Synopsis: The judgement on a petition seeking guidance from the Centre to immediately prohibit the installation, manufacture and advertising of disinfection tunnels involving the spraying or fumigation of chemical disinfectants on humans was passed by the bench.
On Thursday, the Supreme Court asked the Centre to issue guidelines for the prohibition of the use of disinfectants and ultraviolet rays on humans for the management of COVID-19. A bench headed by Justice Ashok Bhushan asked the government to do the needful in this respect, within a month.
The judgement on a petition seeking guidance from the Centre to immediately prohibit the installation, manufacture and advertising of disinfection tunnels involving the spraying or fumigation of chemical disinfectants on humans was passed by the bench.
On September 7, the Apex court asked the Centre why, despite taking the view that the spraying of chemical disinfectants is physically and psychologically dangerous, has not been banned and even the use of tunnels for disinfecting people is to be prohibited.
Solicitor General Tushar Mehta had previously told the court that no advice or guidelines on the use of ultraviolet rays for human disinfection for the management of COVID-19, had been provided by the Ministry of Health. Mehta said that it is also physically and mentally dangerous for humans to spray some chemical disinfectant.
Gursimran Singh Narula, who filed a PIL before the Apex Court, also immediately sought a ban on spraying or disinfecting organic disinfectants and exposing humans to ultraviolet rays for the purpose of disinfecting them.
In its affidavit, the Centre claimed that, since public health and hospitals are subject to the State, it is for the States/Union Territories to enforce the guidelines provided by the Ministry of Health, and that the Government of India’s position is limited to providing the required guidance and financial support. It stated that under the chairmanship of the Director General of the Health Service, an expert committee meeting was held on June 9 to review the use of disinfectant tunnels, different chemicals and spraying disinfectants, along with the effectiveness of such spraying/fogging use.
The Centre said that the committee reiterated that it is not recommended to spray people with disinfectants (such as tunnels, cabinets, cambers) as it will not minimise the ability of the infected person to transmit the virus through droplets or contact.