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Kush Kalra v. Union of India

Writ Petition (Civil) · 2020 INSC 692Decided 9 Dec 2020
Writ Petition (Civil) No. 1213 of 2020
Justice Ashok Bhushan · Justice R. Subhash Reddy · Justice M.R. Shah

Background

During the COVID-19 pandemic, several state and local authorities had been affixing posters outside the homes of COVID-positive persons under home isolation and circulating their names in neighbourhood groups. The petitioner filed a public interest writ petition under Article 32, arguing this practice violated the right to privacy and dignity under Article 21, and asked the Supreme Court to direct all states and union territories to stop it.

Decision Breakdown

The Union of India's Solicitor General informed the Court that the Ministry of Health and Family Welfare's official guidelines contained no instruction authorizing the pasting of posters outside the homes of COVID-positive persons, and that the Ministry had already issued a letter on 19 November 2020 to all states and union territories clarifying this and asking them to strictly follow the official home-isolation guidelines instead. Given this clear position, the Court held there was no need to examine the petitioner's detailed privacy and dignity arguments further, and simply recorded that no state or union territory was required or authorized to paste such posters unless some future direction under the Disaster Management Act, 2005 specifically permitted it. The writ petition was disposed of on this basis, without issuing notice to the individual states and union territories.

Lesson Learnt

A practice does not need to be struck down by a court if the government itself formally confirms, on record, that it was never officially sanctioned and that it has already directed authorities to stop it: citizens facing stigmatizing or privacy-invading local practices during a public health emergency do have a judicial remedy available.

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

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