The Kerala High Court has refused to entertain a public interest litigation seeking to issue directions to the State government to follow the norms set by the World Health Organisation (WHO) in the management of bodies of persons who died of COVID-19.
Refusing to accept the contentions of the petitioner, a Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P. Chaly directed the State government to strictly follow the guidelines issued by the Central government in this regard, and to make necessary arrangements for the performance of the last rights in accordance with the guidelines.
The writ petition was filed by members of Muslim community, seeking directions to the State to follow the WHO guidelines than the one framed by the State and Central governments.
The court noted that the State government was duty-bound to follow the guidelines issued by the Union government by invoking the provisions of the Disaster Management Act and Rules and the State or the Central government cannot be directed to follow the WHO guidelines.
The Central guidelines are issued after considering the situations prevailing in the country and securing necessary inputs and information from the respective stakeholders. The court is not expected to overturn the guidelines or make additions to it without considering the exercise undertaken by the Centre before issuing them, it said.
Under the prevailing situation, the government had a duty to ensure that the activities of the public were regulated and managed to the common advantage of the people as a whole, the court noted.
