LUCY S DSOUZA Vs. STATE OF GOA

JUDGEMENT

(1.) SECTION 53 (1) (vii) of the Goa, Daman and Diu Public Health Act, 1985 (the Act) empowers the State Government to isolate persons found to be positive for Acquired Immuno Deficiency Syndrome (AIDS), for such period and on such conditions as may be considered necessary and in such Institutions or wards thereof as may be prescribed. A common point raised in these three petitions is whether the said provision is unreasonable, and therefore, violative of rights under Articles 14,19 (I) (d) and 21 of the Constitution of India.

(2.) THE Act aims at advancing the public health. Section 2 (15) defines the term 'infectious disease' as meaning an infactious disease as defined in Section 47 and includes notified diseases as defined in Section 57. Chapter VII relates to prevention, notification and treatment of diseases. Section 47 enumerates the list of infectious diseases and empowers the Government to declare by notification certain diseases to be infectious. Section 49 relates to provisions and maintenance of isolation hospitals and wards'. Section 51 mandates every Medical practitioner to give information about certain diseases to certain authorities. Section 53 empowers removal of infected person to a hospital under four circumstances mentioned in sub-sections (i) to (iv ).

(3.) THE Act was made when Goa was a Union Territory along with Daman and Diu. State of Goa, soon after its formation amended the Act by the Goa Public Health (Amendment) Act, 1987, which was published in the Official Gazette on 17-12-1987. Several diseases including AIDS were added in the statutory list of infectious diseases contained in Section 47. Sub-sections (vi) to (xv) were added to Section 53 (i ). Sub-section (vi) makes it mandatory not to refuse collection of blood for investigtion of AIDS or any other communicable infectious disease if the Health Officer has reasonable grounds to suspect that the person is suffering from any of those diseases. Sub-section (vii) made it mandatorty to isolate persons found to be positive for AIDS by serological tests. Sub sections (viii) to (xv) enumerates the care and/or precaution to be taken in the case of patient suffering from AIDS or other infectious disease. The Act was further amended by the Goa Public Health (Amendment) Act, 1989, which was published in the Official Gazette on 15-6-1989. The mandatory requirement of isloation of an AIDS patient contained in sub-section (vii) of Section 53 was converted into the discretionary requirement and authority of the Health Officer in the matter was withdrawn and given to the State Government. Further a proviso to clause (xv) was added.