Letter to Goa and Tamil Nadu Government Against Mandatory Installation of Aarogya Setu
Recently, the Government of Goa made Aarogya Setu mandatory for anyone entering the collectorate. After receiving flak, this was restricted to persons who own smartphones. Similarly, the Government of Tamil Nadu released a Standard Operating Procedure on “Resumption of training activities of sportspersons preparing for national and international events” dated July 24, 2020 which mandated the installation of Aarogya Setu for all staff and athletes visiting the sports complexes.
SFLC.IN wrote to the Government of Goa and to the Government of Tamil Nadu urging them to reconsider mandatory installation of Aarogya Setu. This step by the Government of Goa and Tamil Nadu mandating installation of Aarogya Setu by persons who own smartphones is against the principle of consent. Similarly, athletes and staff in Tamil Nadu who do not have access to smartphones will be excluded from availing the facilities of sports centre.
In an ongoing case in the Karnataka High Court, the Government of India has clarified that Aarogya Setu is mandatory for availing any government services. The Ministry of Home Affairs through its guidelines dated 17.05.2020 and other subsequent guidelines has also made installation of Aarogya Setu on “best-efforts” basis.
Through these letters, SFLC.IN urges the Government of Goa, and Tamil Nadu to reconsider mandating installation of Aarogya Setu.
Previously, we had also sent representations to Noida Metro Rail Corporation, Ministry of Railways, and Ministry of Civil Aviation against the requirement of mandatory installation of Aarogya Setu. We are also along with Senior Advocate Mr. Colin Gonsalves representing our advisory board member Mr. Anivar A Aravind in Karnataka High Court against mandatory-voluntary status of Aarogya Setu and lack of specific legislation governing it.
Read the letter below:
July 23rd, 2020
To
Mr. Pramod Sawant
The Chief Minister
Government of Goa,
Secretariat , Porvorim,
Goa
Via electronic mail.
Sir,
Subject: Mandatory installation of Aarogya Setu by visitors with smartphones in the Goa Collectorate.
It was brought to our notice via media reports that the South Goa collectorate has made it mandatory for visitors with smartphones to have Aarogya Setu installed in their cell phones.
As you may be aware the Ministry of Home Affairs had released its guidelines for Lockdown 4.0 on 17.05.2020 which make installation of the App on “best efforts” basis. This means that Aarogya Setu cannot be made mandatory for any of the citizens, with or without smartphones. This is to also inform you that the Government of India has already placed it on record in the Karnataka High Court that Aarogya Setu is not mandatory for availing government services.
We request you to reconsider and to withdraw such order and make installation of Aarogya Setu voluntary on the lines of the Guidelines issued by the Ministry of Home Affairs and its statement in the Karnataka High Court. We urge you to ensure that the principles of consent and due process are followed during the COVID-19 pandemic.
Regards,
Sincerely,
Prasanth Sugathan
Legal Director
SFLC.IN
prasanth@sflc.in
