Journal of Business and Social Review in Emerging Economies (Dec 2020)

Measuring Pakistan’s Legislative Preparedness against COVID-19: A Critical Study of Newly Promulgated Law

  • Jibran Jamshed,
  • Ammara Mujtaba,
  • Muhammad Waqas Javed,
  • Syed Wajdan Rafay Bukhari

DOI
https://doi.org/10.26710/jbsee.v6i4.1493
Journal volume & issue
Vol. 6, no. 4

Abstract

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Background: Since December 2019, the COVID-19 pandemic has challenged the international community on health and legislative fronts. The widespread disease needs an effective response from the health-care system as well as the legislative framework. Pakistan is facing a challenge from the under-developed health-care system as well as a lack of awareness about the available laws to deal with the issue. Awareness about the relevant laws is a precursor to the establishment of rule of law. This study will doctrinally analyse the national laws of Pakistan to make the response more effective. The awareness about the relevant laws will supplement the healthcare response against the pandemic of COVID-19. Since Pakistan is a federation and healthcare is a provincial subject, therefore the study limits itself to the laws of Punjab, the largest populated province of Pakistan. Objectives: This study will analyse the available healthcare laws to deal with the recent outbreak of COVID-19. The focus will remain on the doctrinal measurement of the effectiveness of The Punjab Infectious Diseases (Prevention and Control) Act 2020 (PIDA) vis-à-vis already existing laws. It will also highlight the salient features of the PIDA 2020 along with its effectiveness to deal with the current pandemic. Method: The study benefits from documentary analysis of legal documents. The method is nearer to the doctrinal research method in law. The study will shape itself into two parts. First will be lax lata that will ascertain what is the relevant healthcare law to deal with infectious diseases like COVID-19. The next step will be lax ferenda where the study will propose how it can become more effective to deal with the issue. The research will opt black letter approach. Conclusion: This study finds that the adoption of PIDA 2020 is in spirit with dealing with the pandemic of the COID-19. The law has shown positive trends in protecting the population from the widespread impact of the diseases. The World Health Organization has appreciated Pakistan’s methods and strategies against the first wave of the COVID-19 with reference to response in Punjab, the largest province of Pakistan.

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