Madras high court directed the state government to implement rules relating to non-wearing of masks, social distancing, and spitting in public in a more stringent manner due to the contagion of the Novel Coronavirus.
The writ petition, filed by a practicing lawyer, was heard by the divisional bench consisting of Justice M.M. Sundresh and R. Hemalatha. The petitioner filed a writ of mandamus, directing the following to the respondents:
(a) Ban Spitting in Public and made punishable under the provisions of the Prohibition of Smoking and Spitting Act, 2002 and strictly implement the same
(b) Direct the Public Health Board to provide Public Sanitary conveniences and regulate deposit of rubbish/ garbage on streets in total implementation of the prohibition of defecation in the Open Place Act, 2019 passed by the Government of India
(c) 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 environmental pollution, and the authorities to file a report on disposal track of such waste
(d) 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;
(e) 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
(f) Give widespread consciousness and awareness at all public places by the installation of boards and spreading the message to practice social distancing and wearing of appropriate masks which will prevent infection.
The respondents relied their argument on the order dated 04.04.2020 which laid down rules and punishment for non-wearing of masks, social distancing, and pitting in public. The order was framed and conferred by the health and welfare department under the Tamil Nadu public health act,1939.
The court remarked “We have already issued appropriate directions earlier to the authorities in the State of Tamil Nadu to implement the provisions strictly. We only reiterate that the amended Rule which came into being pursuant to the above said Government Order dated 04.09.2020 will have to be implemented strictly by the respondents. Due publicity will have to be given on the Rule and the action that is likely to be taken.”
The court also remarked to the petitioner “Insofar as the other issues sought to be raised by the learned counsel for the petitioner with respect to segregation of medical wastes with the other wastes, we are not willing to go into the same for want of appropriate respondents. Accordingly, we are not inclined to go into the same. However, liberty is given to the petitioner for filing a comprehensive writ petition.”
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