Violators of mask and social distancing rules to be sent to community service at covid centres: Gujarat High Court direction to State govt

Ahmedabad: The Gujarat High Court has today directed the State government to come out with policy or directive to send all those caught without wearing or using face masks in the public place and violating social distancing for community service at any covid care centre run by local authority.

The High Court in its order said, violators would do at least four to five hours non-medical duty at covid care centre for five to fifteen days, as decided by authority, such as cleaning, housekeeping, cooking, helping, serving, preparation of record, data keeping etc.

Such service would be in addition to fine. Nature of duty assigned would be as per the age, qualification, gender and status of violators.

The Government will need to submit status report regarding compliance on 24 December.

The High Court bench’s directives were in response to Vishal Awtani’s plea.

Chief Justice Vikram Nath told Advocate General Kamal Trivedi, ‘I think this would help the State.’

The court in its order said:

‘……There are certain benefits of community service. The violators turn out to be a great resource for the state government / administration / nongovernmental organisations. It provides an opportunity to the offender / violator to have a first hand experience ofthe injuries caused or could be caused by him. It gives a constructive means of repairing the wrong done by him.It also gives an opportunity to the violator to improve and become more responsible……….’

‘………What is community service? Is it a sentence or punishment or reparation or reformation? We may record here that community service is not a punishment in its true sense but it is a kind of reparation. Concept of community service is widely accepted and implemented world over including some States in India. For the first time Community Service programmes began in the United States with female traffic offenders in Alameda County, California in 1966.Gradually it has spread all over and is a useful tool used as a deterrent for petty violations of law….’

‘……..A violator not wearing a face cover/mask is not only putting himself to risk but is also putting people near and around him or in close contact with him to risk.Such others could be his acquaintances, relatives,friends or strangers. In effect, 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.’

Operative part of the order:

For all the reasons recorded above, we are ofthe view that the State must come out with a policy ororder directing that all those caught not wearing facecover/mask shall be listed for community service andtheir services be taken depending upon the nature ofservice such violators can extend. We accordingly directthe State to forthwith comeup with the notificationunder the relevant statutes providing that in addition toimposition of fine, any person found not wearing facecover / mask to render community service taking thefollowing aspects into consideration :

[a]Any person found to be not wearing or using a face mask/covering in a public place and/or violating the COVID protocol of social distancing, shall be mandated to do community service at any COVID Care centre run by the local authorities.

[b]Such mandate of community service to be implemented for all violators without any discrimination favourable or otherwise.

[c]The duty should be non-medical in nature and can include activities such as, cleaning,housekeeping, help in cooking and serving the food, preparation of record, data feeding, etc.The nature of the duties given shall be appropriately decided by the authorities,considering the age, qualifications, gender and health status of the violator.

[d]Such community service should be for at least4-6 hours a day, for a period ranging from5-15 days as the authorities deem it fit and necessary. [e]Such instances should be widely publicized in the media, including social, electronic, digital and print media, so as to have a desirable deterrent effect.

Draft amendment is allowed. Let this matter be listed on 24.12.2020. By the said date a status report to be filed by the State respondents regarding the compliance

DeshGujarat