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The Bombay High Court Tuesday said there is always a “risk of ostracisation” if the names of Covid-19 patients are revealed. The observation came on public interest litigation (PIL) seeking special mechanisms to declare the names of Covid-19 patients, both suspected and infected.
A Division Bench of Chief Justice Dipankar Datta and Justice Sarang V Kotwal heard through videoconference a PIL filed by a law student Vaishnavi Gholave and Solapur-based agriculturist Mahesh Gadekar that stated that the disclosure of Covid-19 patients names was necessary for the larger public interest as a patient may not be able to provide complete information of those who had come in contact with them.
The petitioner further submitted that non-disclosure of names would deprive citizens of their right to health under Article 21 of the Constitution.
The HC had earlier enquired why the petitioner wanted to know the names of persons and how far one could go in revealing the identity of Covid-19 positive persons since the issue of privacy was involved.
“If a person takes all precautions like washing hands, using sanitizer, head shields and avoiding crowds then nothing will happen. Everything depends on you. Whether the person in front of you is declared a Covid-19 suspect or infected. Try to avoid congregation. Wear masks, head shields & wash your hands. What is the purpose to be served by disclosing names? There is always a risk of ostracization,” said Chief Justice Datta.
Additional Solicitor General Anil Singh for Centre and Assistant Government Pleader Nisha Mehra for state government opposed the plea and said similar petitions were dismissed by at least four other high courts. They also said the Madhya Pradesh High Court had even imposed costs upon the petitioner for filing a “frivolous” petition.
The HC asked petitioners to respond to the governments’ positions and posted further hearing next week.
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