The Gujrat High Court, recently passed a judgment wherein they ordered the government to draft appropriate policy for any person found to be not wearing or using a face mask/covering in a public place and/or violating the COVID protocol of social distancing, shall be mandated to do community service at any COVID Care centre run by the local authorities.
The same judgment was today challenged in the Apex Court of the country. Upon hearing the parties the Supreme Court has put a stay on the order of the Gujrat High Court. While putting a stay, the court remarked that the judgment was indeed disproportionate and it might lead to health risks. The fine for not wearing masks seems a proportionate consequence.
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In yesterday’s decision of the Gujrat HC the judges while bashing the government reminded them that at this juncture their role is very much pivotal and that they have only been alive due to the efforts of the government.
While the SC was hearing the plea of handling of the COVID dead bodies, the SG Tushar Mehta urgently mentioned this issue. The SG mentioned that although not wearing masks is a serious offense but it must not invite such harsh punishments which may actually lead to health risks. The harm attached to not wearing masks is far more than service at a COVID centre. The bench mentioned the fact that there have been weddings and even people in malls have not been adhering to the norm, to which the SG stated that social distancing and wearing masks seems the only plausible solution.
The SG also stated that they must wait for the secretary of every state to derive norms for effective implementation of the social distancing etc. Post this, SG pleaded that the order must be stayed owing to health risks attached with it and also pleaded that observation should be made by the court to clarify that this does not absorb the liability of a person not wearing masks and would attract a RS 1000 fine.
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The Apex Court found merit in the contentions of the Solicitor General Tushar Mehta and thus put a stay on the order of Gujarat HC.
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