The Plague Act and the House Searches, Bombay 1897

Epidemic Diseases Act (III of 1897). (Received the assent of the Governor General on the 4th February 1897.)

Epidemic Diseases Act (III of 1897). (Received the assent of the Governor General1 on the 4th February 1897.)

1. The head of British rule in India, also called the Viceroy. “In Council” means acting with his executive council.

An Act to provide for the better prevention of the spread of Dangerous Epidemic Disease.

An Act to provide for the better prevention of the spread of dangerous epidemic disease.

Whereas it is expedient to provide for the better prevention of the spread of dangerous epidemic disease ; it is hereby enacted as follows : —

Whereas it is expedient to provide for the better prevention of the spread of dangerous epidemic disease; it is hereby enacted as follows:

1. (1) This Act may be called the Epidemic Diseases Act, 1897. (2) It extends to the whole of British India (inclusive of Upper Burma, British Baluchistan, the Santal Parganas and the Pargana of Spiti) ; and (3) It shall come into force at once.

1. (1) This Act may be called the Epidemic Diseases Act, 1897. (2) It extends to the whole of British India2 (inclusive of Upper Burma, British Baluchistan, the Santal Parganas and the Pargana of Spiti); and (3) It shall come into force at once.

2. The parts of the Indian subcontinent ruled directly by Britain. The princely states, under Indian rulers, were not included.

2. (1) When at any time the Governor General in Council is satisfied that India or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the Governor General in Council, if he thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take or require or empower any person to take such measures and by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as he shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.

2. (1) When at any time the Governor General in Council is satisfied that India or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the Governor General in Council, if he thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take or require or empower any person to take such measures and by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as he shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.

(2) In particular and without prejudice to the generality of the foregoing provisions, the Governor General in Council may take measures and prescribe regulations for— (a) the inspection of any ship or vessel leaving, or arriving at, any port in British India and such detention thereof, or of any person intending to sail therein or arriving thereby, as may be necessary ; and (b) the inspection of persons travelling by railway or otherwise and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.

(2) In particular and without prejudice to the generality of the foregoing provisions, the Governor General in Council may take measures and prescribe regulations for— (a) the inspection of any ship or vessel leaving, or arriving at, any port in British India and such detention thereof, or of any person intending to sail therein or arriving thereby, as may be necessary; and (b) the inspection of persons traveling by railway or otherwise and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.

(3) The Governor General in Council may, by general or special order, direct that all or any of the powers conferred by this Act may also be exercised by any Local Government with respect to the territories administered by it.

(3) The Governor General in Council may, by general or special order, direct that all or any of the powers conferred by this Act may also be exercised by any Local Government with respect to the territories administered by it.

3. Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code.

3. Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offense punishable under section 188 of the Indian Penal Code.3

3. The section of the criminal code that punished disobeying an order lawfully made by a public official.

4. No suit or other legal proceeding shall lie against any person for any thing done or in good faith intended to be done under this Act.

4. No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act.

On the 6th of October the Municipal Commissioner issued a proclamation under section 434 of the Municipal Act making provision for the removal to hospital of all plague patients and the disinfection and evacuation of infected houses. The assistance of the police was to be employed where necessary. The populace evinced the greatest alarm and excitement at the suggestion for the compulsory removal of the sick to hospital, and the increase in the epidemic, coupled with the operations in progress, produced widespread alarm. People fled from the city in large numbers. On the 10th of October a number of mill-hands assembled outside the Arthur Road Hospital and threatened its demolition as well as violence to the employes. On the afternoon of the 29th October a gang of nearly one thousand armed mill-hands attacked the same hospital, and were dispersed by the police. The incident was a grave indication of the general feeling. The large Municipal conservancy staff became affected by the general feeling of unrest and it was feared that a strike might occur among them. Mr. Snow stated that such a strike would have had the most appalling results. “ Bombay would, in a few days, have become uninhabitable and left to reek in a mass of sewage, sweepings and pollution, with no one at hand to conduct the daily routine of sanitation, much less to adopt a single preventive measure against plague.”

