[COVID-19] Right to lead healthy life cannot be obstructed by few who refuse to wear face masks, maintain social distancing: Karnataka High Court

The Karnataka High Court on Thursday observed that the right to lead a healthy life is facet of Article 21 of the Constitution and cannot be obstructed by few people who refuse to wear face masks or maintain social distancing during COVID-19 pandemic..A Division Bench headed by Chief Justice Abhay Shreeniwas Oka, therefore, exhorted State agencies to take a strict view of violations of Covid protocol. "Right to lead healthy life is integral part of article 21 of the Constitution of India. Right to lead healthy life cannot be obstructed by individuals who do not bother to follow the rules regarding masks, maintaining physical distancing, congregating etc. Therefore, when State agencies take strict view of the violations made, it must be remembered that it is being done for upholding fundamental rights of citizens under Article 21 of India, of leading a healthy life," the Court said. .Interestingly, the Court further held that compounding fee for violation of social distancing norms must be recovered not just from the organizer of a congregation or rally but against every participant who has attended. ."If a large number of people assemble and commit violation of rules regarding maintaining of social distance and wearing of face masks, the offence does not come to an end if the leaders of congregation or group/organisers, compound the offence. FIR and consequential investigation will have to continue against every violator (participant of the congregation) against whom the allegation is made.".In a similar vein, the Court added, ."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 further noted that even celebrities including actors and religious leaders have violated the provisions of the Karnataka Epidemic Diseases (Amendment) Act, 2020 [Act] as well as the rules and orders issued under the Act. Noting this, the Court opined that no one should be spared for violating the provisions of the Act.The penal provisions applicable to political leaders and religious leaders in case of Covid norms violation will also apply to so-called celebrities, the Court added while pointing out the violations committed by them..The Court was hearing plea moved by Letzkit Foundation seeking strict implementation of COVID-19 norms..During the hearing on Thursday, the Court was apprised of certain photographs showing transgression of COVID norms by employees of Karnataka State Road Transport Corporation as well as politicians.."The State Government will have to take note of the said photographs and take stringent action in accordance with law," the Court said. .The Court also proceeded to direct the Director General of Police to issue guidelines to all police officers who are permitted to compound offences under Section 10(1) for effective implementation of the penal provisions under the Act.The DG should also constitute a team of senior police officials to monitor the registration of FIRs for violation of COVID norms like not wearing masks, not maintaining social distancing and mass gathering or congregation in public or private places.The Court further said that the police officers are hesitating to register FIR against violators despite series of orders passed by the Court because political or religious leaders are violators in those cases.Police officers should be educated about the provisions of the Act and should register First Information Report (FIR) immediately on offences related to violation of COVID norms, the Court said.