IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P.No. of 2020
39th Street, 8th Sector,
Chennai – 78. … PETITIONER
The Chief Secretary
Government of Tamil Nadu
Fort St. George, Chennai-9……. ..RESPONDENT
AFFIDAVIT OF THE PETITIONER
I, K.Narayanan, son of M.S.Kumar, aged about 32, residing at No.16/240, 39th Street, 8th Sector, Ponnambalam salai, K .K. Nagar Chennai – 78, do hereby solemnly affirm and sincerely state as follows:
- I am the petitioner herein and as such I am well acquainted with the facts of the case. I am filing this writ petition as public interest litigation. I do not have any personal interest in the above case. I state that I am filing this writ petition based on my information and my personal knowledge. I am practicing as an Advocate and my monthly income is Rs.50000/- and I am an Income Tax Assessee. My PAN card No is ALXNP3332J and my Adhaar card No is 875566913335. I submit that I have not collected any amount from the public , I undertake that I am ready to pay any cost in future if this Hon’ble court imposed any cost .
- I submit that I am residing in the above said address and being an Advocate by profession, practicing before this Hon’ble High Court and various other subordinate courts for last 9 years. I am filing this present Writ in state of emergency due to outbreak of virus termed as COVID-19 new virus in the family of corona virus. I am filing this present Writ Petition seeking for Writ of Mandamus directing the Respondent to reveal the identity of the COVID-19 affected persons in Government website, which enable others to Quarantine themselves, who have contact or believed to have contact with the COVID-19 affected persons to prevent the speared at large and further direct to monitor all the COVID -19 affected persons for 3 months or longer from all kind of social activities.
- I submit that as per data available in World Health Organization WHO Coronaviruses are a large family of viruses which may cause illness in animals or humans. In humans, several coronaviruses are known to cause respiratory infections ranging from the common cold to more severe diseases such as Middle East Respiratory Syndrome (MERS) and Severe Acute Respiratory Syndrome (SARS). The most recently discovered corona virus causes corona virus disease termed as COVID-19.
- I further submit that the most common symptoms of COVID-19 are fever, tiredness, and dry cough. Some patients may have aches and pains, nasal congestion, runny nose, sore throat or diarrhea. These symptoms are usually mild and begin gradually. Some people become infected but do not develop any symptoms and do not feel unwell. Around 1 out of every 6 people who gets COVID-19 becomes seriously ill and develops difficulty breathing. Older people, and those with underlying medical problems like high blood pressure, heart problems or diabetes, are more likely to develop serious illness. People with fever, cough and difficulty in breathing.
- I submit that People can catch COVID-19 from others who have the virus. The disease can spread from person to person through small droplets from the nose or mouth which are spread when a person with COVID-19 coughs or exhales. These droplets land on objects and surfaces around the person. Other people then catch COVID-19 by touching these objects or surfaces, then touching their eyes, nose or mouth. People can also catch COVID-19 if they breathe in droplets from a person with COVID-19 who coughs out or exhales droplets. The main way the disease spreads is through respiratory droplets expelled by someone who is coughing. The risk of catching COVID-19 from someone with no symptoms at all is very low. However, many people with COVID-19 experience only mild symptoms. This is particularly true at the early stages of the disease. It is therefore possible to catch COVID-19 from someone who has just a mild cough and does not feel ill. People having Low immunity such as older persons and persons with pre-existing medical conditions (such as high blood pressure, heart disease, lung disease, cancer or diabetes) appear to develop serious illness more often than others. Most estimates of the incubation period for COVID-19 range from 1-14 days, most commonly around five days. These estimates will be updated as more data become available.
- I state that the number of global corona virus cases crossed so far more than 10,00,000 as on 03.04.2020, with more than 50,000 deaths worldwide and it becomes pandemic. India alone rose to 3044 cases affected in many states with 84 death cases so far on 03.04.2020 and it is anticipated to increase drastically in upcoming days since there is no vaccine available to cure the COVID-19. In state of Tamil Nadu which consist of more population more than 7 crores people particularly in Chennai alone 2 crores people residing current rate as per 03-04-2020 with 411 affected persons .
