India's coronavirus tally surged to 12.87 lakh cases today.
The Delhi High Court on Friday asked the Indian Council of Medical Research or ICMR to come out with a clarification that mobile number, government-issued identity card, photographs or even a residential proof are not necessary for COVID-19 tests for "homeless people with mental illness".
According to a June 19 ICMR advisory, every person - tested for COVID-19 - has to provide a government-issued identity proof and should have a valid phone number for tracing and tracking the individual and his/her contacts.
A bench of Chief Justice DN Patel and Justice Prateek Jalan said that the ICMR should issue a clarification in a circular or an office order that the identity proof, address proof and mobile number are not required for testing homeless persons dealing with mental illness.
The high court said a camp can be organised for testing such persons as is being done across Delhi for others.
"Guidelines have to be given by you (ICMR). You put it in black and white for the states' benefit. You only need to clarify in two-three lines that mobile number, address proof and identity cards are not required for testing mentally ill homeless persons," it said.
"Use your powers for the public at large. Once you do so (issue the clarification), all states will comply," the bench added.
Additional Solicitor General Chetan Sharma, appearing for ICMR, sought time to take instructions from the government regarding the observations made by the bench.
The high court, thereafter, listed the matter for further hearing on August 7.
The bench was hearing a petition moved by advocate Gaurav Kumar Bansal seeking directions to the ICMR and Delhi government to "issue guidelines for COVID-19 testing of the homeless people dealing with mental illness" in the national capital.
The high court on July 9 had asked the ICMR to consider the plight of the mentally ill homeless persons and see whether they can be tested without insisting upon a mobile number, government issue identity card and residential address proof.
The bench had told the ICMR that "many homeless mental ill persons are institutionalised or in shelter homes" and therefore, traceable, so there was no need for their identity proof or phone numbers to test them for COVID-19.
In response to the court's query, the ICMR has filed an affidavit stating that the purpose behind submission of government identity card and telephone number was to ensure proper tracing and treatment of positive cases and their contacts as '''Test/Track/Treat'' is the best strategy for control of COVID-19 pandemic.
It further said that since health was a state subject, concerned state health authority may consider adopting a suitable protocol to ensure that the strategy of ''Test/Track/Treat'' is followed and the grievance raised in the petition is also addressed.
ICMR, in its affidavit, has said that it has only advised to facilitate contact tracing as well as tracking all the COVID-19 patients.
"The modalities regarding the contact tracing as well as tracking of the COVID-19 infected patients completely falls under the domain of IDSP. NCDC and state health authorities.
"ICMR is a research organization and the contact tracing as well as tracking of the COV1D-19 infected patients is not under the domain of ICMR," it has said in its affidavit.
Mr Bansal has claimed in his petition that the Delhi government has not taken seriously the lack of guidelines with respect to COVID-19 testing of mentally ill homeless persons.
He has said the high court had on June 9 directed it to address the grievances raised by him in another petition with regard to mentally ill homeless persons in accordance with law, rules, regulations and government policy.
He said that on June 13 he also sent a representation to the Chief Secretary of Delhi government for providing treatment to mentally ill homeless persons in the national capital who have no residence proof.
However, nothing was done by the Delhi government, he had told the court.