KARTAVAYAM

NAME: Nishi
INSTITUTE NAME: Maharaja Sayajirao University, Baroda
YEAR: 2022
EMAIL ID: nishi06012000@gmail.com
TYPE OF SUBMISSION: NEWS UPDATE

DECLARATION OF ORIGINALITY:
Declaration of originality -This is to certify that to the best of my knowledge the
content of this article is written done by me. This thesis has not been submitted
for any degree or other purposes.
 NEWS UPDATE - IN QUARANTINE? KNOW YOUR LEGAL RIGHTS
Quarantine is considered the oldest mechanism to reduce the rapid spread of bacterial
infections and viral onslaughts. It has been legally sanctioned by all jurisdictions in the world
for the maintenance of public health and to control the transmission of diseases. Since ancient
times, societies have practised isolation, and imposed a ban on travel or transport and resorted
to maritime quarantine of persons.

QUARANTINE
MEANING: In general sense, Quarantine is a restriction on the movement of people which is
intended to prevent the spread of infectious disease.
Quarantine means the restriction of activities and/or separation of suspect persons from others
who are not ill or of suspect baggage, aircraft, cargo, etc in such a manner as to prevent the
possible spread of infections or contaminations.

INDIVIDUAL’S RIGHT DURING QUARANTINE

It is true that if someone is quarantined, he does not necessarily have a right to be released
from it but he has some basic rights safe with him. Everyone has a constitutional right to live
with dignity and without stigmatization.

Article 14 and 21 of the Indian Constitution say:

14. Equality before law:
The state shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India.
21. Protection of life and personal liberty:
No person shall be deprived of his life or personal liberty except according to procedure
established by law.
the basic spirit of our Constitution is to provide each person equal opportunity to grow as a
human being, irrespective of race, caste, religion, community and social status.
This means that an individual has the following rights during Quarantine:
 Right to get proper food and basic amenities
 Right to get proper medical and health check-up facilities during quarantine.
 Right to be tested for the virus at the time of quarantine as per protocol.
 Right to be quarantined in a hygienic state.
 Right not be stigmatized.
 Right to get a proper place to live with all facilities required with a one-to-one toilet
facility.
  Right to be isolated in a single room if any individual is infected or at risk of infecting
others.
 Right to age-specific cohort quarantine if multiple individuals are quarantined
together.

Hon'ble Supreme Court of India in People’s Union for Democratic Rights vs. Union of
India, held that the State was under a constitutional obligation to see that there was no
violation of the fundamental right of any person, particularly when he belongs to the weaker
section of the community and is unable to wage a legal battle against a strong and powerful
opponent who is exploiting him.

The right guaranteed to any individual is not absolute; these are subjected to some reasonable
restrictions. The individual’s rights are subjected to public health and safety.
The Supreme Court in Chintaman Rao vs. State of Madhya Pradesh held, that the phrase
reasonable restriction connotes that the limitation imposed upon a person in enjoyment of a
right should not be arbitrary or of an excessive nature beyond what is required in the interest
of the public.

CONCLUSION
The government can quarantine any individual in the interest of public health and safety.
Thus, the imposition of certain restrictions on an individual’s right in quarantine for public
health and safety will not amount to violation of an individual’s legal or constitutional right.