On the 6th of October the Municipal Commissioner4 issued a proclamation under section 434 of the Municipal Act making provision for the removal to hospital of all plague patients and the disinfection and evacuation of infected houses. The assistance of the police was to be employed where necessary. The populace evinced the greatest alarm and excitement at the suggestion for the compulsory removal of the sick to hospital, and the increase in the epidemic, coupled with the operations in progress, produced widespread alarm. People fled from the city in large numbers. On the 10th of October a number of millhands assembled outside the Arthur Road Hospital5 and threatened its demolition as well as violence to the employees. On the afternoon of the 29th October a gang of nearly one thousand armed millhands attacked the same hospital, and were dispersed by the police. The incident was a grave indication of the general feeling. The large Municipal conservancy staff6 became affected by the general feeling of unrest and it was feared that a strike might occur among them. Mr. Snow stated that such a strike would have had the most appalling results. “Bombay would, in a few days, have become uninhabitable and left to reek in a mass of sewage, sweepings and pollution, with no one at hand to conduct the daily routine of sanitation, much less to adopt a single preventive measure against plague.”

4. The chief officer of Bombay’s city government.
5. The city’s hospital for infectious diseases.
6. The city workers who carried away sewage and refuse.

Added to this, both Hindus and Muhammadans view with the greatest dislike any intrusion into their homes, and especially any possible interference with the privacy of their women. Among Hindus, again, the caste system and its elaborate rules prevent the intimate association, and especially the feeding in common, of the superior and inferior castes. These habits of mind and dictates of religious and social custom greatly increase the difficulty of enforcing the precautions essential to check the virulence of an epidemic disease, such as plague. Both in the City of Bombay and elsewhere the authorities who bore the responsibility of the operations kept these matters constantly in view and the precautionary measures were always devised so as to interfere to the least possible degree with the feelings and the customs of the people for the protection of whom they were devised.

Added to this, both Hindus and Muhammadans view with the greatest dislike any intrusion into their homes, and especially any possible interference with the privacy of their women. Among Hindus, again, the caste7 system and its elaborate rules prevent the intimate association, and especially the feeding in common, of the superior and inferior castes. These habits of mind and dictates of religious and social custom greatly increase the difficulty of enforcing the precautions essential to check the virulence of an epidemic disease, such as plague. Both in the City of Bombay and elsewhere the authorities who bore the responsibility of the operations kept these matters constantly in view and the precautionary measures were always devised so as to interfere to the least possible degree with the feelings and the customs of the people for the protection of whom they were devised.

7. Among Hindus, hereditary groups ranked high or low, with rules about marriage, food and contact between them.

In the case of the City of Bombay the greatest opposition was experienced from the Sunni Muhammadans, and especially the Konkani Sunnis. General Gatacre makes the following remarks with regard to the attitude of these Muhammadans : — “In the case of the Muhammadan community, and particularly of the Konkani Sunnis, much difficulty was at first experienced in bringing them to reason. The non-possumus attitude which they at first adopted is well illustrated by the proceedings at a meeting called by Hadji Oomer Jamal on December 28th for the purpose of persuading the community to assent to segregation. Most of the speakers were in favour of prayer as the best way of averting the disease, and when the promoters of the meeting tentatively suggested segregation, an old Muhammadan gentleman, as spokesman for certain sections of the community, said, ‘ he might mention that they were totally opposed to segregation and that nothing would persuade them to send their plague-stricken to the municipal hospital.’ A young Muhammadan then arose and, in supporting the last speaker, remarked : ‘ We will not go to hospital. Our musjid is our hospital.’ And this seemed to find favour with the meeting. — ( Times of India, December 29th.)

In the case of the City of Bombay the greatest opposition was experienced from the Sunni Muhammadans, and especially the Konkani Sunnis.8 General Gatacre9 makes the following remarks with regard to the attitude of these Muhammadans: “In the case of the Muhammadan community, and particularly of the Konkani Sunnis, much difficulty was at first experienced in bringing them to reason. The non possumus10 attitude which they at first adopted is well illustrated by the proceedings at a meeting called by Hadji Oomer Jamal on December 28th for the purpose of persuading the community to assent to segregation. Most of the speakers were in favor of prayer as the best way of averting the disease, and when the promoters of the meeting tentatively suggested segregation, an old Muhammadan gentleman, as spokesman for certain sections of the community, said, ‘he might mention that they were totally opposed to segregation and that nothing would persuade them to send their plague-stricken to the municipal hospital.’ A young Muhammadan then arose and, in supporting the last speaker, remarked: ‘We will not go to hospital. Our musjid11 is our hospital.’ And this seemed to find favor with the meeting.—(Times of India, December 29th.)

