PIL in SC seeks house-to-house mass testing to contain COVID-19

Public interest litigation in the apex court seeks mass house-to-house testing to contain COVID-19 spread, especially in virus hotspots. The petitioners have also prayed for directions to the government to transfer the funds of PMNRF, PM-Cares and CM Relief to procure medical equipment.

New Delhi: A PIL has been moved in the Supreme Court seeking directions to the central government to start house-to-house testing for COVID-19, starting from states and cities which are most exposed and affected by the novel coronavirus including the sealed hotspots.

The petitioners have also prayed for directions to the government to transfer the funds of PMNRF, PM-Cares and CM Relief to the National Disaster Response Fund (NDRF) which can be utilised for procuring testing kits, PPEs, quarantine centres etc.

Citing the grounds for petition, the petitioners, advocate Shahwat Anand, Ankur Azad and Faiz Ahmad, contended that "the measure of social distancing and lockdown to avoid mass transmission and selective tests of suspected COVID-19 patients, without conducting mass tests, is like fighting a fire blindfolded".

Further, they contended that the lack of adequate tests put the lives of 1.38 billion people at peril and violates their Right to life and Personal liberty and Right to Health under Article 21 of the Constitution.

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Suggesting house-to-house testing, the petitioners said that it would help in tracing, identifying, isolating and treating those infected, which would eventually lead to breaking the chain of the disease.

Explaining their prayer of transferring funds to NDRF, they contended that the governments had no jurisdiction to create public trusts for collecting funds for the same purpose for which NDRF and SDRF, also constituted by the governments, already exists.

"The dictates of justice demand that to cope with the calamities and disaster situations as contemplated under the 2005 Act, there must be a centralised fund at the beck and call of the public authorities, as envisaged under the 2005 and the spread and the scattering of funds under various public trusts is against the nature and spirit of the 2005 Act," read the PIL.