Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2005 Covid-19 Pandemic PIL ban on spraying of all kinds of disinfectants on human beings Disaster Management Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Disaster Management Act, 2005 (53 of 2005) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Disaster Management Act, 2005 – Novel Coronavirus disease2019 (Covid-19) – Pandemic – A writ petition filed in the publicinterest u/A. 32 of the Constitution of India seeking direction to banon spraying of all kinds of disinfectants on human beings,supposedly for protecting the human beings from Covid-19 – Thepetitioner submitted that although the Ministry of Health & FamilyWelfare, the respondent no. 1 through its advisory dated 18.4.2020had stated that spraying of disinfectant on human being is notrecommended but Union of India has not taken any step tostop use, advertisement and sale of chemical based disinfectiontunnels – Held: When respondent no. 1 has issued advisory thatuse of disinfectant on human body is not recommended and it hasbeen brought into its notice that despite the said advisory, largenumber of organizations, public authorities are using disinfectantson human body, it was necessary for the respondent no. 1 to issuenecessary directions either to prevent such use or regulate such useas per requirement to protect the health of the people – The provisionsof Disaster Management Act, Section 10, 36 and other provisionsare not only provisions of empowerment but also cast a duty ondifferent authorities to act in the best interest of the people to sub-serve the objects of the Act – Therefore, the respondent no. 1 mayconsider and issue necessary directions in exercise of powers vestedin it under the Disaster Management Act, 2005, regarding ban/regulation on the usage of disinfection tunnels involving sprayingor fumigation of chemical/ organic disinfectants for the humanbeings – Further, there shall be similar consideration and directionsby the respondents with regard to exposure of human beings toartificial ultraviolet rays. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 635 |
Petitioner | Gurusimran Singh Narula |
Respondent | Union Of India & Anr. |
SCR | [2020] 12 S.C.R. 351 |
Judgement Date | 2020-11-05 |
Case Number | 560 |
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