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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

(PUBLIC INTEREST LITIGATION)

WRIT PETITION (CIVIL) No. 1232 OF 2021

IN THE MATTER OF:

MR. MARK S/O MR. BLACK, …PETITIONER

AGED ABOUT 23 YEARS
R/O 3005, SILVER LANE,
DELHI

VERSUS

UNION OF INDIA THROUGH THE …RESPONDENT

HOME SECRETARY, CABINET NO.1
SECRETARIAT, RASHTRAPATI
BHAVAN, NEW DELHI – 110044

MINISTRY OF HEALTH AND FAMILY …RESPONDENT NO.2

WELFARE, THROUGH SECRETARY
ROOM NO. 348, A-WING, NIRMAN
BHAVAN, NEW DELHI – 110001
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A WRIT PETITION UNDER ARTICLE 32 OF THE

CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF

MANDAMUS, APPROPRIATE ORDER OR DIRECTION DIRECTING

THE RESPONDENT TO ISSUE ADVISORY/GUIDELINES FOR LOCAL

CIVIC AGENCIES FOR PROPER HANDLING AND DISPOSAL OF

USED FACE MASKS BEING DISCHARGED AS HOUSEHOLD

GARBAGE AND RUN AWARENESS PROGRAMMES TO PROPOGATE

THE CORRECT WAY OF DISPOSING USED FACE MAKS BY THE

PUBLIC IN ORDER TO PREVENT A RELAPSE OF COVID-19

THROUGH COMMUNITY TRANSMISSION.

To
The Hon’ble Chief Justice of India and his companion Judges of the
Supreme Court of India at New Delhi

The humble Petition of the Petitioner above-name

Most Respectfully Sheweth

1. That the present Public interest litigation is being filed by the humble petitioner

seeking issuance of Writ, order or direction to the Respondent to issue

advisory/guidelines for proper handling and disposal of used face masks being

discharged as household garbage throughout the country in order to prevent a

relapse of COVID-19.
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2. That the petitioner herein is a law student and his complete particulars are as

follows: -

Name: Mr. Mark

R/O: Silver Lane, Delhi

Profession: Law student

3. That the present Writ petition is being filed praying for certain directions which

will be very helpful to the citizens at large and will help reduce the risk of

community transmission. If such directions are not passed there is high probability

that the positive cases of COVID-19 may increase owing to community

transmission.

4. This menace of improper handling and disposal of used masks from households

will ultimately result in the gross violation of Right to life guaranteed under Article

21 of the Constitution of India.

5. That there is no civil, criminal or revenue litigation involving the petitioner which

has any legal nexus with the subject-matter of the present Writ petition.

6. The petitioner declares that he has no personal interests of whatsoever nature

connected with the subject matter of the present Public Interest Litigation and same

is being filed purely for benefit of society at large.

7. That the Respondent is the Ministry of Health and Family Welfare who has the

sole prerogative to issue such guidelines and advisories on national level.

8. FACTS OF THE CASE

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A. The entire world is currently facing an unprecedented threat of extinction

due to the novel Corona Virus Disease (COVID). As per Ministry of Health

and Family Welfare, an international website tracking positive cases of

COVID-19 on a global basis, there are currently 522,566 active cases with

1, 61,468 reported deaths as on 20.03.2021 in India.

B. COVID – 19 is an infectious disease which spreads primarily through

droplets of saliva or discharge from the nose when an infected person coughs

or sneezes. As per the World Health Organization’s website, the disease can

inter-alia, spread from person to person through small droplets from the nose

or mouth which are spread when a person with COVID-19 coughs or

exhales. These droplets land on objects and surfaces around the person.

Other people then catch COVID-19 by touching these objects or surfaces,

then touching their eyes, nose or mouth.

C. As a preventive measure, the entire country was put in a state of lockdown

which was first imposed vide notification dated 24.03.2020 for a duration of

21 days.

D. However, considering the rapid pace at which the number of positive cases

multiplied, the government decided to extend the lockdown till 03.05.2020

vide a subsequent notification dated 15.04.2020.

E. It is pertinent to note that as a preventive measure to stop community

transmission, wearing face masks was initially advised which has now been
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made compulsory vide notification dated 15.04.2020. This has been done

keeping in mind the gravity of the situation since now violation of this

directive is coupled with fines.

F. In light of the current pandemic, the MoHFW has time and again issued

advisories ranging from management of safe drinking water, use of N95

masks by healthcare workers, and etc. However, there is no such advisory

issued for local civic agencies in dealing with the handling and disposal of

used faces masks being disposed off as household waste throughout the

country (emphasis supplied).

G. It is pertinent to note that the conventional masks which the entire country is

using are non-reusable. The U.S. Food and Drug Administration website

clearly mentions that neither the basic surgical masks nor the hybrid N95

masks are re-usable.

H. Moreover, even the MoHFW in its ‘Guidelines of use of mask by public’ has

acknowledged that repeated use of same mask may actually increase risk of

getting an infection.

I. These masks in-turn, are being dumped as household waste and are therefore,

discharged in the environment. It is a known fact that the household waste is

first dumped in the neighborhood dump yard before ultimately being picked

up to be disposed/ incinerated/ recycled.

