The main legal point established is the need to balance patient privacy rights with public health concerns, emphasizing the legal and ethical obligations to maintain patient confidentiality and prevent unauthorized disclosure of patient identities.

JUDGMENT :

S. Pujahari, J.

Heard Mr.S.K.Dash, learned counsel for the petitioner and Mr. A.K.Parija, learned Advocate General appearing for the State-opposite parties through Video Conferencing mode.

2. This writ petition has been preferred by Ananga Kumar Otta, an Advocate of Orissa High Court Bar Association, by way of Public Interest Litigation, with a prayer to issue a writ in the nature of Mandamus directing the appropriate authority to take stern action against the persons for whose connivance or negligence, the identity of persons infected/affected by Corona virus (COVID-19) could be divulged and accordingly, prayed to direct the appropriate Government authorities to frame Rules/Guidelines and take steps for ameliorating the problems of persons infected/affected by COVID-19, so as to ensure that they are not stigmatized or victimized.

3. The petitioner in this writ petition had given several instances of stigmatization and harassment of Covid-19 patients throughout the country for disclosure of the identity. Furthermore, he has also given instances where the Government of Orissa itself in one of the cases under Bhubaneswar Municipal Corporation had disclosed the identity of a COVID-19 patient in utter disregard to the norms prescribed in this regard as well as the disclosure of the identity of thirteen persons in WhatsApp message, a popular social media platform, in the district of Kendrapara by a third party, but no action against the person making such disclosure has been taken by the Government. Pleading the aforesaid in detail, the petitioner has made the payer in the writ petition, as stated earlier.

4. This Court while issuing notice vide order dated 28.05.2020 directed the opposite party-State to ensure that identity of any person, who is admitted to Covid centres-any Government Hospital/private Hospital or any Quarantine centre in the State, found infected with Corona virus (COVID-19) is not disclosed/publicized either in any intradepartmental communication or in any media platform including social media and without delay, the learned Advocate General assured the Court that necessary steps shall be taken to ensure compliance of the guidelines issued by the Government of India and the order of this Court to secure the aforesaid purpose.

5. In the counter affidavit filed, the State of Orissa has pleaded that it is not divulging the names of the persons who are infected with COVID-19 and the State Government has come up with a policy of non-disclosure of the identity of the COVID-19 patients which is being strictly followed keeping in mind the interest of such patients. Vide such guideline dated 18.3.2019 the Government of Orissa in the Health & Family Welfare Department has instructed all the Collectors, District Magistrates and Municipal Commissioners that no person other than the Medical Superintendent or person duly authorized by him, shall speak to the media regarding persons who are under treatment and isolation for COVID-19. So also it has been directed that under no circumstances, the name, exact address and telephone number of the person under treatment for COVID-19 shall be disclosed. Keeping in view such guidelines the officials of the State Government are maintaining a strict protocol in protecting the identity of the persons who have been affected by COVID-19. However, it has been admitted in the counter affidavit that identity of the 5th corona virus infected patient in Bhubaneswar was disclosed, but according to the State, such disclosure was made with the sole intention of safeguarding the public who would have come in contract with COVID -19 infected person and in order to enable the authorities to trace out the people who have actually come in contact with the said infected person. That happened at a very early stage when the person concerned was fifth Covid patient in the State. So far as other all