Following a nationwide measles outbreak that has resulted in nearly a thousand child deaths since March, questions have emerged regarding the state’s legal accountability. Vaccine coverage in Bangladesh has declined from 99.7 percent in 2021 to approximately 56–59 percent by 2025, falling well below the 95 percent threshold required to interrupt transmission. In early September, the High Court Division of the Supreme Court of Bangladesh issued a rule questioning why the family of a measles victim should not receive Tk 1 crore in compensation. While the Constitution identifies public health as a state duty, these provisions are not judicially enforceable. Legal analysis suggests that Article 32, which protects the right to life, could serve as a basis for addressing preventable health threats. The Infectious Diseases (Prevention, Control and Elimination) Act 2018 governs disease control but lacks specific mandates for vaccine reserves, reporting stockouts, or maintaining minimum coverage thresholds. The legislation currently focuses on penalizing citizens rather than establishing state accountability for public health failures.

The aim is not to make the State responsible for every outbreak that occurs, but to establish a legally responsible framework that will ensure a timely response, so when a similar crisis emerges, the State speaks with action rather than regret.

International standards, including the ICESCR and UNCRC, mandate that states take measures to prevent and control epidemics. Experts suggest amending the 2018 Act to include a publicly disclosed vaccine reserve, a scientific coverage threshold, and a no-fault compensation framework.

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