People not wearing masks in public spaces are violating the fundamental right to life of everyone else, the Apex Court said on Thursday as it implored all states to enforce the guidelines on wearing masks & social distancing scrupulously in the face of the Coronavirus pandemic.

At the same time, the Supreme Court stayed a Gujarat HC order that sought to punish those not wearing masks in public by assigning them to COVID-19 centres to perform non-medical duties, terming the punishment “disproportionate”.

A bench headed by Justice Ashok Bhushan regretted that people have been recently showing a lack of will to follow the guidelines meant to prevent the spread of the virus, & the authorities were apathetic in implementing the norms on masks & social distancing.

“Those who are not wearing masks are affecting fundamental rights of others. They may hamper health of other people,” remarked the bench, which also included Justice RS Reddy & Justice MR Shah.

When solicitor general Tushar Mehta, appearing for the Centre & the Gujarat Govt, said there was nothing to show that the police could be encouraging the trend, the bench retorted: “Truth can easily be seen. & we are not talking only about one state but the problem across the nation.” 

The Court added that these guidelines & standard operating procedures had been issued by the Union health ministry & states too, but the major hurdle was of their implementation.

The Bench asked Mehta that “There is a lack of will everywhere. There is no implementation. Everybody is moving without masks in markets, malls, marriages & all kinds of ceremonies. There are more than 1,000 people in a marriage ceremony? How is this happening? What is police doing".

It also took a dim view of large gatherings in marriages & processions, observing that some states had even done away with the necessity of seeking prior approval from the authorities for organising such congregations.

Mehta accepted that it was a pan-India problem, & that certain urgent measures, including the imposition of a higher fine on violators, can be ordered by the Supreme Court.

At this, the bench reiterated that enhancing the fine may not suffice until there is proper implementation.

Mehta, on behalf of the Govt of Gujarat, had sought a stay of the high court order to send those not wearing masks in public to perform non-medical duties in Coronavirus centres as punishment.

The bench concurred with the solicitor general that such punishment may pose serious health risks even to non-Covid-19 persons, & stayed this part of the order.

But at the same time, the court underlined that the stay order cannot be construed as encouraging people to not wear masks.

Thus, the bench directed Gujarat’s additional secretary, home, to ensure the requirement of wearing mask & social distancing were rigorously implemented. It also directed the state police to make certain all guidelines are implemented in the state.

It further asked all State Govts to submit suggestions by Monday on how to control public gatherings & ensure compliance with the requirement of wearing masks & maintaining social distancing.

The bench said it will consider issuing directions for all states after the responses are received. 

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