Letter to Jawaharlal National University Against Mandatory Installation of Aarogya Setu by Employees and Students
Recently, the Jawaharlal National University (JNU) made Aarogya Setu mandatory for its employees and students vide order number 01/Admin./Corona(COVID-19)/Misc./2020 dated 21.10.2020. The order reads as “every individual working in the university as an employee or a student should have Aarogya Setu app on their phones. Use of Aarogya Setu by all on campus is mandatory. If unsafe status of Aarogya Setu App is displayed, he/she will not allowed to enter the University campus.”
Recently, the Karnataka High Court, in its order dated 19.10.2020 in Anivar A Aravind vs. Ministry of Home Affairs (WP (C) 7483 of 2020) ordered that: “Neither the State Government not the Central Government or its agencies or instrumentalities can deny any benefit to a citizen only on the ground that he has not installed the Arogya Sethu application on his cell phone.” The Ministry of Home Affairs Guidelines for re-opening dated 30.09.2020 also make installation of Aarogya Setu on “best-efforts” basis.
SFLC.in wrote to the Vice-Chancellor of JNU urging him to reconsider the mandatory installation of Aarogya Setu. Read our letter to the JNU administration here:
October 22nd, 2020
To
Prof. M. Jagadesh Kumar,
Vice Chancellor,
Jawaharlal Nehru University,
New Delhi-110067
Sir,
Subject: Letter against mandatory installation of Aarogya Setu by students and employees vide order no. 01/Admin./Corona(COVID-19)/Misc./2020 dated 21.10.2020.
The Jawaharlal Nehru University (hereinafter “the University”), New Delhi vide its order no. 01/Admin./Corona(COVID-19)/Misc./2020 dated 21.10.2020 has issued guidelines for re-opening. Clause (C) 5, page 2 of the order requires mandatory installation of Aarogya Setu by students and employees of the University. It reads as “every individual working in the university as an employee or a student should have the Aarogya Setu app on their phones. Use of Aarogya Setu by all on campus is mandatory. If unsafe status of Aarogya Setu App is displayed, he/she will not be allowed to enter the University campus.”
We write this letter to inform you that Clause 8 of Ministry of Home Affairs Guidelines for reopening dated 30.09.2020 has made installation of Aarogya Setu on “best-effort” basis. Thus, the use of Aarogya Setu is only voluntary and not mandatory. Most recently, the Karnataka High Court in its order dated 19.10.2020 in Anivar A Aravind vs. Ministry of Home Affairs (WP (C) 7483 of 2020) ordered that “Neither the State Government nor the Central Government or its agencies or instrumentalities can deny any benefit to a citizen only on the ground that he has not installed the Arogya Sethu application on his cell phone.”
Through this letter, we urge you to make installation of Aarogya Setu voluntary on the lines of MHA Guidelines as well as the Order dated 19.10.2020 of the Karnataka High Court. We also urge you to follow the principle of consent and due process while re-opening the University.
Yours sincerely,
Prasanth Sugathan
Legal Director,
SFLC.in
prasanth@sflc.in
