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2020 DIGILAW 727 (MAD)

K. Narayanan v. Chief Secretary, The Government of Tamil Nadu Secretariat, Chennai

2020-04-21

M.NIRMAL KUMAR, M.SATHYANARAYANAN

body2020
JUDGMENT (Prayer: Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the Respondent to reveal the identity of the COVID-19 affected persons in Government website, which enable others to Quarantine themselves, who have contact or believed to have contact with the COVID-19 affected persons to prevent the speared at large and further direct to monitor all the COVID -19 affected persons for 3 months or longer from all kind of social activities.) 1. This Writ Petition, styled as a Public Interest Litigation, is filed by the resident of Ponnambalam Salai, K.K.Nagar, Chennai-78 and according to the petitioner, the COVID-19 infection is the worst form of contiguous infectionand drawn the attention of this Court to Paragraph Nos.7 and 8 of the affidavit filed in support of the Writ Petition and made a submission that on account of the concealment of identity of persons, who developed infection, on account ofCOVID-19, there may be a possibility the said person may pass on the infection, to other persons and if they lack immune, it would definitely spread and there is every likelihood that they would spread the virus, to other persons. Therefore the petitioner prays for appropriate direction, directing the Government to publish the name of the persons, who are infected withCOVID-19 in the website so that it may act as a warning for caution to the persons to keep away from him/them and hence prays for appropriate direction. 2. This Court has considered the rival submissions and perused thematerials placed. 3. The Ministry of Health and Family Welfare, Government of India, hadissued a detailed instructions, as to COVID-19 virus, the table of contents arenumbering 92 in number. It is relevant to extract the source No.1, which speaksabout the Social Stigma Associated with COVID-19:- “Social Stigma Associated with COVID-19 Public health emergencies during outbreak ofcommunicable diseases may cause fear and anxiety leading toprejudices against people and communities, social isolationand stigma. Such behavior may culminate into increasedhostility, chaos and unnecessary social disruptions. Cases have been reported of people affected withCOVID-19 as well as healthcare workers, sanitary workersand police, who are in the frontline for management of theoutbreak, facing discrimination on account of heightened fearand misinformation about infection. Such behavior may culminate into increasedhostility, chaos and unnecessary social disruptions. Cases have been reported of people affected withCOVID-19 as well as healthcare workers, sanitary workersand police, who are in the frontline for management of theoutbreak, facing discrimination on account of heightened fearand misinformation about infection. There is an urgent need to counter such prejudices andto rise as a community that is empowered with health literacyand responds appropriately in the face of this adversity.Accordingly, all responsible citizens are advised tounderstand and follow the guidelines.” 4. This Court can take judicial notice of the fact on account of therevealing of the identity of the person/persons, there would be definitely asocial stigma and aspersions on account of the same and yesterday when abody of a Doctor, who died on account of COVID-19 complication, sought tobe buried there was a law and order and public order problem, which resultedin attacking of ambulance driver, paramedical personnels as well as publicservants and the mortal remains of the dead persons were compelled to beburied somewhere else. The people are slowly becoming aware of the effect ofCOVID-19 virus and if the prayer sought for by the petitioner is granted, itwould further lead to law and order and public order problem, apart from thesocial stigma, some times may lead to excommunication also. 5. In the considered opinion of the Court, the Writ Petition, styled asPublic Interest Litigation lacks merit and substances and deserves dismissaland accordingly, dismissed.