New Delhi, Nov 5 (IANS): The Supreme Court on Thursday held that there is need for a regulatory regime for spraying disinfectant, fumigation or use of UV rays on the human body.

A bench headed by Justice Ashok Bhushan and comprising Justices R. Subhash Reddy and M.R. Shah said even though an advisory was issued by the Directorate General of Health Services against spraying of disinfectant on people for Covid-19 management, yet several contrary opinions have been expressed by other bodies and organisations.

The bench cited the joint press release by CSIRNCL Pune and ICT Mumbai on April 23, which evaluated various concentrations of sodium hypochlorite to find effective chemical disinfectants for the mist sanitisation system.

"Results indicated that 0.02 per cent to 0.05 per cent weight concentration did not show an adverse effect on normal skin flora and yet destroyed the standard microbes. Thus, we recommend using 0.02 to 0.05 wt. per cent sodium hypochlorite solution (200 to 500 ppm) for external body surface sanitisation of personnel walk through the mist tunnel by following standard safety precautions," said the press release.

The bench said though the Centre has recommended against spraying of disinfectant on human body but it has not taken any further steps either to prevent or regulate the spraying of disinfectant on the human body.

It noted that despite the advisory against use of disinfectants on human body, it was brought to its notice that large number of organisations, public authorities are using disinfectants on human body. "It is necessary for the respondent No.1 (Centre) to issue necessary directions either to prevent such use or regulate such use as per requirement to protect the health of the people," said the top court.

On health being a state subject, the top court said provisions of the Disaster Management Act confers more responsibilities and duties on the Centre apart from issuance of guidelines and providing financial support. "The pandemic being a disaster within the meaning of Act, 2005, has to be dealt with sternly and effectively," the bench observed.

To stop public organisations from using both chemical or organic disinfectant, which may be harmful to health and human body, the top court said some more actions were required to remove the cloud of uncertainty. "When a statute confers power on authority and that power is to be exercised for the benefit of the people in general, the power is coupled with the duty," said the top court.

Noting that there are hosts of regulatory measures for use of UV rays with regard to food and other articles, the court said: "We are of the view that for spraying disinfectant on human body, fumigation or use of UV rays against the human body, there has to be regulatory regime when respondent No.1 itself is of the view that such use is not recommended."

Citing wider powers for the Centre under the Disaster Management Act, the top court emphasised that there has to be immediate remedial action and the Centre cannot stop only by saying that such use is not recommended.

The verdict has come on a plea seeking directions to the Centre to immediately ban installation, production and advertisement of disinfection tunnels involving spraying or fumigation of chemical disinfectants on humans, as a step to manage the spread of Covid-19.

The top court directed the Centre to issue necessary orders within a month.