KUSH KALRAversusUNION OF INDIA AND ORS.

                       [2020] 12 S.C.R. 1133                            1133


                          KUSH KALRA                                    A
                                 v.
                  UNION OF INDIA AND ORS.
               (Writ Petition (Civil) No.1213 of 2020)
                       DECEMBER 09, 2020                                B
         [ASHOK BHUSHAN, R. SUBHASH REDDY
                 AND M. R. SHAH, JJ.]
       Disaster Management Act, 2005 – Posters affixed outside
residences of COVID-19 positive persons under home isolation –
                                                                        C
Writ petition filed praying inter alia for quashing the said decision
of affixing posters – Held: Guidelines issued by Ministry of Health
and Family Welfare does not contain any requirement of pasting of
posters against the houses of COVID-19 patients – State
Governments and Union Territories can resort to such exercise only
when any direction is issued by the competent authority under the       D
2005 Act – Constitution of India – Art.32.
      Disposing of the writ petition, the Court
      HELD: 1. The guidelines dated 02.07.2020 issued by the
Government of India, Ministry of Health and Family Welfare
brought on record as Annexure ‘A’ to the affidavit dated                E
30.11.2020 of the Union of India does not contain any guidelines
regarding pasting of posters outside the residences of COVID-
19 positive persons rather Government of India, Ministry of
Health and Family Welfare has issued D.O. letter dated 19.11.2020
which has been brought on record by the Union of India. Although,       F
various submissions have been made by the petitioner in support
of the writ petition but in view of the guidelines issued by the
Ministry of Health and Family Welfare which are referable to
exercise of power by the authority under Disaster Management
Act, 2005 which does not contain any requirement of pasting of
posters against the houses of COVID-19 patients, the detailed           G
submissions need no consideration in the present writ petition.
The Union of India has already issued D.O. letter dated
19.11.2020 to guide the States and Union Territories, it is only
observed that no State or Union Territory is required to paste
posters outside the residence of COVID-19 positive persons, as          H
                              1133
1134            SUPREME COURT REPORTS                          [2020] 12 S.C.R.


 A     of now. The State Governments and Union Territories can resort
       the above exercise only when any direction is issued by the
       competent authority under the Disaster Management Act, 2005.
       [Paras 11, 13][1137-E-F; 1138-E-H]
             CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
 B     1213 of 2020.
             Under Article 32 of the Constitution of India
             Tushar Mehta, SG, Chinmoy Pradip Sharma, Irfan Hasieb, Puneet
       Taneja, B. V. Balaram Das, Rajat Nair, Shantanu Sharma, Gurmeet Singh
       Makker, Chirag M. Shroff and Ms. Abhilasha Bharti, Advs. for the
 C     appearing parties.
             The Judgment of the Court was delivered by
             ASHOK BHUSHAN, J.
               1. This writ petition has been filed under Article 32 as Public
 D     Interest Litigation. The petitioner prays for following relief in the writ
       petition:
             “A. Issue a writ of certiorari quashing the decision taken by
             Respondent Nos. 4 to 38 of affixing posters outside residences of
             Covid-19 positive persons who are under home isolation;
 E           B. Issue a writ of mandamus directing Respondent Nos.4 to 38 to
             issue appropriate Orders to ensure that its authorities put an end
             to the practice of affixing posters outside residences of Covid-19
             positive persons who are under home isolation;
             C. Issue a writ of mandamus directing Respondent Nos.4 to 38 to
 F           issue appropriate Orders to ensure that its authorities and officials
             do not disclose the names of Covid-19 positive persons to any
             person or resident welfare associations/neighbourhood welfare
             groups/ apartment block groups etc.;
             D. During the pendency of this Writ Petition, direct Respondent
 G           Nos. 3 to 38 to issue appropriate Orders to forthwith stop the
             circulation of names of Covid-19 positive persons in any Whatsapp
             Group belonging to resident welfare associations/ neighbourhood
             welfare groups/apartment block groups etc.; and
             E. Pass such other and further orders as the nature and
 H           circumstances of the case may require thought fit by this Hon’ble
             Court.”
          KUSH KALRA v. UNION OF INDIA AND ORS.                                 1135
                  [ASHOK BHUSHAN, J.]

