The court has addressed a crucial issue concerning the violation of privacy rights in the practice of affixing Covid-19 posters outside the residences of positive individuals. Emphasizing the legal analysis, the court’s decision points to the fundamental rights enshrined in the Constitution of India. Stay tuned to understand the in-depth legal aspects of this important ruling.
Facts
- The petitioner prays for the issuance of appropriate Orders to put an end to the practice of affixing posters outside residences of Covid-19 positive persons under home isolation.
- The petitioner seeks a direction to ensure that authorities and officials do not disclose the names of Covid-19 positive persons to any individual or groups.
- The writ petition has been filed under Article 32 as a Public Interest Litigation.
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Arguments
- The petitioner in the writ petition questions the decision taken by various States and Union Territories to affix posters outside the residences of COVID-19 positive persons.
- Affixing posters outside residences of COVID-19 positive persons is considered a violation of the right to privacy, a Fundamental Right guaranteed under Article 21 of the Constitution of India.
- This action subjects individuals to become the topic of neighborhood gossip, compromising their privacy and dignity.
- The petitioner pleads for the issuance of directions to stop publishing the names of COVID-19 positive persons by Health Department officials and to prevent the circulation of names in welfare associations, stating that it violates fundamental rights.
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Analysis
- Affixing posters and circulating names publicly during Covid-19 cannot be denigrated merely because it is the most inhuman and indignifying experience.
- Subjecting an individual’s private life to public scrutiny destroys the very ethos of one’s dignity.
- Government guidelines do not mention affixing posters outside residences of COVID-19 positive individuals.
- A D.O. letter dated 19.11.2020 from the Ministry of Health and Family Welfare clarifies that affixing posters is not mandatory and is not mentioned in the guidelines.
- Pasting posters outside residences infringes on the rights of COVID-19 positive individuals under Article 19 and Article 21 of the Constitution.
- The practice of affixing posters has been deemed counterproductive and serves no known purpose.
- It is crucial to adhere to the Ministry of Health and Family Welfare guidelines issued on 02.07.2020 for positive patients under home isolation.
- Discrimination on the grounds of illness and physical suffering is not permitted by the Constitution.
- Illness cannot be a reason for discrimination or differential treatment according to Article 14 of the Constitution.
- Guidelines issued by the Ministry of Health and Family Welfare do not require pasting of posters against the houses of COVID-19 patients.
- The authority under the Disaster Management Act, 2005 does not have any requirement for pasting posters against the houses of COVID-19 patients.
- Various submissions made by the petitioner in support of the writ petition are not considered due to the above guidelines.
- The detailed submissions provided by the petitioner do not need consideration in the present writ petition.
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Decision
- No State or Union Territory is required to paste posters outside the residence of COVID-19 positive persons at present
- State Governments and Union Territories can only resort to this exercise when directed by the competent authority under the Disaster Management Act, 2005
- During the pendency of the writ petition, Respondent Nos. 3 to 38 are directed to stop circulating names of COVID-19 positive persons in any Whatsapp groups of resident welfare associations, neighborhood welfare groups, apartment block groups, etc.
Case Title: KUSH KALRA Vs. UNION OF INDIA (2020 INSC 692)
Case Number: W.P.(C) No.-001213 / 2020
