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The Bombay High Court sought for the response of the Central and State governments in a Public Interest Litigation (PIL) looking for a unique system to proclaim the names of the two people suspected of having COVID-19 and those infected by the virus to keep others from interacting with them (Vaishnavi Maruti Gholave and Anr v. UOI and ors).
Notice was given by a Division Bench including Justices AA Sayed and MS Karnik in a plea filed by a law student, Vaishnavi Gholave, and agriculturist from Solapur, Mahesh Gadekar.
Currently, the identity of suspected people who are home-quarantined or hospitalized is not revealed, the plea notes.
Notwithstanding, it is stated that the revelation of names of the infected as well as of those suspected is essential in the greater public interest since the infected will most likely be unable to give total data of the individuals who had interacted with them. Non-revelation of names shall deny residents the right to health under Article 21 of the Constitution, the plea states.
Further alluding to the Indian Medical Council (Professional Conduct Etiquette and Ethics) Regulations, 2000 (ICMR Regulations), the plea contends that the privileged insights of the patient can be revealed in the public interest. In such a manner, the PIL likewise depends upon the Supreme Court judgment in Mr. X v. Hospital Z.
Further, the PIL includes that medical confidentiality isn't absolute in modern medicine.
The Petitioners have presented that they had given a detailed representation before the State Government mentioning to announce the names of the COVID-19 infected people, in any case, the State Government has not made any move to date.
The plea also takes note that India has yet not arrived at the third phase of the pandemic where the disease is untraceable, as indicated by state information. Be that as it may, it can do so if the administration refuses to announce the names of Corona patients, the petitioners contend.
Revealing the names and photographs of patients can help trace and prepare other people who may have come in contact, to isolate themselves, the PIL states.
On these grounds, the plea encourages that the authorities to be coordinated to develop a framework or management to proclaim the names of such people who are suspected or infected with COVID-19.
The issue will be next heard on July 24.
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