'Dignity Will Not Be Lost When Witnessed From Home': Kerala High Court Says COVID Norms Should Not Be Diluted For Government's Swearing-in

While disposing of petitions challenging the Kerala Government's decision to conduct the swearing-in ceremony of the newly-elected LDF government at Chandrasekharan Nair Stadium in Thiruvananthapuram on May 20, with 500 people in attendance, the Kerala High Court made crucial observations relating to the necessity of requiring the attendance of so many people for a constitutional function.

Disposing of the petition and imposing restrictions on the swearing-in ceremony, Chief Justice S Manikumar and Justice Shaji P Chaly stated,

"...the present Pandemic situation would not permit any authority to conduct a Government function much less, even a Swearing-in Ceremony of the new Council of Ministers, with such a large gathering of 500 persons"

The Court also said,

"We observe that dignity will not be lost when the swearing-in ceremony is witnessed from home. and not a political function of a party/parties, such function can be conducted, in a dignified manner, even in the absence of many, who are not part and parcel of the performance of the ceremony but only to witness the ceremony."

The Court went on to opine that save for the persons who were actually being administered the Oath of Office, other persons were not to be allowed to participate in the Ceremony.

"Though Mr. K.V.Sohan, learned State Attorney described the function as a constitutional function and, therefore, to be conducted in a dignified manner, we observe that except His Excellency, the officials attached to his office, Hon'ble Ministers, who are to be administered the Oath of office, and the required Government officials to assist the performance of the programme, His Excellency the Governor, no other persons have to be allowed to participate in the swearing-in ceremony."

Interestingly, after the State Attorney submitted that the Government had taken necessary precautions to stop the spread of the virus, the Bench proceeded to draw parallels between the swearing-in ceremony and a wedding with 500 persons in attendance organised during the surge of Covid cases.

With the remark that a Government function cannot be converted into a public or political function, the Bench comments,

"If such a contention is accepted, then even marriages can be performed with the participation of 500 people with RT-PCR test conducted 48 hours before solemnisation of the marriage in any big Marriage Hall or open place, which can accommodate people more than 500. So also, the final rites and obsequies ceremonies, in the case of death. We do not see any difference as to whether it is a Government function or family function or ceremony, in relation to death and the contentions of the learned State Attorney as regards the nature of the function or ceremony, as the case may be, cannot be countenanced in entirely."

The Court went on to say,
"Even going by the restrictions imposed in the Government Order dated 06.05.2021 and 14.05.2021 respectively, though it is described as a constitutional function as per the version of learned State Attorney, such large gathering cannot be permitted."

On this note, the Court drew attention to Kerala's Covid statistics and why the lockdowns/triple lockdowns were declared in the first place.

Since the government knew why the lockdowns were declared, along with the restrictions, these could not be diluted solely for the swearing-in.

Surge of Covid-19 pandemic is reflected in the statistics of the Government of Kerala. Purpose of lock down/triple lock down known to the Government. That is why, such stringent conditions are imposed on the public, applicable to all citizens. The restrictions should not be diluted, or in other words, altered, by the Government, solely for the swearing-in-ceremony.

The Bench also remarked that the Government Order made no reference to the opinion of any expert, including a medical expert before the decision to conduct the ceremony was taken, despite the State Attorney's assertion that the decision was taken after consultation.

"Though the learned State Attorney submitted that the Chairperson, State Executive Committee, State Disaster Management Authority has issued the abovesaid Government order dated 17.05.2021, after consulting with the experts, perusal of the said Government order does not indicate even a reference to the opinion of any expert, particularly medical experts. Besides, when COVID-19 Pandemic situation is worsening in all the parts of the country, including Kerala, though claimed to be one of the defenders, at some point of time, the present Pandemic situation would not permit any authority to conduct a Government function much less, even a Swearing-in Ceremony of the new Council of Ministers, with such a large gathering of 500 persons"

As the judgment progresses, the Court points out that Kerala's Covid cases showed no substantial change between May 6 and May 17, and that on the other hand, there was a rise in the number of deaths.

"Though the learned State Attorney submitted that all the invitees would be subjected to RT-PCR test, we are not inclined to accept the said submission also, for the reason that there is no substantial change in the number of infected in active cases from 06.05.2021 to 17.05.2021. Needless to say, the increase in the number of death, warranting the Chairperson, State Executive Committee, State Disaster Management Authority, to come to the conclusion that Swearing-in Ceremony can be performed with the restrictions stated in the impugned Government order dated 17.05.2021, the Court observed.

In the tail end of the judgment, the Court makes reference to the Government of Kerala's standing as a forerunner in Covid-19 management, and therefore urges for restrictions "to the maximum" to avoid the spread of the virus. 

Click here to download the judgment