8. Sunni Muslims whose families came from the Konkan, the coast south of Bombay.
9. W. F. Gatacre, a British army general, chairman of the Bombay Plague Committee appointed in March 1897.
10. Latin, “we cannot”: a flat refusal.
11. Mosque (masjid).

“As regards the hospitals themselves, any and every objection was put forward against them. The same Kazi, who is mentioned below as having any interest in the burial-grounds, said in the course of an inflammatory speech on March 13th: ‘ The vehicle employed to convey plague patients to the hospital was regarded as a hearse brought to the door of one’s house to take away the dead. Mothers whose ill and suffering children were taken away from them would become frantic and sacrifice their lives; men’s frenzy would turn them into fanatics ; they would lose control over themselves. How could a husband be expected to tolerate the sight of his wife's hand being in the hand of another man? From the vans or carriages for the sick patients were taken out and thrown down upon the floor of the hospital as if they were so many pieces of stone. Moreover, in the hospital one could not say his prayers so many times a day; one would be made to drink spirits.’

“As regards the hospitals themselves, any and every objection was put forward against them. The same Kazi,12 who is mentioned below as having any interest in the burial grounds, said in the course of an inflammatory speech on March 13th: ‘The vehicle employed to convey plague patients to the hospital was regarded as a hearse brought to the door of one’s house to take away the dead. Mothers whose ill and suffering children were taken away from them would become frantic and sacrifice their lives; men’s frenzy would turn them into fanatics; they would lose control over themselves. How could a husband be expected to tolerate the sight of his wife’s hand being in the hand of another man? From the vans or carriages for the sick patients were taken out and thrown down upon the floor of the hospital as if they were so many pieces of stone. Moreover, in the hospital one could not say his prayers so many times a day; one would be made to drink spirits.’

12. A Muslim judge or religious officer (in Arabic, qadi).

“The last argument of all was one urged by a street orator, who insisted that segregation was contrary to the principles of Islam. ”

“The last argument of all was one urged by a street orator, who insisted that segregation was contrary to the principles of Islam.”

It was some time before the Konkani Sunnis became at all reconciled to the orders of the Government or consented to assist in carrying them out. They first presented a petition to the Governor of Bombay, His Excellency replied on the 29th of March that it was evident that the petition had been drawn up under a very serious misconception of the objects the Government had in view in appointing the Committee, and of the manner in which it was proposed to attain them. These objects and methods were then carefully explained. On the same day a deputation of the Konkani Sunnis waited on General Gatacre and protested against house-to-house visitation and segregation of the sick in hospital. General Gatacre replied that the circumstances made it impossible to permit any attempt to segregate the sick in their own houses. After a protracted discussion the deputation accepted this view, and consented to provide hospitals and segregation accommodation for their community. But on the 2nd of April a mass meeting of the opposition party was held in the hall of the Jama Masjid at which several resolutions were passed, of which the following was the first and most important : —

It was some time before the Konkani Sunnis became at all reconciled to the orders of the Government or consented to assist in carrying them out. They first presented a petition to the Governor of Bombay,13 His Excellency replied on the 29th of March that it was evident that the petition had been drawn up under a very serious misconception of the objects the Government had in view in appointing the Committee, and of the manner in which it was proposed to attain them. These objects and methods were then carefully explained. On the same day a deputation of the Konkani Sunnis waited on General Gatacre and protested against house-to-house visitation and segregation of the sick in hospital. General Gatacre replied that the circumstances made it impossible to permit any attempt to segregate the sick in their own houses. After a protracted discussion the deputation accepted this view, and consented to provide hospitals and segregation accommodation for their community. But on the 2nd of April a mass meeting of the opposition party was held in the hall of the Jama Masjid14 at which several resolutions were passed, of which the following was the first and most important:

13. Lord Sandhurst, the British governor of the Bombay Presidency.
14. The chief congregational mosque of Bombay.

“ This meeting declares that all sane and intelligent Sunni Muhammadans are ready at all times to obey Government orders not in conflict with their religion, but they can neither agree to, nor aid and abet in, the forcible removal of the sick to the hospital, and his compulsory separation from all or some of the members of his family with whom he used to live together, owing to its being directly opposed to their Sunni Muhammadan religion.” A protest and a copy of the resolution was then forwarded to the Plague Committee.

“This meeting declares that all sane and intelligent Sunni Muhammadans are ready at all times to obey Government orders not in conflict with their religion, but they can neither agree to, nor aid and abet in, the forcible removal of the sick to the hospital, and his compulsory separation from all or some of the members of his family with whom he used to live together, owing to its being directly opposed to their Sunni Muhammadan religion.” A protest and a copy of the resolution was then forwarded to the Plague Committee.

