Case Note & Summary
The writ petition was filed in public interest under Article 32 of the Constitution of India seeking a ban on spraying of all kinds of disinfectants on human beings, which was being done purportedly to protect against COVID-19. The World Health Organization declared COVID-19 a pandemic on 11.03.2020. On 29.03.2020, the Ministry of Health and Family Welfare issued guidelines on disinfection of public places. Subsequently, on 18.04.2020, an advisory was issued against spraying disinfectants on people. Despite this, various organizations and public authorities started using spraying tunnels and other measures to disinfect humans. The petitioner relied on the advisory and WHO publications stating that spraying disinfectants on the body is dangerous. The court issued notice on 10.08.2020. The Union of India filed a counter affidavit on 01.09.2020, bringing on record the advisory and minutes of a meeting dated 09.06.2020 where spraying disinfectants was not recommended. On 07.09.2020, the court noted the Union's submission that directions would be issued. A compliance affidavit dated 28.09.2020 brought an O.M. dated 23.09.2020 reiterating that spraying of individuals or groups is not recommended. An intervention application was filed by Ideal Flow Pvt. Ltd., which developed a pressurized steam disinfectant chamber using natural oils, opposing a blanket ban. The court framed three issues: whether spraying chemical disinfectants, organic disinfectants, or exposure to ultraviolet rays without approval violates Article 21. The court held that such practices without scientific backing and approval from the relevant ministry violate the right to health under Article 21. The court directed that no person or authority shall spray or fumigate any chemical or organic disinfectant on human beings or expose them to ultraviolet rays without prior approval from the Ministry of Health and Family Welfare. The court also directed the Union of India to issue appropriate directions to all States and Union Territories to ensure compliance.
Headnote
A) Constitutional Law - Right to Health - Article 21 of the Constitution of India - Spraying of Disinfectants on Humans - The court considered whether spraying or fumigation of chemical or organic disinfectants on human beings without approval of the Ministry of Health and Family Welfare violates Article 21. Held that such practices without scientific backing and approval are violative of the right to health under Article 21 (Paras 18-20). B) Public Health - Disinfection Tunnels - COVID-19 - Advisory dated 18.04.2020 - The Ministry of Health and Family Welfare had issued an advisory against spraying disinfectants on people. Despite this, various bodies installed disinfection tunnels. The court directed strict compliance with the advisory and banned such practices unless approved (Paras 3, 10, 20). C) Environmental Law - Ultraviolet Rays - Human Exposure - Article 21 - The court also examined whether exposure of human beings to artificial ultraviolet rays for disinfection is violative of Article 21. Held that such exposure without regulatory approval is harmful and violates the right to health (Paras 18, 20).
Issue of Consideration
Whether spraying or fumigation of chemical/organic disinfectants on human beings or exposure to ultraviolet rays without approval of relevant ministry violates Article 21 of the Constitution of India.
Final Decision
The court held that spraying or fumigation of chemical or organic disinfectants on human beings or exposure to ultraviolet rays without approval from the Ministry of Health and Family Welfare violates Article 21. The court directed that no person or authority shall spray or fumigate any disinfectant on human beings or expose them to ultraviolet rays without prior approval. The Union of India was directed to issue appropriate directions to all States and Union Territories to ensure compliance with the advisory and this order.
Law Points
- Right to health under Article 21
- Public interest litigation
- Disinfection guidelines
- Ultra vires action
- Precautionary principle
