JOIN USGujarat HC orders state to implement community service for mask rule violators
The Gujarat High Court on Wednesday passed an order directing the state government to make a rule for sending mask rule violators to 5-10 days mandatory non-medical community service at coronavirus care centres in order to strictly implement the rules of mask in public places. This will be in addition to a fine of Rs 1,000 for such violators. The court order came a day after the state government showed reluctance to implement such a rule citing logistical issues.
The division bench of chief justice Vikram Nath and justice J B Pardiwala passed the order on a set of petitions including a suo motu public interest litigation concerning measures being taken by the state government to contain the Covid-19 pandemic in the state. The bench ordered the state to issue a notification stating that, '' 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."
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The order states that such "duty should be non-medical in nature and can include activities such as, cleaning, housekeeping, help in cooking and serving the food, preparation of record, data feeding, etc." The duties should be assigned considering the age, qualifications, gender and health status of the violators. The court has suggested that such services should be for at least four to six hours a day for a period ranging from 5 to 15 days.
The bench headed by chief justice Nath noted that " A violator not wearing a face cover/mask is not only putting himself to risk but is also putting people near and around him or in close contact with him to risk. Such others could be his acquaintances, relatives, friends or strangers. In effect, he is putting the community at risk and therefore, in line with the concept and in principle of community service, the said violator must extend services to the community which is put at risk."
The bench also commented that it was "unfortunate" that the state government declined to address the issue of mass violation of mask rules. The state government had told the court that community service was not viable due to several logistics issues. The bench has noted, "Such stand of the State is unfortunate considering that it is the State which is required to act in the most proactive manner in such times. The stand of the State has left us with no option but to issue certain directions, considering the gravity and enormity of the situation."