The Supreme Court on Wednesday ruled that the states and Union Territories are not under any obligation to display caution notices outside the homes of Covid-19 patients and any such directive can be issued only if there is specific directive from the Union government under the Management Act, 2005.

The apex court passed the order after recording an undertaking from solicitor-general Tushar Mehta who informed the court that no directive had been passed by the Centre on affixing notices outside the homes of Covid patients and that the health and family welfare ministry had through a circular on November 19 reiterated that there was no need for such a practice.

“The Union of India has already issued D.O. letter dated 19.11.2020 extracted above to guide the States and Union Territories, we only observe that no state or Union Territory is required to paste posters outside the residence of Covid-19 positive persons, as of now. The state governments and Union Territories can resort the above exercise only when any direction is issued by the competent authority under the Disaster Management Act, 2005,” the apex court said in a judgment.

A bench of Justices Ashok Bhushan, R.Subhash Reddy and M.R. Shah passed the judgment while disposing of a PIL filed by social activist Kush Kalra challenging practice of affixing notices outside the homes of Covid patients in many states, particularly Delhi and Punjab, as being discriminatory and in violation of fundamental rights guaranteed under Articles 14, 19 and 21.

The petitioner had pleaded that directions be issued to stop publishing the names of Covid-positive persons by officials of the health department in the states and Union Territories and also to stop freely circulating their names in welfare associations of colony and apartment complex, which are a serious violation of fundamental rights, right to privacy and right to live with dignity.

“Covid-19 positive persons cannot be denigrated merely because they have contracted the illness. Illness of a person cannot be made a reason or ground for discrimination and differential treatment. These are the principles upon which Article 14 (Right to Equality) of the Constitution is founded. Moreover, the Constitution does not and can never permit discrimination on the ground of illness and physical suffering.

“Covid-19 with its malefic effects is the most harrowing experience, both physically and mentally. To add to this is the traumatising experience of living in isolation and the severe curtailment of freedom. A Covid-19 positive person is already subjected to restrictions by the State in the form of isolation, which amounts to curtailment of rights under Article 19 (Freedom of Speech) of the Constitution. The State cannot be permitted to affix posters outside residences and circulate names which lead to further curtailment of the rights of such persons guaranteed by Article 21 (Right to Life and Personal Liberty) of the Constitution,” the petitioner had pleaded.