Summary
In a petition challenging posters outside homes of COVID-positive persons and disclosure of their names, the Court noted that the Union’s home-isolation guidelines contained no poster requirement. It observed that States and Union Territories were not then required to affix such posters and could do so only upon a direction from the competent Disaster Management Act authority. In view of that position, the broader constitutional arguments were not adjudicated.
Issues
- Whether the operative Union guidelines required posters outside residences of COVID-positive persons.
- Whether the Court needed to decide the broader privacy and dignity challenge.
Held
- The July 2020 home-isolation guidelines contained no instruction to affix posters or signage, and the Union reiterated that position in its 19 November 2020 letter. No State or Union Territory was required to paste posters at that time; the exercise could be undertaken only upon a direction by the competent authority under the Disaster Management Act. (¶ 11–13)
- The Court did not determine the petitioner’s detailed constitutional submissions on privacy, dignity or discrimination, finding their consideration unnecessary in light of the operative guidelines and the Union’s stated position. The order did not adjudicate a blanket constitutional prohibition on disclosure of patient names. (¶¶ 4, 6, 13)
Result
Writ petition disposed of with the stated observations concerning posters and competent-authority directions.