2020 Supreme(SC) 649

SUPREME COURT OF INDIA
ASHOK BHUSHAN, R. SUBHASH REDDY, M.R. SHAH, JJ.
Gurusimran Singh Narula – Appellant
Versus
Union of India and Another – Respondents
Writ Petition (C) No. 560 of 2020
Decided On : 05-11-2020

IMPORTANT POINTS
(1) Right to life as recognized under Article 21 is Right to live with dignity – Right to health is also recognized as an important facet of Article 21 of Constitution.
(2) Corona Pandemic – For spraying disinfectant on human body, fumigation or use of UV rays against human body, there has to be regulatory regime when respondent No.1 itself is of the view that such use is not recommended.

Headnote:

(A) Constitution of India – Article 21 – Right to life – Article 21 of Constitution provides for protection of life and personal liberty – Expression 'life' used in Article 21 has wide import and connotation – Article 21 encompasses a bundle of rights which have been recognized from time to time by legislature of this Country and Courts of this Country including this Court – Right to life as recognized under Article 21 is Right to live with dignity – Right to health is also recognized as an important facet of Article 21 of Constitution. (Para 19)

(B) Disaster Management Act, 2005 – Sections 10 and 36 – Constitution of India – Article 32 – Public Interest Litigation – Corona Pandemic – Petition seeking ban on spraying of all kinds of disinfectants on human beings – Powers under sub-section (2) of Section 10 clauses (i) and (l) of Act, 2005, have been delegated to Secretary, Ministry of Health and Family Welfare, Government of India, by notification dated 11.03.2020 – It is Secretary, Ministry of Health and Family Welfare, who had to lay down guidelines or give directions to concerned Ministries or Departments of Government of India, State Governments and State Authorities regarding measures to be taken by them in response to any disrupting situation or disaster – Pandemic has threatened health of entire citizenry of country and all facets relating to pandemic Covid19, its prevention, mitigation and cure are to be dealt with and taken care of authorities empowered with different duties and functions under different statutes including Disaster Management Act, 2005 – When respondent No.1 has issued advisory that use of disinfectant on human body is not recommended and it has been brought into its notice that despite said advisory, large number of organizations, public authorities are using disinfectants on human body, it was necessary for respondent No.1 to issue necessary directions either to prevent such use or regulate such use as per requirement to protect health of people – Provisions of Disaster Management Act, Section 10, 36 and other provisions are not only provisions of empowerment but also cast a duty on different authorities to act in best interest of people to subserve objects of the Act – Act, 2005, is special legislation containing self-contained provisions to deal with a disaster – Pandemic being a disaster within the meaning of Act, 2005, has to be dealt with sternly and effectively. (Paras 22, 23, 29, 32 and 34)

(C) Constitution of India – Article 32 – Disaster Management Act, 2005 – Sections 10 and 36 – Public Interest Litigation – Corona Pandemic – Petition seeking ban on spraying of all kinds of disinfectants on human beings – When a statute confer power on authority and that power is to be exercised for the benefit of people in general, power is coupled with duty – For spraying disinfectant on human body, fumigation or use of UV rays against human body, there has to be regulatory regime when respondent No.1 itself is of the view that such use is not recommended – Respondent No.1 has wide powers and responsibilities under Act, 2005, which could have been utilized to remedy the situation – In event, use of disinfectant on human body is to cause adverse effect on health of people, there has to be immediate remedial action and respondent No.1 cannot stop only by saying that such use is not recommended – Respondent No.1 may consider and issue necessary directions in exercise of powers vested in it under Disaster Management Act, 2005, regarding ban/Regulation on usage of disinfection tunnels involving spraying or fumigation of chemical/organic disinfectants for human beings; or there shall be similar consideration and directions by respondents with regard to exposure of human being to artificial ultraviolet rays. (Paras 36, 41 and 42)

Facts of the Case:

Present 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 Novel Corona virus disease 2019(Covid19). Publication from World Health Organization has also been relied where it is clearly stated that spraying and introducing bleach or other disinfectant into body will not protect against Covid19 and can be dangerous. Quoting World Health Organization, it is pleaded that Ultraviolet (UV Lamps) should not be used to disinfect the hands and other areas of the skin.

Findings of Court:

There are hosts of regulatory measures of radiation for use of UV rays with regard to food and other articles. We are of the view that for spraying disinfectant on human body, fumigation or use of UV rays against the human body, there has to be regulatory regime when respondent No.1 itself is of the view that such use is not recommended.

Result : Writ Petition disposed of with directions.