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J. The gravity of the situation lies in the fact that the workers of civic agencies

come in direct contact which such masks on a daily basis. This is coupled

with the fact that the same worker then goes around in the neighborhood the

next day to collect waste, thus, increasing the risk of community

transmission. The other problem lies with the rag pickers collecting these

masks from dump sites, washing them and selling them again in the market

which is otherwise facing shortage of such protective gears. These concerns

were duly reported by India Spend on 09.04.2020.

K. Therefore, in absence of any guideline/advisory on the point, it was

imperative to approach the Hon’ble SC under Article 32 so that directions

may be issued to Respondent to take appropriate measures by formulating

certain guidelines/ advisories.

L. The MoHFW has also issued Guidelines on use of face masks by public

which are available as Annexure – 2. However, the ways prescribed by the

MoHFW i.e., incineration and dumping are not known to the public. This

has led to the disposal of these face masks in the conventional form of

household waste without caring about the ramifications. This discharge in

the environment can lead to community transmission as highlighted

throughout the petition.

M. Hence, the present writ petition.

9. GROUNDS
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A. Because Right to Life is sacrosanct fundamental right guaranteed under

the Article 21 of the Constitution of India. This Hon'ble Court in catena of

judgments has accepted it as highest in all fundamental rights. That right

to life includes public health including physical and psychological health.

[Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802 and State of

Punjab v. Mohinder Singh Chawla, (1997) 2 SCC 83]

B. Because in present emergent situation, wherein every effort is being made

to contain the spread of COVID-19 through community transmission,

improper handling and disposal of face masks which are being discharged

as household waste pose a great threat of relapse of COVID-19

C. Because the MoHFW hasn’t prescribes any guideline/ advisory for local

civic agencies for handling and disposal of such bio-hazardous waste

which is currently being discharged from the Indian households on a large

scale.

D. Because workers of civic agencies who collect the household waste

operate under a great threat of contacting the virus which is present on the

masks which are being discharged through the household waste. These

workers in turn go around the local neighbourhood collecting waste and

sanitizing household and therefore, pose a great threat of community

transmission.
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E. Because the only solution to COVID-19 is to break the chain of

community transmission, however, improper handling of such a bio-

hazard will pose a great threat of staring another round of community

transmission which will then be untraceable.

F. Because the country is facing a lot both on the economic front and on

social front due to COVID-19 and it would not be feasible if the

community transmission kicks in again which has hitherto been contained

due to nation-wide lockdown

G. Because although the guidelines have been prescribed by the MoHFW but

they have not been propagated through mass media and hence, the public

remains unaware of proper ways to dispose of used facial masks.

10. That this Hon'ble Court has jurisdiction to entertain present petition under

Article 32 of the Constitution of India as it involves violation of basic

fundamental rights guaranteed under Article 21 since in absence of any

guideline/ advisory, improper handling and disposal of faces masks from Indian

households is bound to happen. This poses a great threat of community

transmission and ultimately a great threat to the life of the people of the country.

11. Furthermore, this petition has been filed under Article 32 of the Constitution of

India since the problem as highlighted aforesaid affects the country on the nation-

wide level.

12.PRAYER
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It is therefore, most respectfully prayed that this Hon’ble Court may graciously

be pleased to:-

A. Issue a writ of mandamus or other appropriate writ, order or direction

to the Respondent to issue an advisory/ guideline/ standard operating

procedures for local civic agencies for proper handling and disposal

of face masks which are being disposed of from the households as

domestic waste.

B. Run awareness campaigns through mass media and propagate the

correct ways for disposal of used face masks by public.

C. Pass any other appropriate order or relief which this Hon’ble Court

deems fit, be granted.

AND FOR THIS ACT OF KINDNESS, YOUR HUMBLE PETITIONERS, AS IS

DUTY BOUND, SHALL EVER PRAY.

DRAWN & FILED BY:

Mr. Mark

Petitioner-in-Person

Dated: 31.03.2021

New Delhi
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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) No. 1232 OF 2020

IN THE MATTER OF:

MR. MARK …Petitioner

Versus
Union of India and Anr. …Respondents
AFFIDAVIT

I, MR. MARK S/O MR. BLACK AGED ABOUT 23 YEARS, R/O 3005, SILVER
LANE, DELHI do hereby solemnly affirm and state as under:
1. That I am the petitioner and well conversant with the facts and circumstances of

the case and as such I am competent to swear this affidavit.

2. That the contents of the accompanying Writ Petition consisting in paragraph 1

to 12 from pages 1 to 11 has been read over to me and I say that whatever is

stated therein are true and correct to the best of my knowledge, belief and

nothing material information has been concealed therefrom.

3. That no other Writ Petition has been filed by the petitioner before this Hon'ble

Court or any other Court for same or similar relief.

4. That there is no personal interest, motive or connection of the petitioners with

the subject matter of the present petition and is filed purely in nature of Public

Interest Litigation.

DEPONENT
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VERIFICATION:

I, the above name deponent do hereby verify that the contents of the above

affidavit are true and correct to the best of my knowledge, belief and nothing material

information has been concealed therefrom. No part it is false.

Verified at New Delhi on this 31st Day of March, 2021

DEPONENT