HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Saturday, October 1, 2022

Precautionary Principle: COVID and Reopening

Akash Anand (University of Delhi), Precautionary Principle: COVID and Reopening, 4 Delhi J. Contemp. L. (2021):

India saw the pandemic in its worst form last year, i.e. 2021 during the Delta wave of the Covid19 pandemic. The reason why that happened was the unavailability of vaccine and more importantly the fact that after the first wave of the pandemic, people started to feel that there would not be any other wave and dropped almost all the precautions that were in place. The country saw large gathering in elections, markets, marriages, religious festivals. Delta emerged in India and resulted in havoc and deleted on an average a member of the infected family. Then again came a period of respite but not for long. Currently, in the month of January - February,2022 we saw the Omicron wave, not even after a gap of a year from Delta wave, which according to the data available was more transmissive but milder than delta. Till date people are dying because of the Omicron infection but the wave is surely in its lowest trajectory. However what is going to happen few months from now is totally uncertain. Uncertainty always calls for precautionary action and thus this paper provides to assist the policymakers and implementers to apply precautionary principle as directed by the existing laws and practices. It takes the help from European Laws to interpret Indian Laws and brings out similarities with the United States precautionary action with the Indian counterpart. It also provides for cost effective balancing between lives and livelihood, reopening and safe reopening and mentions innovations that are cost effective which are becoming popular abroad to counter the pandemic and its future waves if any.

https://lawprofessors.typepad.com/healthlawprof_blog/2022/10/precautionary-principle-covid-and-reopening.html

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