[COVID-19] Habit of spitting in public should be ended, levy hefty fines: Bombay High Court to Maharashtra govt, Police, BMC

The Bombay High Court on Wednesday pulled up municipal authorities for not imposing heftier fines against people spitting in public places despite the grim situation owing to COVID-19 pandemic. .A Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni was hearing a plea filed by a Mumbai resident, Armin Wandrewala seeking directions to the State, Brihanmumbai Municipal Corporation (BMC) and Commissioner of Police to proactively execute the laws against spitting in public and to stamp out the menace..When it was pointed out that the authorities have powers to take measures like charging hefty fines to deter people from spitting, the Court enquired why the authorities were charging only nominal fines. "Bombay Police Act permits you to take fine of Rs. 1200, then why are you charging only 200? What is the value of Rs. 200 now a days?" the Bench asked..The Court suggested that mass campaigns have to be undertaken by the authorities to sensitise people. When BMC apprised the Court about the drives undertaken by them to fine people who spit in public places, the Court noted that fine collection in some of the wards was nil. ."Actually it is loss of revenue. It shows that you are not collecting. The habit of spitting has to come to an end," Justice Kulkarni weighed in. .Wandrewala's plea also sought active and effective measures by the respondents to sensitise their own officers and functionaries to ensure that they themselves do not offend the law. He stated that there is a law in place, with regulations and directives from the State government, but the same are not being implemented and enforced. .He submitted that this ingrained habit (of spitting) is a menace at times, especially in the time of pandemic, when the entire State and particularly Mumbai is facing a grim situation..Wandrewala claimed that the COVID-19 virus can be transmitted while talking, through droplets of spit and spitting on the roads or in public places, facilitate the spread of COVID virus. "The tragedy is, that even those wearing masks, lower their masks, to spit on the roads and in public places. This totally negates the very purpose of wearing a mask," the petition stated. .He further contended that "the populace seems to think they have a fundamental right to spit. This has to be stamped out by the State, with all the vigour at its command." .After hearing the parties for sometime, the Court asked the State government and BMC authorities to respond to suggestions put forth by the Wandrewala such as sensitising the policemen and functionaries to not spit in public. .The Court also asked the respondents to take appropriate steps under the circumstances against the menace that has been projected by the Wandrewala. .The Court further directed the authorities to give wide publicity to the order by placing them on signboards or any or any other medium and telling the people about the consequences of spitting in public. These steps have to be carried out within 7 days. .The authorities have to inform the Court by April 21, 2021 about the measures existing and the measures to be taken in future to curb the grievances raised in the petition.[Read order here]