Gujarat High Court To Consider Imposing Punishment Of 'Community Service At Covid-19 Centres' Upon Mask Violators

This suggestion has not attained finality and will be discussed by the Court with the State Government on Tuesday, December 1.

A Division Bench of Chief Justice Vikram Nath and Justice JB Pardiwala was hearing a PIL field by Advocate Vishal Awtani, seeking an appropriate direction to the State to increase the fine for not wearing a face cover (mask).

He had urged that the fine for not wearing a face mask be increased to Rs.2,000/- in the cities of Ahmedabad, Vadodara, Surat and Rajkot and Rs.1,000/- for the rest of the Gujarat.

He had also submitted that fine alone does not appear to be a sufficient deterrent for people to use the mask whenever they are out and therefore in addition to the fine that is being imposed, 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 to 15 days on non-medical services.

"This would sufficiently work as a deterrent and will ensure stricter implementation of compulsory wearing a mask," he submitted.

Also Read: [COVID-19] Unfortunately The Rule Of Wearing Of Mask Which Is Meant For Safety Of People Needs To Be Enforced Through Coercive Measures: Tripura HC

Convinced by this unique suggestion, the Division bench said,

"We also feel that such steps if taken would definitely ensure greater implementation of the compulsory wearing of mask which will definitely help us in containing the spread of the COVID-19."

It reflected that despite imposition of fine on not wearing masks and constant reminders to follow the health protocol, people were not complying. Referring to a newspaper report of the day, the Bench was alarmed to note that out of 100 people who were fined for not wearing a face cover (mask), 47 were tested positive with Asymptomatic condition.

Hence, the Bench was of the opinion that measures need to be taken to deter not wearing of masks. The order states,

"Learned Advocate General and the learned Government Pleader also find this suggestion to be working well as a deterrent, however, they prayed for reasonable time to revert back after obtaining instructions from the State. We also feel that such steps if taken would definitely ensure greater implementation of the compulsory wearing of mask which will definitely help us in containing the spread of the COVID-19.

Since this will require an urgent attention at the level of the State and also by us, we direct that for consideration of this aspect, let this petition be listed on Tuesday i.e. 01.12.2020 on top of the Board, to be taken up at 11.00 a.m."

Other orders on wearing of face masks:

• Strictly Implement The Rule Indicating Punishment For Non-Wearing Of Mask, Spitting In Public Places, Etc. : Madras HC Directs Govt.
• Political Parties Should Take Responsibility And Instruct Members To Wear Face Masks & Maintain Social Distancing : Karnataka High Court
• "No Person Should be Seen Outside his/ her House Without Mask on Face": Orders Allahabad HC Saying 'If Action Not Taken Today, We Won't Be Able To Face Our Progenies'
• Covid-19: Allahabad HC Asks DGP To Prepare A 'Definite Modus Operandi' To Ensure Social Distancing, 100% People Wear Masks

Case Title: Vishal Awtani v. State of Gujarat

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