PIL in Supreme Court challenges decision of states, UTs to affix posters outside homes of COVID-19 patients

The Supreme Court on Thursday indicated that it will hear on November 5 a PIL challenging the decision of states and union territories to affix posters outside the homes of COVID-19 patients, divulging their identities.

. The Bench of Justices Ashok Bhushan, R Subhash Reddy and MR Shah asked the petitioner to serve a copy of the PIL to the office of the Solicitor General for India, and listed the case for hearing on November 5.

. This PIL assails the affixing of posters outside the homes of COVID-19 patients as a mark of identification, as well as divulging names of such patients to housing societies' management and Resident Welfare Associations.

. Such disclosure of identity of such patients is in gross violation of their fundamental right to privacy enshrined under Article 21, the PIL says.

. The petitioner prays for the Supreme Court to direct the states to pass necessary orders to ensure such disclosure of names does not take place. The PIL also seeks quashing of the executive orders of the states and UTs that allow affixing of posters outside patients' homes.

. It is argued that these actions not only violate the Article 14 and 21 rights of the COVID-19 patients, but also adds to the stigma attached to the disease. The petition avers,

. "Owing to affixing of posters, Covid-19 positive who are already battling the severe physical illness and the associated mental trauma are being subjected to stigmatisation the members of the neighbourhood and community. Affixing posters outside their homes lead to their illness is being widely publicised amongst other residents of a colony or apartment complex as well as household staff of neighbours, vendors, passers-by and other unrelated persons." . Moreover, circulation of names of such persons publicly and subjecting them to scrutiny of the public goes against the ethos of living with dignity, the PIL submits.

. The authorities exercising their power in order to make public the names of people infected with the novel Coronavirus also goes against the Constitutional guarantee enshrined under Article 14, it is averred. The PIL adds, "the Constitution does not and can never permit discrimination on the ground of illness and physical suffering."

. "It is extremely important to note that the neither the National Disaster Management Act not the Epidemic Diseases Act permit such discriminatory action or differentiation... Such power also cannot be exercised to cause widespread discrimination by singling out Covid-19 positive persons by affixing of posters." PIL before Supreme Court . The revelation of names of patients also fail the tests of proportionality and reasonableness, the petition further says.

. While some states have already rescinded their executive orders for affixing of such posters, the majority of states continue with this practice, it is claimed.

The Apex Court has yet to admit or reject this plea and will hear the case on November 5.

. The petitioner was represented by Advocates Chinmoy Pradip Sharma and Puneet Taneja .

. Read Order:

PIL in Supreme Court challenges decision of states, UTs to affix posters outside homes of COVID-19 patients

Shruti Mahajan

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