Why masks, hand sanitisers not on essential items' list, asks Karnataka High Court

The High Court on Thursday directed the central and the state governments to place on oath whether N-95 masks and hand sanitisers should be treated as essential commodities in view of the multiplication of cases of Covid-19 after July 1.

The bench also directed the state government to place on record the prices at which N-95 masks are acquired from time to time.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar passed the order on an Interlocutory Application (IA) that pressed for price-capping the sale of N-95 masks and hand sanitisers.

The court pointed out that in an order issued on March 13, the Union Government had declared both the mask and hand sanitiser as essential commodities.

However, the order was not extended beyond June 30, 2020. The court observed that something 'drastic’ had happened because of which the masks and sanitisers were dropped from the list with effect from July 1.

The counsel appearing for the Union Government had submitted that since there was no complaint received from the states regarding non-availability of N-95 masks, it was decided in the National Pharmaceutical Pricing Authority (NPPA) meeting to leave the price to the market dynamics.

The court directed the central government to file an affidavit by a competent senior officer explaining the reasons that compelled it to drop masks and hand sanitisers from the list of essential commodities.

"There cannot be any dispute that not only the doctors and health workers require the use of N-95 masks, but even common man as a safety can use N-95 masks. It works as good protection for Covid-19 virus,’’ the bench observed.

The court asked the government to take a clear stand on the question whether N-95 masks and sanitisers are available in the market and whether there is any complaint of non-availability.

The court also asked the state to place on record the price variation of N-95 masks made by different manufacturers.

"The state government has purchased a large number of N-95 masks for the benefit of doctors and health workers. The state must place on record prices at which N-95 masks were acquired from time to time.’’

The court directed the state and the central governments to file response by August 17.