Orissa HC Dismisses Plea For CCTV Coverage Of Treatment Given To Covid-19 Patients Due To Effect On Right To Privacy Of Patients

Background

• Recently, a Public Interest Litigation was filed by the Bharatiya Bikash Parisada in the High Court of Orissa.
• The PIL sought permission for the installation of CCTV cameras and display boards in all the Covid-19 Hospitals and Centers to make the treatment of Covid patients more transparent and accountable to the public.

Court’s Observation

• Orissa High Court Division Bench of Hon’ble Chief Justice Dr. S. Murlidhar and Justice K. R. Mohapatra after hearing the PIL were of the opinion that there was no effort made to understand the Constitutional Right to Privacy as laid down in the judgment of the Hon’ble Supreme Court in Justice K. S. Puttaswamy vs. Union of India and that it was a ‘lazy PIL’. The Court observed that the Petitioners did not take into account the implications it may have on the right to privacy of the covid-19 patients.
• The Hon’ble Bench also observed that the petition appeared to be filed based only on the press clippings with no homework done to gather necessary facts that can form the foundation of such a prayer.
• The Court also made it clear that organizations coming forward with such PILs must take the responsibility of gathering facts in an unbiased and objective way and place them before the court with a ‘full understanding of legal and factual dimensions’ of the problem.
• The Court remarked that such an incomplete and ‘lazy’ PIL will cause more harm than good for the issue and constituency concerned.
• The Petition was accordingly dismissed.

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