New Delhi: Taking note of the Centre’s guidelines, the Supreme Court on Wednesday said that posters and signage should not be affixed by authorities outside the homes of COVID-19 patients in the country.
The apex court, however, added that such posters can be affixed only in specific cases when the competent authority issues specific directions under the Disaster Management Act.
A bench headed by Justice Ashok Bhushan said this in its verdict on a plea seeking directions to do away with the practice of pasting posters outside the homes of those infected by the coronavirus.
The bench, which also comprised Justices R. S. Reddy and M. R. Shah, disposed of the plea, and said that the Centre has already issued relevant guidelines. Therefore, states and union territories should follow those guidelines and not affix such posters.
The Centre had earlier told the top court that its guidelines do not contain any instructions regarding affixing posters and signage outside the homes of COVID-19 patients. There cannot be any stigma attached to the disease, it further said.
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The bench had reserved its judgement on the plea on December 3.
On December 3, solicitor general Tushar Mehta had referred to the affidavit filed in the apex court by the Ministry of Health and Family Welfare (MoHFW) and told the bench that the guidelines do not require any such affixation of posters.
The counsel appearing for petitioner Kush Kalra had told the apex court that there were no instructions in the guidelines to affix posters outside the homes of those found COVID positive, but the reality was very different.
While hearing the matter on December 1, the top court had observed that once posters or signage are pasted outside the homes of COVID patients, the people affected are treated as “untouchables”, reflecting a different “ground reality”.
In its affidavit, the ministry had said that its guidelines do not contain any instructions or guidance regarding affixing of posters or other signage outside the residences of those found COVID positive.
Mehta had told the bench that the Centre has not prescribed this practice and some states might be pursuing it on their own to prevent the spread of the virus.
The apex court had earlier asked the Centre to consider issuing guidelines to do away with the practice of pasting posters outside the homes of COVID-19 patients.
It had directed so without issuing any formal notice to the Centre on Kalra’s plea, which sought the framing of guidelines in this regard.
In its affidavit, the ministry has said that all states have been intimated about the fact that the MoHFW has not issued any such guideline to identify COVID-19 patients.
Through the MoHFW, the Central government has already communicated this to the additional chief secretaries and secretaries (health) of all the states and UTs, emphasising that the MoHFW guidelines do not contain any instructions or guidance regarding the affixing of posters or other signage outside the residences of those found COVID-19 positive, the affidavit said.
On November 3, the Delhi government had told the high court that it has instructed all its officials to not paste posters outside the homes of COVID-19 positive persons or those in home isolation; and the ones pasted have been ordered to be removed.
In his plea before the high court, Kalra had contended that the names of persons who tested positive for COVID-19 were being freely circulated to the Resident Welfare Associations and on WhatsApp groups and this was “leading to stigmatisation and drawing of unnecessary attention”.