A Public Interest Litigation has been filed in the Supreme Court seeking to pass directions to the Union Government to review the testing criteria adopted for COVID-19.
Brief Facts
A PIL has been filed by Prakhar Dixit and Siddharth Kumar Singh requesting the Supreme Court to pass directions to the Union Government to review the criteria adopted for testing COVID-19 to include all asymptomatic persons in areas affected with the outbreak. The petitioners request that the incorporation of pooling method of both the asymptomatic and symptomatic will gradually increase the tested population so it will efficiently identify the areas the virus spread to. Adoption of this pool testing strategy from Germany will work efficiently for a country like India where “India’s per million testing statistics is one of the worst among all infected nations and the testing among asymptomatic patients is non-existent”[i]. The petitioners also suggest for the use of Mobile Testing Facilities, which can provide a “door step sample collection”[ii] as the whole nation is in lockdown, it would be easier for the sample collection staff to collect samples, and there would not be any worries of any infected person stepping outside of their homes as they are already staying in quarantine. This would in turn keep the infected person in contact with others, and would also reduce burden on hospitals. The petitioners has taken reference of Article 142 of the Indian Constitution, which presumably discusses about Right to Safety, and Right to Healthy Standard of Living which is in relation with the basic structure of Article 21 of the Indian Constitution the petitioners has made a statement about the relationship between these two Articles of the Indian Constitution by saying “Article 21, which includes a right to life and is woven in the enforceable and justiciable Fundamental Rights of the Constitution. Although the Supreme Court has explicitly stated in various cases that the right to life should be interpreted as a right to “live with human dignity” including the ‘Right to Health. This Hon’ble Court in the matter of State of Punjab & Ors. v. Mohinder Singh Chawla., (1997) 2 SCC 83 has held that ‘Right to Health’ is integral to right to life. Government has constitutional obligation to provide the health facilities”[iii].
Key Features
1. A PIL has been filed by Prakhar Dixit and Siddharth Kumar Singh requesting the Supreme Court to pass directions to the Union Government to review the criteria adopted for testing COVID-19.
2. The petition seeks to include all asymptomatic persons in areas affected with the outbreak.
3. The petitioners also suggest for the use of Mobile Testing Facilities, which can provide a “door step sample collection”[iv].
4. Adoption of this pool testing strategy from Germany will work efficiently for a country like India.
5. The petitioner has taken reference of Article 142 of the Indian Constitution, which presumably discusses about Right to Safety, and Right to Healthy Standard of Living.
Conclusion
Using different methods of testing which can relieve burden from the Hospitals, and pooling the testing samples will help in identifying the hotspots for the virus. Also introduction of Mobile Testing Facilities will help provide door step sample collection, which would in turn help by not spreading the virus to public areas, as the people who are being tested are already quarantined.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
End Notes
[i] Sanya Talwar, ‘Test Asymptomatic Persons’: New Plea In SC Seeks Review Of Government’s COVID Testing Strategy Live Law (2020), https://www.livelaw.in/top-stories/test-asymptomatic-persons-new-plea-in-sc-seeks-review-of-governments-covid-testing-strategy-155337 (last visited Apr 17, 2020).
[ii] Sanya Talwar, ‘Test Asymptomatic Persons’: New Plea In SC Seeks Review Of Government’s COVID Testing Strategy Live Law (2020), https://www.livelaw.in/top-stories/test-asymptomatic-persons-new-plea-in-sc-seeks-review-of-governments-covid-testing-strategy-155337 (last visited Apr 17, 2020).
[iii] Sanya Talwar, ‘Test Asymptomatic Persons’: New Plea In SC Seeks Review Of Government’s COVID Testing Strategy Live Law (2020), https://www.livelaw.in/top-stories/test-asymptomatic-persons-new-plea-in-sc-seeks-review-of-governments-covid-testing-strategy-155337 (last visited Apr 17, 2020).
[iv] Sanya Talwar, ‘Test Asymptomatic Persons’: New Plea In SC Seeks Review Of Government’s COVID Testing Strategy Live Law (2020), https://www.livelaw.in/top-stories/test-asymptomatic-persons-new-plea-in-sc-seeks-review-of-governments-covid-testing-strategy-155337 (last visited Apr 17, 2020).
