KUSH KALRA versus UNION OF INDIA AND ORS.

KUSH KALRA versus UNION OF INDIA AND ORS.

The Ministry of Health and Family Welfare guidelines dated 02.07.2020 do not require or authorize affixing posters outside residences of COVID-19 positive persons; the Union issued a D.O. letter dated 19.11.2020 clarifying that no such instruction exists; consequently no State or Union Territory is required to paste posters as of now, and such an exercise by States/UTs can only be undertaken when a direction is issued by the competent authority under the Disaster Management Act, 2005.

Parties
Petitioner: Kush Kalra; Respondent: Union of India; Respondent: NCT of Delhi
Jurisdiction
India
Judgment Date
09 December 2020
Procedural Posture
Writ Petition Under Article 32 (writ Petition (civil) No.1213 of 2020) / Disposed (final Judgment)
Outcome
Writ petition disposed
Legal Topics
Right to Privacy, Home Isolation Guidelines, Affixing Posters Outside Residences, Publication of COVID 19 Patients' Names, Disaster Management Act, 2005
Constitutional Law Public Health Law Administrative Law Disaster Management Right to Privacy Home Isolation Guidelines Affixing Posters Outside Residences Publication of COVID 19 Patients' Names +1 more

Case Brief

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Parties

Kush Kalra

Petitioner

Union of India

Respondent

NCT of Delhi

Respondent

Procedural Posture

Writ Petition Under Article 32 (writ Petition (civil) No.1213 of 2020) / Disposed (final Judgment)

Legal Issues

  1. 1 Whether affixing posters outside residences of COVID-19 positive persons under home isolation is authorized or permissible
  2. 2 Whether the Ministry of Health and Family Welfare guidelines require or permit affixing posters outside residences of COVID-19 positive persons
  3. 3 Whether States and Union Territories are obliged or may affix posters absent a direction by the competent authority under the Disaster Management Act, 2005

Ratio Decidendi

The Ministry of Health and Family Welfare guidelines dated 02.07.2020 do not require or authorize affixing posters outside residences of COVID-19 positive persons; the Union issued a D.O. letter dated 19.11.2020 clarifying that no such instruction exists; consequently no State or Union Territory is required to paste posters as of now, and such an exercise by States/UTs can only be undertaken when a direction is issued by the competent authority under the Disaster Management Act, 2005.

Court Disposition

Writ petition disposed

Orders

  • Writ petition disposed of.
  • Recorded that the Ministry of Health and Family Welfare guidelines dated 02.07.2020 do not contain any instruction to affix posters or other signage outside the residences of those found COVID-19 positive.