Update on Anivar A Aravind v. Ministry of Home Affairs, GM PIL WP (C) 7483 of 2020 : Karnataka High Court orders that in the absence of a law State cannot deny services or benefits to citizens who do not have Aarogya Setu

SFLC.in’s advisory board member Mr. Anivar A Arvind has filed a petition in the Karnataka High Court challenging the voluntary-mandatory imposition of Aarogya Setu and invasion of privacy rights in the absence of a specific legislation governing data collection and processing by it. He is represented by Senior Advocate Colin Gonsalves, counsels from SFLC.in, Advocate Clifton D’ Rozario, Advocate Avani Choksi and Advocate Ali Zia Kabir in the matter. 

So far, the Government of India through Ministry of Railways, Airports Authority of India and Ministry of Civil Aviation has stated on record that Aarogya Setu is not mandatory to avail rail or air services. The Airports Authority of India also had to revise their state-wise quarantine guidelines which had initially made Aarogya Setu mandatory. Similarly, Bangalore Metro Rail Corporation Limited (BMRCL) withdrew its initial statement that Aarogya Setu was mandatory for metro commuters. The Ministry of Housing and Urban Affairs also amended their draft Standard Operating Procedure (SoP) which had made Aarogya Setu mandatory for metro commuters. The now notified SoP by Ministry of Housing and Urban Affairs states that installation of Aarogya Setu is advisable in nature. 

In the last hearing on October 5th, the Respondents i.e. Union of India had sought more time to file objections. The Court had granted them additional 10 days to file their objections and the matter was listed for hearing today i.e. 19.10.2020. 

Proceedings on 19.10.2020

The Counsel for Union of India, today, again sought for another extension to file their statement of objections. Senior Advocate Colin Gonsalves informed the Court that the matter was listed for interim relief and pressed for interim relief prayers number II and III. 

Interim prayer number II reads as “directing the respondents not to deny any service to a citizen for not installing the Aarogya Setu application, pending disposal of this writ petition”. 

Interim prayer number III reads as “for an order restraining the respondents during the pendency of this petition from proceeding with the Aarogya Setu App and with the data collected, in any manner, whether the collection of data from members of the public is stated to be voluntary or involuntary”. 

He also informed the Court that the Department of Personnel and Training has still made Aarogya Setu mandatory for its employees, and that this is the second extension sought by the counsels for Union of India. To this, the Counsel for Union of India informed the Court currently, there is no record of any state instrumentality mandating Aarogya Setu. 

Hon’ble Chief Justice Abhay Oka ordered that in the absence of a legislation, central and state government or their agencies or instrumentalities cannot deny any benefit or service to a citizen for not installing Aarogya Setu. 

The Karnataka High Court also asked the Counsel for Union of India that “what happens if people do not use mobile phones by choice?” 

The Court granted time to Union of India to file a statement of objections. The matter has been listed for hearing on 10th November. 

Also read our coverage of the matter here:

1. Aarogya Setu is optional for air passengers, Airport Authority of India informs Karnataka High Court

2. Karnataka High Court orders the State of Karnataka to clarify its stance on Aarogya Setu

3. Karnataka High Court allows amendment of petition in Aarogya Setu case: Update on petition challenging Aarogya Setu's voluntary-mandatory nature and lack of a specific legislation

4. Aarogya Setu is not mandatory for air or rail travel

5. Petition Challenging the de-facto imposition of Aarogya Setu in Karnataka High Court