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Supreme Court of India 2020-11-05 partly_allowed

GURUSIMRAN SINGH NARULA vs UNION OF INDIA & ANR

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

During the COVID-19 pandemic, various public authorities began spraying chemical disinfectants and using UV exposure tunnels on human bodies despite the Ministry of Health and Family Welfare's advisory recommending against such practices. A public-interest writ petition sought an outright ban on these disinfection tunnels. The Supreme Court held that while the advisory was appropriate, merely issuing a non-binding advisory was insufficient given continued unsafe practices. The Court noted that the right to health is integral to Article 21 (right to life) and that the Disaster Management Act, 2005 obligates the Government to take affirmative action to protect public health. The Court directed the respondent to issue binding directions within one month either banning or regulating disinfection tunnels involving chemical/organic disinfectants or UV exposure on human bodies.

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Constitutional Law - Right to Life Public Health Disaster Management Administrative Law - Duty to Act COVID-19 Pandemic

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