The Madras High Court directed the State Government to stringently implement the Rule pursuant to the Government Order dated 04.09.2020, which makes non-wearing of masks, spitting and violating social distancing in public punishable.
Prayers under the Writ Petition
The present petition was filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents under The Prohibition of Smoking and Spitting Act, 2002 in light of the prevailing pandemic situation, to do the following:
- ban Spitting in Public and make it punishable under the provisions of Prohibition of Smoking and Spitting Act, 2002 and strictly implement the same;
- direct the Public Health Board to provide Public Sanitary conveniences and regulate deposit of rubbish/ garbage on streets in total implementation of prohibition of defecation in Open Place Act, 2019 passed by the Government of India;
- manage and segregate waste in a scientific manner, more particularly medical hazardous and toxic waste and other plastic waste, to prevent the spread of COVID Pandemic and other epidemics, to prevent environment pollution and the authorities to file a report on disposal track of such waste;
- monitor all staff of private and Government establishments are provided with sufficient toilets and levy penalties on faulting staff who defecate on public streets/roads;
- implement the Solid Waste Management Rules, 2016 strictly all over the state of Tamil Nadu and levy penalties as per the act on the persons who have not implemented the same in violations of the said Act; and
- give widespread consciousness and awareness at all public places by installation of boards and spreading message to practice social distancing and wearing of appropriate masks.
Observation of the Court
The Court observed that the Rule pursuant to the Government Order dated 04.09.2020 which was passed by the State Government of Tamil Nadu in exercise of its power conferred under the Tamil Nadu Public Health Act 1939, has not been followed in form and substance. The Court also stressed that the aforementioned Rule lays down the punishment for non-wearing of masks, spitting and violating social distancing in public places to deter the public from not following the precautionary measures amid the COVID-19 pandemic.
The Court, observing that the State Government had already been asked to implement the provisions, reiterated that the said Rule must be given due publicity and implemented strictly.
The Court, while allowing the petitioner to file another comprehensive writ petition, remarked that the matter pertaining to the segregation of medical wastes could not be taken up for want of the appropriate respondents.
CASE DETAILS
Case name: N. Rajkumar v. The Chief Secretary to Government, Government of Tamil Nadu and Ors.
Coram: Justice M. M. Sundresh and Justice R. Hemalatha
Date: 19th Spetember, 2020
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