Not wearing mask is violation of others Fundamental rights

Not wearing masks is violation of others Fundamental rights

The three judge bench of Supreme Court headed by Justice Ashok Bhushan and also comprising of Justice RS Reddy on Thursday while putting stay on Gujarat HC’s order which directed that those not wearing masks in Public places to do social service at COVID care centers after the government said that this order can do more harm to people. The court also sought for suggestions from Centre and State on ways to ensure compulsory wearing of masks at public places and maintain social distancing.

The court said the governments to ensure vigorous enforcement of System Operating Procedure (SOP) which was released by centre for compulsory wearing of masks and to maintain social distancing to avoid spread of COVID.

The court also observed that- “those people not wearing masks in public are violating the fundamental right (right to life and health) of other citizens.”

Solicitor general Tushar Mehta who was appearing for Gujarat opposed the HC order and said that its well intentioned and also said that its implementation will be bad. The HC passed such order on PIL filed by Advocate Vishal Awtani who complained about lack of necessary steps to reduce and avoid COVID.

The SC bench has asked for suggestions from Centre and State and said that- “there is SOP in place put by the Centre but how is it to be implemented?” the court has listed the matter to hear further in January.