Right To Health Cannot Be Obstructed By Those Who Don't Bother To Wear Masks, Maintain Social Distancing: Karnataka High Court

Karnataka High Court has said Right to lead a healthy life is an integral part of Article 21 of the Constitution of India. "Right to lead a healthy life cannot be obstructed by individuals who do not bother to follow the rules regarding masks, maintaining social distance, congregating etc", the Court said. A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj, on Thursday clarified "As far as offence under sub section 1 of section 5, (Karnataka Epidemic Diseases Act) for failure of wearing mask and social distancing is attracted not only in relation to organisers/leaders of rallies congregations etc but each and every person who participates in the same and who commits violation of wearing of mask and maintaining of social distancing commits and offence. Moreover, any person who abates any offence commits an offence as provided in section 8 of the said act." Further, "There are cases wherein congregation, rallies functions, the officer of public servant discharging their duties were obstructed. Even in such a case the offender is not only the organiser or leader but all those who obstruct the officer or public servant." The court said "Somehow the police machinery is taking offences punishable under Section 5 very lightly, we find that unless there are orders of court even FIRs are not registered." Accordingly, it directed the Director General of Police (DGP), to issue directions/guidelines to all police officers as well as officers who are authorised to take action of compounding, under sub section 1 of section 10 of the Karnataka Epidemic Diseases Act, 2020, for effective implementation of penal provision of the said act. The court also directed DGP to constitute a team of senior police officers who will monitor registration of offences punishable under the said act and investigation thereof. State government is directed to give wide publicity to the fact that violation of rules regarding wearing of mask, maintaining of social distancing, etc are cognizable and non-bailable offences. Also, to educate police officers about the provisions of section 5, 8 and 9 of the said Act, in as much as there have been very few cases of registration of FIR though, offences punishable under sub sections 2, 3 and 3 (a) of Section 5, are cognizable and non-bailable offences. The bench said "One cannot forget that exercise of powers under Section 4, by the state is for maintaining public health. Right to lead a healthy life is an integral part of Article 21 of the Constitution of India. Right to lead a healthy life cannot be obstructed by individuals who do not bother to follow the rules regarding masks, maintaining social distance, congregating etc." It added "Therefore, when the state agencies take a strict view of the violation made it must be remembered that is being done for upholding the fundamental rights of citizens of India under Article 21 of the constitution of India, of leading a healthy life." No One Should Be Spared who has committed a violation. The court in its order noted that offences under section 5 are cognizable and non-bailable. Therefore, mandate of section 154 of CrPC, will squarely apply if information is furnished about commission of an offence to an officer in charge of a police station, he is under an obligation to record FIR. Thereafter investigation must be carried out expeditiously within 30 days by an officer not below the rank of inspector. The court referred to its earlier orders and said "Various orders passed by this court indicated that there were congregations in the city attended by thousands of persons. Not only the organisers of the congregation were not wearing masks but persons who attended the congregation were also not wearing masks." It also observed that during last few days there has been a surge in number of covid-19 cases in the state and in particular in cities like Benagluru and few other districts. Following which it said "The said act (Karnataka Epidemic Diseases Act 2020, has come on statute book during epidemic of covid-19. The main object is to ensure that the government gets powers to impose restrictions to issue directions, to come out with regulations and orders for exercising powers under section 4, thereof. The powers under section 4 are very wide. All the powers are intended to confer a toll in the hands of the state government to ensure that epidemic disease like covid-19 does not spread." It added "Unless penal provisions under the said act such as section 5 to 9 and especially section 5 are enforced strictly the measures taken under section 4 will be of no consequence and no effect." The court opined "The state government should not tolerate reluctance on part of police machinery in enforcing penal provisions of the said act. The order passed by this court shows that there was a great deal of reluctance on part of the police for ...

Right To Health Cannot Be Obstructed By Those Who Don't Bother To Wear Masks, Maintain Social Distancing: Karnataka High Court

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