Case Note & Summary
The petitioner, Kush Kalra, filed a Public Interest Litigation under Article 32 of the Constitution of India challenging the decision of various States and Union Territories to affix posters outside the residences of COVID-19 positive persons who are under home isolation. The petitioner sought a writ of certiorari quashing such decisions and a writ of mandamus directing the respondents to stop the practice, as well as to cease disclosing names of COVID-19 positive persons to resident welfare associations or on WhatsApp groups. The petitioner argued that this practice violates the fundamental right to privacy under Article 21, as recognized in Justice K.S. Puttaswamy v. Union of India, and the right to live with dignity. It was submitted that the practice leads to stigmatization, public embarrassment, and deters persons from getting tested. The petitioner also noted that the NCT of Delhi had already withdrawn the practice following a Delhi High Court order. The Union of India, represented by the Solicitor General, filed an affidavit stating that the Ministry of Health and Family Welfare guidelines dated 02.07.2020 for home isolation do not contain any instruction for affixing posters. A D.O. letter dated 19.11.2020 was issued to all States and Union Territories reiterating that the guidelines must be followed in letter and spirit. The court, after hearing the parties, observed that the Union of India has already clarified the position and that no State or Union Territory is required to paste posters as of now. The court held that such practice can only be resorted to if a direction is issued by the competent authority under the Disaster Management Act, 2005. The writ petition was disposed of accordingly, without issuing notice to all respondents, and the court did not delve into the constitutional submissions in view of the Union's stand.
Headnote
A) Constitutional Law - Right to Privacy - Article 21 - Affixing posters outside residences of COVID-19 positive persons violates right to privacy - The court noted that the practice of affixing posters is not supported by any guidelines under the Disaster Management Act, 2005, and the Union of India has clarified that no such direction exists - Held that the practice is not required and States/UTs must follow MoHFW guidelines (Paras 11-13). B) Constitutional Law - Right to Dignity - Article 21 - Stigmatization of COVID-19 patients - The court observed that affixing posters leads to public embarrassment and stigmatization, deterring persons from testing - Held that illness cannot be a ground for discrimination under Article 14 (Paras 6, 13). C) Disaster Management Act, 2005 - Guidelines for Home Isolation - MoHFW Guidelines dated 02.07.2020 - The court noted that the guidelines do not contain any instruction for affixing posters - The D.O. letter dated 19.11.2020 reiterates that States must adhere to MoHFW guidelines (Paras 11-12).
Issue of Consideration
Whether the practice of affixing posters outside residences of COVID-19 positive persons violates fundamental rights under Articles 14, 19, and 21 of the Constitution of India.
Final Decision
The Supreme Court disposed of the writ petition, observing that no State or Union Territory is required to paste posters outside residences of COVID-19 positive persons as of now. The court held that such practice can only be resorted to if a direction is issued by the competent authority under the Disaster Management Act, 2005. The court did not issue notice to all respondents and did not delve into the constitutional submissions in view of the Union's stand.
Law Points
- Right to privacy
- Right to dignity
- Article 21
- Article 14
- Disaster Management Act
- 2005
- Home isolation guidelines
