Summary
Addressing COVID-era disinfection tunnels and artificial ultraviolet exposure of human beings, the Court held that the Union’s statutory responsibilities extended beyond issuing non-recommendatory advisories when such practices continued. It directed consideration and issuance of necessary ban or regulatory directions under the Disaster Management Act within one month. The Court did not itself impose the blanket ban sought in the petition.
Issues
- Whether the Union’s duties required further action concerning chemical or organic human-disinfection practices and artificial ultraviolet exposure.
Provisions considered
- Article 21, Constitution of IndiaRecognized the right to health as an integral facet of life with dignity in assessing the need for protective action. (¶¶ 18, 19, 20, 35, 41)
- Section 10(2)(i) and (l), Disaster Management Act, 2005Applied the relevant disaster-response powers delegated to the Health Secretary by the 11 March 2020 order. (¶¶ 21, 22, 23, 30, 32)
- Section 36, Disaster Management Act, 2005Held that central ministries have affirmative disaster-management responsibilities beyond advice and financial assistance. (¶¶ 31, 32, 33, 34, 35)
Held
- Article 21 encompasses the right to health. In the pandemic setting, the Act conferred both powers and duties to respond effectively; the Health Secretary held the delegated powers to direct preparedness and response measures. (¶¶ 19, 20, 21, 22, 23, 30, 31, 32)
- The Union could not treat its role as exhausted by advisories and financial support while public bodies and organizations continued practices its own advisory did not recommend. The record required further action to remove uncertainty and prevent or regulate use so as to protect health. (¶¶ 24, 27, 28, 29, 32, 33, 34, 35, 41)
- A statutory power conferred for public benefit carries a duty to exercise it when the relevant circumstances demand. The authorities’ broad responsibilities under the Act called for a regulatory response rather than mere repetition that the disputed practices were not recommended. (¶¶ 32, 36, 37, 38, 39, 40, 41)
- The Union was directed to consider and issue necessary ban or regulatory directions regarding tunnels spraying or fumigating chemical or organic disinfectants on human beings, with similar consideration and directions concerning artificial ultraviolet exposure. The exercise was to be completed within one month. (¶ 42)
Result
Writ petition disposed of with directions for the Union’s consideration and necessary ban or regulation within one month. No blanket judicial ban or approval of a particular product was ordered.