       2. In the writ petition although apart from Union of India, all the      A
States and the Union Territories have been impleaded as party
respondents, but we have not issued notice to the States and Union
Territories. Learned Solicitor General has appeared for Union of India,
respondent No.1 and has also filed an affidavit dated 30.11.2020.
      3. This writ petition is being decided without issuing notice to          B
respondent Nos.2 to 38 after hearing the learned Solicitor General
appearing for Union of India.
       4. The petitioner in the writ petition questions the decision taken
by the various States and Union Territories and the authorities to affix
posters outside the residences of persons who are COVID-19 positive             C
and are required to stay home isolation. The petitioner prays that directions
be issued to stop publishing the names of COVID-19 positive persons
by the official of the Health Department in the States and Union Territories
and also to stop freely circulating their names in welfare associations of
colony and apartment complex which are serious violation of fundamental
rights, right to privacy and right to live with dignity.                        D

       5. We have heard Shri Chinmoy Pradip Sharma, learned counsel
for the petitioner and Shri Tushar Mehta, learned Solicitor General.
Shri Chirag M. Shroff has also appeared for NCT of Delhi.
     6. Learned counsel for the petitioner in support of the writ petition      E
makes following submissions:
      (i) Affixing posters outside residences of Covid-19 positive persons
      amounts to unprecedented violation of the right to privacy which
      is a Fundamental Right guaranteed under Article 21 of the
      Constitution of India. The importance of the Fundamental Right            F
      to Privacy and its essence stands recognised by this Hon’ble Court
      in its judgment rendered in the case of Justice K. S.
      Puttaswamy(Retd.) vs. Union of India reported in (2017) 10
      SCC 1.
      (ii) Covid-19 positive persons are having to live in their homes
                                                                                G
      with posters publicly affixed outsides their residences and their
      names being widely disclosed and circulated in public forums are
      the most inhuman and indignifying experience. This subjects the
      persons into becoming talk of the neighbourhood and their private
      lives and illness becomes the topic of idle gossip. Moreover, the
      dignity of a person lies in the ability to live in the society with       H
1136            SUPREME COURT REPORTS                              [2020] 12 S.C.R.


 A           respect. When posters are affixed and names are circulated
             publicly, the private life of an individual is subjected to public scrutiny
             which destroys the very ethos of one’s dignity.
             (iii) Covid-19 positive persons cannot be denigrated merely because
             they have contracted the illness. Illness of a person cannot be
 B           made a reason or ground for discrimination and differential
             treatment. These are the principles upon which Article 14 of the
             Constitution is founded. Moreover, the Constitution does not and
             can never permit discrimination on the ground of illness and physical
             suffering.
 C           (iv) Covid-19 with its malefic effects is the most harrowing
             experience, both physically and mentally. To add to this is the
             traumatising experience of living in isolation and the severe
             curtailment of freedom. A Covid-19 positive person is already
             subjected to restrictions by the State in the form of isolation which
             amounts to curtailment of rights under Article 19 of the
 D           Constitution. The State cannot be permitted to affix posters outside
             residences and circulate names which leads to further curtailment
             of the rights of such persons guaranteed by Article 21 of the
             Constitution.
             (v) The practise of affixing posters is not known or proven to
 E           serve any purpose. The decision to do so has been taken without
             any application of mind. It is extremely important to note that
             pasting of posters by the Respondents has turned out to be
             counterproductive. In order to avoid drawing undue attention in
             case of testing positive, persons are shying away and deliberately
 F           choosing not to test themselves to shield themselves from the
             public embarrassment and stigmatisation which is being caused
             by pasting of posters outside their residences. A person who is
             Covid-19 positive should be at liberty to cope and recover from
             the serious illness rather than having to deal with unnecessary
             and undue attention from neighbours and other residents in the
 G           colony/neighbourhood.
              7. Learned counsel for the petitioner further submits that the
       petitioner has also filed a writ petition being Writ Petition(C) No.7250 of
       2020 in the High Court of Delhi where NCT of Delhi has submitted that
       no posters shall be posted outside the residence of any home isolation
 H
         KUSH KALRA v. UNION OF INDIA AND ORS.                                1137
                 [ASHOK BHUSHAN, J.]

