The Supreme Court on Thursday directed the Centre to consider “within one month” a ban or regulation on disinfection tunnels, spraying, chemical fumigation and use of ultraviolet rays on people ostensibly to prevent the spread of Covid-19.

A bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah asked the Centre to exercise its power under Section 10 of the Disaster Management Act. The court said the government cannot merely issue some guidelines and then say that the responsibility for enforcing them lies with the states and Union Territories.

“There are hosts of regulatory measures of radiation for use of UV rays with regard to food and other articles. We are of the view that for spraying disinfectant on human body, fumigation or use of UV rays against the human body, there has to be regulatory regime when respondent No. 1 (Centre) itself is of the view that such use is not recommended….

“In the event the use of disinfectant on human body is to cause adverse effect on the health of the people, there has to be immediate remedial action and respondent No. 1 cannot stop only by saying that such use is not recommended,” the court said in its judgment.

The court said right to health was a fundamental right and a facet of Article 21 relating to life and liberty of citizens which the State was bound to safeguard.

The bench passed the direction while dealing with a PIL filed by one Gurusimran Singh Narula complaining about alleged indiscriminate use of disinfectant tunnel, public fumigation and the use of ultraviolet rays, etc, all over the country in the name of preventing the spread of virus.

The petitioner had cited articles from various medical journals and World Health Organisation reports expressing serious reservations over such measures and had termed their use as “dangerous” for human beings as they are counterproductive and can lead to number of health complications including severe skin and respiratory problems.
Agreeing with the petitioner’s contention, the apex court noted that on April 18, even the director-general of health services (EMR division), ministry of health and family welfare, had issued an advisory against spraying of disinfectants on people; yet several bodies and organisations started using spraying tunnels to disinfect people.

“Article 21 of the Constitution provides for protection of life and personal liberty. The expression ‘life’ used in Article 21 has wide import and connotation. Article 21 encompasses a bundle of rights which have been recognized from time to time by the legislature of this Country and Courts of this Country including this Court.

“Right to life as recognized under Article 21 is Right to live with dignity. Right to health is also recognized as an important facet of Article 21 of the Constitution,” Justice Bhushan, who authored the judgment, said.

Accordingly, the court issued the following directions:

“The respondent No. 1 may consider and issue necessary directions in exercise of powers vested in it under the Disaster Management Act, 2005, regarding ban/regulation on the usage of disinfection tunnels involving spraying or fumigation of chemical/organic disinfectants for the human beings.”

“…There shall be similar consideration and directions by the respondents as indicated above with regard to exposure of human being to artificial ultraviolet rays. Looking to the health concern of the people in general, the aforesaid exercise be completed by respondent No. 1 within a period of one month.”