Pasting Posters Outside COVID-19 Patients' Homes Leads Them To Be Treated As 'Untouchables': Supreme Court

The Supreme Court on Tuesday observed that the practice of conspicuously affixing posters outside the residence of COVID19 positive patients creates stigma and often leads to a situation where patients may be treated as so called "untouchables".

A bench of Justices Ashok Bhushan, BR Gavai & MR Shah made the observations while hearing a plea which has challenged the decision of various states Governments to affix posters outside the homes of COVID19 patients who are in isolation.

Solicitor General Tushar Mehta submitted before the Court that Centre has filed its affidavit in the case on November 30 averring that such posters are meant to ensure that nobody inadvertently enters the house of a Covid positive patient.

"If a poster humiliates or stigmatises a person then it should be avoided. But if it warns a person from inadvertent entry then it is upto the State government," Mehta said.

"The hard reality is that many such patients are treated like untouchable," Justice MR Shah also remarked.

The PIL has challenged the affixing of posters outside the homes of COVID-19 patients as a mark of identification, as well as divulging names of such patients to housing societies' management and Resident Welfare Associations, saying such disclosure of the identity of patients is in gross violation of their fundamental right to privacy.

The plea has further sought directions to ensure such disclosure of names does not take place and has prayed for quashing of the executive orders of the States and Union Territories that allow affixing of posters outside homes of the COVID-19 patients.

It is stated that Constitution does not and can never permit discrimination on the ground of illness and physical suffering, adding that circulation of names of such persons publicly and subjecting them to the scrutiny of the public goes against the ethos of living with dignity.

"Affixing posters outside their homes lead to their illness is being widely publicised amongst other residents of a colony or apartment complex as well as household staff of neighbours, vendors, passers-by and other unrelated persons," the plea has averred.

Today, the court asked the petitioner to respond to the Centre's affidavit and has now posted the matter for further hearing on December 3.