The Gujarat HC, in Vishal Awtani v. State of Gujarat, directed the government to come out with an appropriate policy whereby violators of the COVID protocol would have to undertake community service at COVID-19 Care Centres.
The Petitioners in this case sought directions from the courts to the State to increase the fine for not wearing a face mask to rs. 2000 in cities like Ahmedabad, Vadodara, Surat and Rajkot and Rs. 1000 in the rest of Gujrat. An earlier order increased the fine to Rs. 1000 in the whole of Gujrat which is being enforced by the State. However, the court was alarmed to see that out of 100 were fined for not wearing masks, 47 tested positive with the asymptomatic condition.
Submissions of petitioner
The Counsel for petitioners stated that the fine alone does not seem as a sufficient deterrent and appropriate directions may be issued that such persons who are caught without wearing a face cover (mask), their services will be utilized for community services at Covid-19 Centers for 10 to15 days on non-medical services. This, according to the petitioner, would serve as a sufficient deterrent.
Reply of the State
The Advocate General and Government Pleader also found this suggestion to be working well as a deterrent however they asked for a reasonable time to revert. They believed that this step would ensure greater implementation which will contain the disease. On the next hearing, the advocate general informed the court that the administration has geared up and there has been a decline in positive cases. He further informed that the administration although had brainstorming sessions but was unable to find out any viable mechanism or the modalities as to how to utilize the services of the violators for community service at Covid Centres.
Judgment
The court observed that the state was not inclined to introduce community service for violators. The court noted that instead of coming up with a solution or taking a stand on the issue, the state has declined to address it, which is indeed unfortunate as the state is required to take proactive steps. The court was thus inclined to issue directions. The court said, “The gradual decline in figures both in the number of positive cases and in terms of phone calls to the helpline numbers is just marginal and not significant. If we grant a week's time it may only further worsen the situation rather than checking it. At this juncture our interference is necessary considering the spread of the virus. Every minute, every hour, every day matters. Any lethargy or inaction today may result in putting the lives of millions at risk.”
The Court thus stated that a violater is not only putting himself at risk but also others. Since he was putting others at risk, the violator must extend services to the community which is put to risk. The court also directed the state to come out with the policy or order that the violators would extend its services to the community along with the fine taking following aspects into consideration,
- “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.
- Such mandate of community service to be implemented for all violators without any discrimination favourable or otherwise.
- The 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 nature of the duties given shall be appropriately decided by the authorities, considering the age, qualifications, gender and health status of the violator.
- Such community service should be for at least 4-6 hours a day, for a period ranging from 5-15 days as the authorities deem it fit and necessary.
- Such instances should be widely publicized in the media, including social, electronic, digital and print media, so as to have a desirable deterrent effect.”
Case Details
R/WRIT PETITION (PIL) NO. 108 OF 2020
Counsel for Petitioner- Party in person
Counsel for respondent- MR KAMAL B. TRIVEDI, ADVOCATE GENERAL WITH MS MANISHA
LAVKUMAR, GOVERNMENT PLEADER
Coram- HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH and HONOURABLE MR. JUSTICE J.B.PARDIWALA
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