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The three-Judge bench comprising of Justice Ashok Bhushan, Justice R. Subhash Reddy, and Justice MR Shah on 10th August issued the notice to the Union of India on a petition filed by a law student, Gursimran Singh Narula. He said that spraying of disinfectant on human beings that affect health was a violation of Article 21. So he requested a ban on the usage, installment, production, advertisement of disinfection tunnels which involved spraying or fumigation of chemical disinfectants for disinfecting human beings.
Responding to the same, an affidavit was filed by the Ministry of Health and Family Welfare asserting that they have never issued any advisories or guidelines which was regarding any kind of usage of disinfection tunnels involving disinfectant chemicals to sanitize the entrance to the public places in the Supreme Court.
The Ministry had drawn attention to four guidelines or Standard Operating Procedures (SOP) which were issued by them which were relating the measure for disinfection and prevention of COVID 19 to be taken in external places. An expert committee of the Ministry of Health and Family Welfare said that it does not recommend spraying individuals with disinfectants.
On 8th April 2020, they conducted a meeting with their technical advisory, the Joint Monitoring Group( JMG) after taking cognizance of media reports which showed that members of the public were exposed to chemicals in walk tunnels and were being sprayed with the chemicals.
The Ministry of Health and Family Welfare on 18th April issued an advisory on the recommendations made and said that spraying can be physically and psychologically harmful. These chemicals were harmful to the skin and mucous membranes. They also said that such disinfectant will not kill the virus which has already entered the body.
The Ministry of Health and Family Welfare said that they had never issued any guidelines for use of ultraviolet lights on humans. The Court held that the affidavit was true and no material facts have been concealed or suppressed therein.
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