A Study of Public Health Governance and the Law after COVID-19: A Legal Analysis of India’s Post-Pandemic Framework

Abstract

The COVID-19 pandemic (2020–2022 and its longer tail effects) caused an unprecedented challenge to public health systems worldwide and tested the capacity of legal frameworks to respond to fast moving biological threats. For India, the pandemic was a stress test: policymakers relied heavily on existing statutes some dating to the colonial era while simultaneously crafting emergency ordinances, guidelines and large-scale policy initiatives. This produced an ad hoc but substantial corpus of legal instruments addressing containment, medical infrastructure, economic relief, labour protections, and digital health governance. Even in newly amended criminal laws under BNS the provision was brought it from IPC which deals with offences affecting public health, safety, convenience, decency, and morals. It is a key provision to ensure compliance with public health measures during an infectious disease outbreak  which previously was under section 271 of Indian Penal code. At the time of pandemic the major concerns were How did India’s legal architecture respond to COVID-19? To what extent do post-pandemic laws and policies remedy pre-existing gaps and respect constitutional safeguards? What normative reforms are necessary to create a resilient, rights-respecting public health governance framework? The analysis proceeds by mapping relevant legislation/ policy, judicial interventions, and international obligations, and then offering a critical legal appraisal with recommendations.