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Supreme Court of India 2020-12-09 disposed

KUSH KALRA vs UNION OF INDIA AND ORS

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

In Brief

The Supreme Court examined a public interest litigation challenging the practice of affixing posters outside residences of COVID-19 positive individuals under home isolation. The petitioner alleged violation of fundamental rights to privacy and dignity. The Court found that the Government of India's Ministry of Health and Family Welfare guidelines under the Disaster Management Act, 2005 contain no requirement for posting such notices. A departmental letter clarified that neither the Central Government nor States/Union Territories are mandated to affix such posters. The Court disposed of the petition observing that no State/UT is required to post posters, and such practice can only be undertaken pursuant to explicit directions from competent authorities.

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Constitutional Law Fundamental Rights Right to Privacy Disaster Management COVID-19 Public Health Human Dignity Public Interest Litigation

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