Affixing posters outside COVID patients' homes not required, holds SC
Dec 09, 2020
New Delhi [India], December 9 : The Supreme Court on Wednesday held that affixing posters by State government authorities outside the homes of COVID-19 patients, divulging their identities, is not required unless directed by a competent authority.
A bench headed by Justice Ashok Bhushan, while disapproving the action, said there is no reason for the government authorities to affix home isolation posters outside COVID-19 patients' homes.
The bench directed that posters can be affixed by States and Union Territories only when competent authorities under the Disaster Management Act issue specific directions for it.
The court was hearing a public suit filed by advocate Kush Kalra challenging the affixing of posters outside the homes of COVID-19 patients as a mark of identification, claiming it discloses the identity of patients in a gross violation of their fundamental right to privacy.
Earlier, the Central government had said that there are no guidelines from the Centre to affix posters outside COVID-19 patients' homes. Justice MR Shah, during the hearing, had said that hard reality is different and these people are being treated as untouchables.
The plea had sought directions to ensure such disclosure of names does not take place and quashing of the executive orders of the States and Union Territories that allow affixing of posters outside homes of the COVID-19 patients.
It said that the act adds to the stigma attached to the disease and the revelation of names of patients also fail the tests of proportionality and reasonableness.
The Constitution does not and can never permit discrimination on the ground of illness and physical suffering," the plea had said, adding that circulation of names of such persons publicly and subjecting them to the scrutiny of the public goes against the ethos of living with dignity.
"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," it had added.