patient and all the posters which are already posted outside the residence    A
of home isolation patients shall be removed. The Delhi High Court noticing
the above submission of the NCT of Delhi has disposed of the writ
petition by order dated 03.11.2020.
      8. Learned Solicitor General submits that in the guidelines which
have been issued by the Government, Ministry of Health and Family             B
Welfare for home isolation, there are no guidelines for pasting of posters
outside the residence of COVID-19 positive persons. He has referred
to the guidelines dated 02.07.2020 issued on the subject (Revised
guidelines for Home Isolation of very mild/pre-symptomatic/
asymptomatic COVID-19 cases).
                                                                              C
       9. Shri Mehta submits that the Department of Family Welfare has
also issued a D.O. letter dated 19.11.2020 to Additional Chief Secretaries/
Principal Secretaries/ Secretaries(Health) All States/UTs that the
Government of India, Department of Health and Family Welfare, Ministry
of Health and Family Welfare Guidelines do not contain any instruction
or guidance regarding affixing posters or other signage outside the           D
residences of those found COVID-19 Positive.
       10. We have considered the submissions of the learned counsel
for the parties and have perused the records.
       11. The guidelines dated 02.07.2020 issued by the Government of        E
India, Ministry of Health and Family Welfare brought on record as
Annexure ‘A’ to the affidavit dated 30.11.2020 of the Union of India
does not contain any guidelines regarding pasting of posters outside the
residences of COVID-19 positive persons rather Government of India,
Ministry of Health and Family Welfare has issued D.O. letter dated
19.11.2020 which has been brought on record by the Union of India to          F
the following effect:
      “It has been brought to the notice of this Ministry that in some
      States, the practice of affixing posters outside the homes of persons
      found positive is being followed. There is a possibility that in some
      States this practice may also be resorted to even in such cases         G
      where the positive persons are not under home isolation but have
      been shifted to a COVID Care Centre or are under hospitalization.
      2. In this context, the following is reiterated as a guidance for all
      States and Union Territories:
                                                                              H
1138            SUPREME COURT REPORTS                           [2020] 12 S.C.R.


 A               i) MoHFW Guidelines do not contain any instructions or
                    guidance regarding affixing of posters or other signage
                    outside the residences of those found COVID positive.
                 ii) The Guidelines issued by Central Government in this regard
                     are very clear. The same, issued on 2nd July, 2020 for positive
 B                   patients under home isolation, are attached herewith and
                     can also be accessed at https://www.mohfw.gov.in/pdf/
                     RevisedHomeIsolationGuidelines.pdf These Guidelines
                     must be followed by all concerned in letter & spirit.
             3. I request your intervention to ensure scrupulous adherence of
 C           MoHFW Guidelines.”
              12. Learned Solicitor General has categorically cleared the stand
       of the Union of India insofar as pasting of posters outside the residences
       of COVID-19 positive persons. It is stated that neither any such direction
       has been issued by the Government of India nor it is obligatory to any
 D     State or Union Territory to paste the posters outside the residences of
       COVID-19 positive persons. The petitioner in the writ petition has also
       pleaded that the State of Punjab and NCT of Delhi which had earlier
       issued directions for affixing posters outside the residence of COVID-
       19 patients have withdrawn the said orders and now no posters are
       being pasted on the outside of the houses of COVID-19 positive persons.
 E
              13. Although, various submissions have been made by the petitioner
       in support of the writ petition but in view of the guidelines issued by the
       Ministry of Health and Family Welfare which are referable to exercise
       of power by the authority under Disaster Management Act, 2005 which
       does not contain any requirement of pasting of posters against the houses
 F     of COVID-19 patients, the above detailed submissions need no
       consideration in the present writ petition. The Union of India has already
       issued D.O. letter dated 19.11.2020 extracted above to guide the States
       and Union Territories, we only observe that no State or Union Territory
       is required to paste posters outside the residence of COVID-19 positive
 G     persons, as of now. The State Governments and Union Territories can
       resort the above exercise only when any direction is issued by the
       competent authority under the Disaster Management Act, 2005. The
       writ petition is disposed of accordingly.


 H     Divya Pandey                                              Petition disposed of.