Privacy has been declared as a fundamental right by the Supreme Court and many would hardly differ that it needs to be adhered to in letter and the spirit, even during times of a pandemic.
There are reports that the name and address of some persons who tested positive for coronovirus or are in quarantine in Jammu and Kashmir were circulated on social media, making them vulnerable to discrimination.
It must be borne in mind that in 1897 Indian nationalist, teacher, and an independence activist Bal Gangadhar Tilak was punished by the Bombay High Court for sedition under Section 124A of the Indian Penal Code to report on the plague– the first such conviction in colonial India – against the backdrop of a serious plague epidemic in India, one which would eventually reach pandemic proportions. It was held to be a deterrent against those who would encourage people to thwart the government’s efforts at curbing the plague.
On the other hand, china and other countries at the contemporary juncture forced its citizens to report their health conditions in a bid to contain the scourge. There is no denial that being informed is being prepared. The reports which mention that this infected person belongs to a particular area is fine as it allows the people from entire locality to be guarded but specifically mentioning the name and address of the patient should never be encouraged.
On March 15, the J&K Government rightly placed under suspension medical superintendent of Associated Hospital Rajouri for disclosing name of person who was recognized at that point time as a potential coronavirus (Covid-19) patient in the district.
As per protocol, if any suspect case comes under tracking, it is imperative for the Health Department to keep the same person firstly either in Home Quarantine or in quarantine ward established in Hospitals, till incubation period and samples are to be sent at designated laboratories for further diagnosis.
Due to the disclosure of privacy of the suspected case, panic was spread among his relatives and friends who met him, after his arrival. There are reports that families of the people who are infected face discrimination.
Indian Medical Council (Professional Conduct, etiquettes & Ethics) Regulations, 2002 stresses that confidence concerning Individual or domestic life, entrusted by patient to a physician and defects in the disposition or character of the patients observed during medical attendance should never be revealed unless their revelation is required by the Laws of the State or Union Territory.
Under Rule 7.14 of the Regulations 2002, it is imperative that the registered Medical practitioner shall not disclose the secret of patient, that have been learnt in the exercise of his/her profession except 1 in a court of Law under order of presiding Judge or in circumstances where there is serious identified risk to a specific person or commodity and in notifiable disease. A care must be taken by one and all including government functionaries and people in general to maintain the privacy of the patients or suspected case.
