Make community service at Covid-19 centres must for those not wearing mask: Gujarat HC

AHMEDABAD: The Gujarat high court on Wednesday directed the state government to make it mandatory for those who are spotted without wearing masks and violating social distancing norms in public places, to do community service at Covid centres as a punishment.
To create a deterrence to make people wear masks, the HC felt that mere challans are not enough.In a measure to curb Covid-19 spread, the court ordered the state government to come up with a notification for listing all defaulters for social service. Its order reads, “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.”
The court has ordered that such defaulters should render services which are non-medical in nature “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”.
The court further clarified that such duty for defaulters should be at least for 4-6 hours a day ranging from 5 to 15 days “as the authorities deem it fit and necessary”.
The court has ordered the state government to give wide publicity to these directions in mass media and social media so that it has “a desirable deterrent effect”.
For such a policy of social punishment, the bench of chief justice Vikram Nath and Justice J B Pardiwala observed that a violator of mandatory mask rule “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”.
This suggestion for the introduction of social service in Covid care centre in addition to the payment of fine had come from advocate Vishal Awtani, who had filed a PIL. He told the court that many people do not mind paying a fine of Rs 1,000 and pose danger to others by not wearing a mask in public places. He had demanded an increase in the fine amount and punishment of social service for repeat offenders. The government had increased the fine to Rs 1,000 after the HC order itself.
Advocate Awtani’s suggestion was welcomed by the high court and it sought the state government’s opinion. The government told the HC on Tuesday that it would be difficult for it to implement such a policy and it was facing a dilemma like Prince Hamlet of Shakespear in this regard.
This did not go well with the court, which said, “Instead of taking a stand on the issue, the state has declined to address this issue. 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.”
The HC remained firm on the issue and observed, “One must not forget that the state is, after all, a welfare state. The foundation of the existence of the state lies in protecting its people and making the best possible efforts for their well-being. We can understand that the state may require some reasonable time to develop the modalities or the mechanism to ensure implementation of such community services by the violators".