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Gursimran Singh Narula v. Union of India, Ministry of Science and Technology

Writ Petition (Civil) · 2020 INSC 635Decided 5 Nov 2020
Writ Petition (Civil) No. 560 of 2020
Justice Ashok Bhushan · Justice R. Subhash Reddy · Justice M.R. Shah

Background

The petitioner, appearing in person, filed a PIL under Article 32 seeking a ban on spraying or fumigating chemical and self-claimed "organic" disinfectants directly on human beings, and on exposing people to artificial ultraviolet (UV) rays, as a supposed COVID-19 precaution. He relied on the Health Ministry's own April 2020 advisory stating that spraying disinfectants on individuals was "not recommended under any circumstances" and could be physically and psychologically harmful, pointing out that despite this advisory, many public and private bodies continued installing "disinfection tunnels" for walk-through spraying.

Decision Breakdown

The Supreme Court held that the right to health is an integral facet of the right to life under Article 21, and that the Disaster Management Act, 2005 not only empowers but casts a duty on the Union Health Ministry to act: a power conferred for public benefit is coupled with a duty to exercise it when circumstances demand, not merely to issue advisories and stop there. Since the Ministry's own position was that spraying disinfectants on people was not recommended, yet it had taken no concrete steps to prevent or regulate continued use of disinfection tunnels and UV exposure, the Court held something more was required. It disposed of the writ petition by directing the Union Health Ministry to consider and issue, within one month, necessary directions to ban or regulate the use of disinfection tunnels (chemical or organic spraying) and exposure of humans to artificial UV rays.

Lesson Learnt

When a government authority has statutory power coupled with a duty to protect public health, courts can compel it to actually exercise that power through binding directions: merely issuing a non-binding advisory and taking no further action is not enough when people's health and safety are demonstrably at risk.

Official source (sci.gov.in)View Judgment (PDF)

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