- I further submit that due to unsettled COVID-19 the centre Government order to imposed curfew all over India by directing the respective states to invoke section 144 of the Cr.P.C and now country under curfew imposing total lockdown and people remind in home. The union of India has taken drastic steps to control the pandemic disease. However, The identity of the COVID-19 not reveal to the general public in order to protect the privacy of the persons, it is believed that it is affected and harm the person with COVID-19 and his family. On same time At this juncture ,The nature of the disease is highly contiguous and no one know whether they have crossed the infected persons at any point of time without knowing the identity of the person who already suffered it is not possible to put some one really under quarantine. Naming, not shaming the person it is not a disease like HIV to conceal someone identity, the patient privacy restrictions facilitate spread of Coronavirus Pandemic at large since people under chaos about the disease’s nature and symptoms which is identified only at later stage. Before one come to know about the presence of COVID-9, they have crossed several conducts and spread to others of Corona disease since it is highly contiguous. Unlike other diseases, infection with the corona virus carries no inherent social or cultural stigma. Knowing the name, location and mobility network of these cases can make a lot of difference, there is no useful purpose waiting until the number of cases becomes unmanageable. Privacy of the limited person upheld the cost of the public welfare.
- I submit that it is undisputable that disclosure of patients identity is likely cause social harm to the affected persons and his family but public welfare is paramount one compare to individual privacy and it going to play important role in control the pandemic disease. At this juncture it is state duty to act on war footing manner to prevent further spread by disclosing individual identity that enable to other persons who have contact or believed to have contact put themselves under quarantine.
- I state that the ICMR says that there are four stages of COVID-19 transmission.
Stage 1: When the disease is just introduced to a population. In India’s case, that is with imported cases – only those with travel history to affected countries tested positive for the infection.
Stage 2: This is the stage that India is at right now, according to ICMR. This is when there is local transmission of the disease – some of those in contact with persons with travel history in turn get infected.
Stage 3: In this stage, there is community transmission i.e. even those who have had no known contact with an affected person, and haven’t travelled to an affected country start contracting the coronavirus disease. According to the Centre for Disease Control and Prevention (CDC), community spread is when “people have been infected with the virus in an area, including some who are not sure how or where they became infected.” This stage makes it difficult to break the chain of transmission, thereby making the disease harder to contain.
Stage 4: The fourth stage is when there is a widespread outbreak, leading it to become an epidemic within the population and difficult to contain.
Now country facing the 2nd Stage with local transmission in COVID-19, There is no scientific evidence or report to prove that the country not enter into the stage 3 of the disease. It is highly risk to evaluate each and every individual since it is contiguous and health workers who risked their life and fight for control the disease also concern. It is duty bound by the state to prevent people of the state from the disease which is highly transmitted and contiguous one. It is duty of the state to protect the large public welfare by disclosing identity of few people. Otherwise, people who having the disease widely spread by any way. It is pertinent to note that the state of tamil nadu come out with clear picture on this issue by disclosing the identity of the persons affected by COVID-19 to protect from large community transmission. If the identity published in the Government website that ensure people knowing about the particular area or mobility of the person and they also come to know whether they have contact with them at any point of time.
10.. I state that it is come to know that the China’s move is hard to overstate on his own missteps especially its efforts at first to cover up the severity and spread of the outbreak—that helped create the very crisis now afflicting much of the world. Conceal the identity of the person would result in mass spreading. The people still do not know about the grave nature of the disease and everybody under hope and impression that the they not carrying the COVID-19 virus. The state of Tamil Nadu publish statement that not rely if test shows negative and it is chance of person carrying the disease and advised to go quarantine for 28 days , it conspicuously shows the lab test report of COVID-19 is not reliable one. Some media report says that the “Scientific studies have proven that apart from nasal and respiratory secretions, the COVID-19 virus is actively shed in the stools of infected patients. This shedding may continue to occur for as long as five weeks after the patient recovers from the respiratory symptoms”. Therefore, avoidance of close contact and social distancing warranted particularly with the affected person. The state should ensure the affected persons should monitor at least 3 months from the recovery and keep distance themselves from all kind of public gatherings or associating with public in view any further spreading.
- I state that I have no other alternative remedy except to invoke the jurisdiction of this Hon’ ble Court under Article 226 of the Constitution of India for an issuance of a writ. I state that I have not filed any other writ petition for the same relief. I state that I have not filed any other PIL writ petition for the same relief filed anywhere. I am giving an undertaking that I would pay the cost, if any, if it is found to be intended for personal gain or oblique motive. I have filed the above writ petition out of my own funds.
In such circumstances, it is prayed that this Hon’ble Court may be pleased to issue a writ of Mandamus or order or direction in the nature of a writ directing the Respondent to reveal the identity of the COVID-19 affected persons in Government website, which enable others to Quarantine themselves, who have contact or believed to have contact with the COVID-19 affected persons to prevent the speared at large and further direct to monitor all the COVID -19 affected persons for 3 months or longer from all kind of social activities. and pass such further or other orders and thus render justice.
Solemnly affirmed at Chennai,
this the day of 4th April of 2020
and signed his name
in my presence. ADVOCATE: CHENNAI