LAWS(SC)-2020-11-10

GURUSIMRAN SINGH NARULA Vs. UNION OF INDIA

Decided On November 05, 2020
Gurusimran Singh Narula Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This Writ petition filed in the public interest under Article 32 of the Constitution of India seeks direction to forthwith ban on spraying of all kinds of disinfectants on human beings which is being done supposedly for protecting the human beings from the Novel Coronavirus disease 2019(Covid-19).

(2.) The World Health Organisation(WHO) declared novel coronavirus disease, 2019 (hereinafter referred to asCovid-19) as a Pandemic on 11.03.2020. All countries including India after spread of the pandemic had taken and are still taking different measures to contain the disease and protect its citizens from Covid-19. On 29.03.2020, Ministry of Health and Family Welfare, Government of India, released guidelines on disinfection of common Public places including Offices. The scope as contained in the guidelines is to the following effect:-

(3.) On 18.04.2020, Director General of Health Services (EMR Division), Ministry of Health and Family Welfare, issued an advisory against spraying of disinfectants on people for Covid-19 arrangements. Even though in the above advisory, spraying of individuals or groups was not recommended, several bodies, organizations started using spraying tunnels to disinfect the human body. The press release dated 23.4.2020 was issued by National Capital Laboratory(Council for Scientific and Industrial Research) which was joint press release by CSIR-NCL Pune-ICT Mumbai, stating that the use of mist based sanitization is expected to provide safeguard to front-line health care professionals including paramedical staff, police and employees providing essential services. Other public organizations also started using the walk way spray tunnels, and other measures for disinfecting humans at various public places.