SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1989 Supreme(Bom) 365

G.F.COUTO, V.A.MOHTA
Lucy R. D Souza – Appellant
Versus
State of Goa & others – Respondent


JUDGMENT - MOHTA V.A., J.:---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 Immune 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(1)(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 infectious 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 emp





















































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top