The Apex Court has directed the Central Government to take necessary steps regarding regulation/ ban on usage of disinfection tunnels and exposure of human beings to ultraviolet rays.
A 3-judge bench of the Supreme Court stated that if adverse health effects are caused to human beings due to use of disinfectants, the Centre should have a proper redressal system and they cannot just say that the use of disinfectants is not recommended.
Government should regulate fumigation, use of UV rays or spraying of disinfectants on humans.
These directions were passed while the Supreme Court was disposing of a petition filed by Gursimran Singh Narula against the use of disinfectants and fumigation by public authorities and other organisations.
The petitioner had sought a blanket ban on the use of chemical disinfectants on humans.
It was contended before the Court that the concept of ‘human disinfection was misconceived and flawed and was violative of Right to Health as mentioned under Article 21 of Constitution.
In reply, the Centre submitted that they had issued an advisory stating that the use of disinfectants on humans was not recommended.
Observation of the Court:-
The Court observed that there has to be a regulatory regime to regulate the use of disinfectants/UV rays on humans.
It was also observed that the Centre has vast powers and responsibilities which they should have used to remedy the situation.
Hon’ble Court directed the Centre to have a remedial action in case someone’s health is adversely affected due to the use of disinfectants/UV rays.
It was also observed that as per the provisions of the Disaster Management Act, the Centre has other duties and responsibilities apart from providing financial support or issuance of guidelines.
Directions issued by the Court:-
- The Centre government should consider necessary directions in exercise of powers vested in it as per the Disaster Management Act in regards to regulation/ban on the use of UV rays, fumigation and use of disinfectants on humans.
- The respondent( Centre Government) should take the necessary steps within one month