"Set Up Expert Body For Prescribing Standards Of Manufacturing, Sale Of Face Masks And Directions For Strict Compliance": Plea In Delhi High Court

A plea has been moved in the Delhi High Court seeking directions on the Delhi Government to set up an independent expert body for prescribing standards of manufacturing and sale of face masks and face covers and to also issue directions to ensure its strict compliance.

The petition filed by Jai Dhar Gupta, a clean air activist and entrepreneur and moved through Advocate Annirudh Sharma states that in the ongoing covid 19 pandemic, it's believed that the appropriate masks for Prevention of spread of the virus would be N 95 or double mask.

The matter was listed before a division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh wherein the petitioner had argued that unlike other countries, India does not have a prescribed standard for manufacture and sale of face masks and the same has become more important in light of the ongoing COVID infection and rising air pollution.

Placing reliance on the recent judgment of the Delhi High Court terming face masks as "Suraksha Kawatch", the plea avers thus:

"From the various studies and report it is clear that the use of face mask is not only important for preventing COVID transmission but is also essential for protecting the citizens against the effects of air pollution. However, in view of the current scenario, where the severe problem of air pollution in Delhi is mixed with the risk of fast spreading COVID infection, the use of face mask has gained more importance than ever."

Further stating that it has become a common sight that masks are sold at every shop and on multiple websites across Delhi and the country, the plea reads thus:

"It has been a trend that the fashionable masks matching with the cloths are being made by various tailors and designers which are usually single layer masks and offer negligible protection from the spread of the COVID infection. Further, the said masks are also not effective for protection against air pollution. It is submitted that the problem of air pollution with the spread of COVID infection is dangerous for the citizens of Delhi and therefore it is essential that a regulatory body be set up for determining the standards for manufacturing and sale of masks or appropriate regulations be made for manufacturing and sale of face masks in Delhi."

During the course of hearing on Monday, it was submitted on behalf of the Delhi Government that the Bureau of Indian Standards has already laid down norms to regulate the standards for manufacture and that the sale of face masks and face covers etc. and no separate directions are called for.

In view of the aforesaid submission, the counsel for the petitioner sought time to examine the said regulations and address further arguments on the next date of hearing.

The matter is now scheduled to be heard on June 4.

The Petitioner was represented by Annirudh Sharma, Advocate and Government was represented by Santosh Kunar Tripathi, Advocate.

The GNCTD was represented by Standing Counsel Santosh Kumar Tripathi with Advocates Aditya P. Khanna and Shashank Tiwari.

Title: JAI DHAR GUPTA v. GNCTD

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