The following account of the manner in which the house-to-house visitation and the removal of patients was conducted is derived from General Gatacre’s report : —

The following account of the manner in which the house-to-house visitation and the removal of patients was conducted is derived from General Gatacre’s report:

“ Meeting at 7 A.M. each morning at the nearest sub-divisional office — each Justice was supplied with the following staff: —
1 Sub-Inspector belonging to the disinfecting staff.
3 Military sepoys.
2 Police sepoys.
1 Locksmith.
1 Ambulance and ambulance sepoys.

“Meeting at 7 a.m. each morning at the nearest subdivisional office—each Justice15 was supplied with the following staff: 1 Sub-Inspector belonging to the disinfecting staff. 3 Military sepoys. 2 Police sepoys. 1 Locksmith. 1 Ambulance and ambulance sepoys.

15. A Justice of the Peace: a leading citizen, Indian or European, with minor legal powers. The report says 115 of them led searches in the city.

“ If possible, he was accompanied by the subdivisional medical officer of the district and, when the quarter was Muhammadan, by a lady doctor.

“If possible, he was accompanied by the subdivisional medical officer of the district and, when the quarter was Muhammadan, by a lady doctor.16

16. A woman doctor, so that Muslim women who kept apart from men outside the family could be examined by a woman.

“The houses in each street were systematically searched down one side and up the other ; no exceptions were made, all alike being subjected to the same rigid inspection.

“The houses in each street were systematically searched down one side and up the other; no exceptions were made, all alike being subjected to the same rigid inspection.

“ On arriving at a house, sepoys were stationed at all the entrances to prevent persons leaving before the inspection was completed ; the search party then entered the building.

“On arriving at a house, sepoys17 were stationed at all the entrances to prevent persons leaving before the inspection was completed; the search party then entered the building.

17. Indian soldiers or police constables.

“Each room, landing, passage, loft, every nook and corner was thoroughly investigated ; owing to the exodus that had taken place from the city, a large number of rooms, dwelling-houses, shops and warehouses were found locked up, the owners having fled and left their property behind them. None of these places were overlooked. All were opened and examined in the presence of a police sepoy, who saw that no unnecessary damage was done to property and that the premises were securely fastened after the search had been completed.

“Each room, landing, passage, loft, every nook and corner was thoroughly investigated; owing to the exodus that had taken place from the city, a large number of rooms, dwelling houses, shops and warehouses were found locked up, the owners having fled and left their property behind them. None of these places were overlooked. All were opened and examined in the presence of a police sepoy, who saw that no unnecessary damage was done to property and that the premises were securely fastened after the search had been completed.

“ A considerable amount of ingenuity was exercised in the concealment of cases. Patients have been found hidden under bedding and under bundles of clothing, and friends have even gone so far as to lock their sick up in large wooden chests when the search-parties were expected, in the hope that they might thus elude their vigilance. A favourite device was for the patient to assume an air of great activity ; he would be found so busily engaged in his work that he had not time even to answer questions put to him. In the case of women, the sick were frequently come upon grinding corn and singing energetically, but the tell-tale, anxious, haggard face, and the suffused eyes would arouse suspicion, and upon examination the diagnosis was often confirmed by high temperature and enlarged glands.

“A considerable amount of ingenuity was exercised in the concealment of cases. Patients have been found hidden under bedding and under bundles of clothing, and friends have even gone so far as to lock their sick up in large wooden chests when the search parties were expected, in the hope that they might thus elude their vigilance. A favorite device was for the patient to assume an air of great activity; he would be found so busily engaged in his work that he had not time even to answer questions put to him. In the case of women, the sick were frequently come upon grinding corn and singing energetically, but the telltale, anxious, haggard face, and the suffused eyes would arouse suspicion, and upon examination the diagnosis was often confirmed by high temperature and enlarged glands.18

18. Swollen glands (buboes), the mark of bubonic plague.

“ Other cases of concealment, such as persons being shut in boxes, in lofts, and in privies, were constantly being brought to light and even corpses have been made to simulate life, to avoid the inevitable disinfection of the premises.

“Other cases of concealment, such as persons being shut in boxes, in lofts, and in privies, were constantly being brought to light and even corpses have been made to simulate life, to avoid the inevitable disinfection of the premises.