'Trade Not More Important Than Health': Kerala High Court Dismisses Plea Seeking Withdrawal Of Weekend Lockdown In State

Ruling that trade is not more important than health, the Kerala High Court recently dismissed a petition seeking withdrawal of the weekend lockdowns imposed in the State amid the pandemic. 

Chief Justice S Manikumar and Justice Shaji P Chaly observed that the prayers sought for by the petitioners would be contrary to the directions issued by the Supreme Court. 

The petitioner had sought a direction to withdraw the lockdown imposed on Saturdays and Sundays and restrictions imposed on all shops, establishments, banks, other institutions, in the state enabling them to function on all days without any time restrictions.

Advocate Sabu P Joseph appeared for the petitioner and argued that the lockdown restrictions imposed by the State to control the spread of Covid-19 have proved to be as unsuccessful, evidencing from the current status of continuing constant rate of TPR.

In fact, such restrictions cause overcrowding in all these places violating the Covid Protocol and social distancing, and during the period of its functioning, cases have not come down, they asserted. 

It was added that there are more than 30 lakh shops and establishments functioning in the State, with more than 90 lakh workers employed in these shops and establishments. Due to the said restrictions, merchants, businessmen, their employees, and their families were facing huge financial stringency. 

Advocate General K Gopalakrishna Kurup appearing for the State submitted that there will be a review of the pandemic situation in Kerala and depending upon such decision, the restrictions either relaxed in certain cases or made stringent, as the case may be.

He added that only after a comprehensive decision is taken, appropriate orders will be issued by the Government.

 The Court observed as follows: 

"...when the Hon'ble Supreme Court had already taken note of the Covid situation in Kerala and observed that relaxation of the restrictions, even for a day to some category of area, was wholly uncalled for and that when the Hon'ble Supreme Court has also observed that it was the sorry state of affairs that the State of Kerala, does not in any real manner, safeguard the rightful life and health guaranteed to all the citizens under Article 21 of the Constitution, the prayers sought for, would be contrary to the directions issued by the Hon'ble Supreme Court."

The Division Bench also noted that the Test Positivity Rate was increasing in the State, despite the measures taken by the Government to contain the spread of Covid – 19. 

"Trade or business is not more important than health, which is integral to right to life. Reasonable restrictions can be imposed on trade or business. Article 19 (6) and 21 of the Constitution of India,  encourages, right to trade and business. If only there is health and life, one can engage himself in trade or business."

The petition was accordingly dismissed. 

Case Title: A Hameed Hajee v. State of Kerala

Click Here To Read The Order