COVID-19: Gujarat High Court urges State government to impose penalty of community service for those not wearing face masks

The Gujarat High Court today urged the State government to draw up a policy to impose community service as a penalty on those found violating COVID-19 safety norms by failing to wear face masks in public places ( Vishal S Awtani v. State of Gujarat).

. A Division Bench of Chief Justice Vikram Nath and Justice JB Pardiwala issued the direction on Wednesday.

. ...Community service is not a punishment in its true sense but it is a kind of reparation.." The Bench observed . The State government has been tasked with ensuring that a policy framed under the relevant statutes is in place to implement the community service mandate.

Community service will be required to be done at a COVID care center operated by local authorities, with violators required to render 'non-medical' services, the Court emphasized.

A violator is expected to devote 4-6 hours a day for a period ranging from 5-15 days towards community service.

The said mandate will operate along with the fines presently imposed for violation of the COVID-19 safety protocol and the failure to wear face masks in public spaces, the Bench has underscored.

. The Court also enjoined the State to implement this directive without discrimination.

. Emphasizing that community service is not a strict punishment, the Bench opined that community services had great benefits.

Under a scheme of enforcing community service, the state government/non-governmental organisations would obtain additional resources and the offender could remedy his wrongs, the Order states.

This was especially important amid the pandemic, which continues to spread, especially after the festival season.

. "In effect, (safety norm violator) he is putting the community at risk and therefore, in line with the concept and in principle of community service, the said violator must extend services to the community which is put at risk...", the Bench has stated. . The Bench queried the state government on why it was unwilling to draw up a scheme to enforce community service. In the backdrop of the state's unwillingness, the Court was constrained to issue orders, the Order records.

. Every minute, every hour, every day matters. Any lethargy or inaction today may result in putting the lives of millions at risk. Chief Justice Vikram Nath and Justice J.B. Pardiwala . The Bench was hearing a petition moved by Advocate Vishal Awtani, who sought the Court’s intervention in directing the State to increase fines on persons for not ‘ wearing a face cover ’ (mask).

. On Friday, the Gujarat High Court suggested the community service penalty after noting that imposing fines has not proved to be a sufficient deterrent against violations of safety norms.

. Finding merit in submissions made by the petitioner to this effect, the Bench opined:

. " 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. ”

. Apart from this, the petitioner urged that the amount imposed as fine for violations of face mask norms be increased to Rs. 2,000 in Ahmedabad, Vadodara, Surat and Rajkot, and Rs. 1,000 for the rest of Gujarat.

. Adverting to a newspaper report from Friday, the Bench was alarmed to note that out of 100 people fined for not wearing a face cover (mask), 47 tested positive for COVID-19, though they did not show any symptoms.

. After Advocate General Kamal Trivedi and Government Pleader Manisha Shah agreed that the suggestion could work, they submitted that they would revert to the Court with the government’s stance on the matter.

. The Bench expressed that steps such as imposing community service would help ensure greater implementation of compulsory mask wearing to contain the spread of Covid-19.

. Read the order here:

. Read Friday's order here:

COVID-19: Gujarat High Court urges State government to impose penalty of community service for those not wearing face masks

Lydia Suzanne Thomas

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