Calcutta High Court Declares Three Golden Cardinal Principles With Respect To COVID-19 Guidelines

Facts

The Petitioner highlighted some of the directions issued by the State of West Bengal in consonance with the advisory of the Government of India for management of the post-COVID-19 pandemic situation. Thus, the present writ petition was filed for the issuance of directions under Article 226 of the Constitution of India

Court’s Observations

The Bench of Hon’ble Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee laid down three golden cardinal principles about the enforcement of COVID-19 guidelines i.e.,

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1) Maintaining social distancing

2) Wearing of masks

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3) Sanitizing the hands

Further, it was held that as a social responsibility enshrined in Part-IV A of the Constitution, the citizens should act in consonance with the larger good.

Furthermore, the Court directed the Government to ensure that confrontation between the police and the people should not be permitted to happen as such situations would lead to the human rights violation. 

The Court also pointed out that the opening of several sectors, didn’t mean that all guidelines and safety precautions should be thrown to the wind and the Government should play its advisory role as the elected representative of the citizens beside its policing powers.

Judgement

The Hon’ble Court disposed of the instant petition by issuing directions to the State Government for the expeditious appropriate actions.

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Click here to view the Judgement.


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