatively little published on National Negro Health Week, and what has been published has often focused on physicians, nurses, or women. This article offers a brief but comprehensive overview of the organization and health emphases of nonmedical African American leaders on issues of health and explains how health concepts made their way to ordinary African Americans. In addition, in this article, I argue that the current National Public Health Week campaign might be best seen as a metamorphosis of National Negro Health Week because they share many similarities in practice and direction. The article’s main message is that the United States has a long history of a “National Health Week”; that these Weeks support the interests of subjugated groups by race, ethnicity, or class; and that these Weeks have worked to empower these groups by providing them with basic health knowledge to improve their health without needing to consult a physician.



2021 ◽  
Vol 12 (1) ◽  
pp. 1-10
Author(s):  
Dominick Spano

Abstract The 2008 Financial Recession was one of the most significant fiscal downturns in the history of the United States. Considering that the world is in the midst of a global pandemic which may lead to another adverse economic climate, I believe that looking back at the causes of the 2008 Financial Recession is recommended. This may assist administrators to avoid the missteps which sparked this down economy in the future. By reading this paper, readers will also learn about the demographics effected by the recession and the Dodd-Frank Act, which was drafted to combat future occurrences of this nature.



Author(s):  
Wendy Kline

This article provides an understanding of the history of the nature/nurture debate that was initially of great interest to both intellectual and social historians. It presents in-depth studies of influential organization and individuals and discusses two approaches introduced by the history of science to the study of eugenics. It links eugenic concerns about race betterment with concerns about Mexican immigration, arguing that in the early twentieth century, the U.S. Public Health Service (USPHS) and the Border Patrol shaped the complicated process of racialization on the U.S.-Mexican borderlands. This article argues that disability is a category of analysis as important as race, class, or gender in understanding the past. Eugenics is no longer a forgotten relic of the past, but a vibrant field that addresses controversial issues from a variety of fields and standpoints.



Author(s):  
Erica Beidler ◽  
Jessica Wallace ◽  
Alia A. Alghwiri ◽  
Siobhan O'Connor

Context Concussions are a global public health concern, and education on the importance of self-reporting may not reach all athletes to the same degree around the world. Objective To determine if differences were present in the concussion awareness, understanding, and -reporting behaviors of collegiate athletes' in 3 countries with varied degrees of concussion publicity. Design Cross-sectional survey. Setting Collegiate sports medicine clinics. Patients or Other Participants Collegiate athletes in the United States (n = 964; high publicity), Ireland (n = 302; moderate publicity), and Jordan (n = 129; low publicity). The degree of concussion publicity was categorized based on the extent of national public health awareness initiatives, care guidelines, research publications, and mass media coverage. Main Outcome Measure(s) Participants completed a 10- to 15-minute survey on concussion awareness, understanding, and -reporting behaviors. The main outcome measures were concussion education (awareness; 21 options; select all sources of concussion information), concussion knowledge (understanding; maximum score of 49), and diagnosed/nondisclosed concussion history (reporting behaviors; self-report yes/no items). Results A higher proportion of Jordanian athletes reported never having received concussion information previously (73.6%) than Irish (24.2%) or US athletes (9.4%). Knowledge differed among countries (P < .0001, η2 = .28), with US athletes displaying higher total knowledge scores (40.9 ± 4.5) than Jordanian (35.1 ± 5.6) and Irish (32.1 ± 3.5) athletes. A greater percentage of Irish and US athletes reported a history of a diagnosed concussion (31.8% and 29.6%, respectively) and history of concussion nondisclosure (25.2% and 15.5%, respectively) than Jordanian athletes (2.3% and 0.0% for history of a diagnosed concussion and history of concussion nondisclosure, respectively). Conclusions In the United States, where concussion publicity is high, formal legislation exists, and sports medicine resources, concussion awareness and understanding were increased. More culturally appropriate concussion initiatives are needed globally to ensure that athletes around the world can identify concussive injuries and understand the dangers of continued sport participation while concussed.



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