Gujarat HC: Refraining From Wearing Masks Shall Lead to Pinching of Pockets

Must Read

Supreme Court Stays Bombay HC Judgment which said Groping without Skin Contact Not Sexual Assault under POCSO

The National Commission for Women (NCW) has challenged the Bombay High Court judgment where it stated that groping a child’s breasts without any ‘skin-to-skin’ contact will not be considered as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.

Supreme Court Classifying Employees Based on Educational Qualifications for Promotion or Appointment Is Neither Violative of Article 14 nor of Article 16

This case concerns the dispute relating to the classification of employees belonging to the homogenous group based on educational...

Supreme Court Refuses To Transfer Petitions To Itself Related To ‘Love Jihad’ Filed in Allahabad High Court

On Monday, the Supreme Court refused to entertain the plea which was filed by the UP Government regarding the transfer of all the pleas challenging the ordinance the court passed, from Allahabad High Court to the Supreme Court.

Bombay HC Nagpur Bench Holds That Groping a Girl Without ‘Skin To Skin’ Contact Is Not Sexual Assault

The Nagpur bench of Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) and convicted him of a minor offence under IPC stating that there was no direct physical contact.

Delhi High Court Restrains Publication of Book on “the Ryan School Murder”

The Order had come in an injunction application filed by the St. Xavier's Education Trust in Delhi. The Plaintiff...

Supreme Court Closed Proceeding in Case of “in Re: Advocate on Record Includes a Proprietary Firm Etc.”

Brief facts of the case Emails from the Petitioner resulted in an administrative decision. An Order of the Supreme Court...

Follow us

The Gujarat High Court observes the people being insusceptible to the fines levied on them for not wearing masks. The fines increased From Rs 200 to Rs 500 and now to Rs 1000 during the Covid-19 Pandemic. The order in the Suo Motu (taken up by the Court on its own) PIL was passed on July 24.

Issue Before the Court

Despite knowing the importance of masks, people are showing ignorance of the rules bestowed for their protection. Masks and face shields are the best preventive measures, the same recognized by decision-makers. But the people remain to show ignorance of the facts.

The High Court levied penalties on the people and this showed a rapid decrease in the number of violators. To be specific, the number of violators fell from 1630 to 390 on a daily average. But even having this 300-400 number of violations is enough to cause a wave in the area. This is intolerable if the main intention is to eliminate the virus. Moreover, even on knowing that a fine of Rs 200 to Rs 500 can be imposed on the violators, the people seem not to care much for the amount, and this led to another main issue.

Court’s Observation

The Court observed that the idea of a herd immunity clouds the minds of people. People are becoming relaxed and generating an idea that the community is gaining immunity altogether. However, the Court observed that this is far from true due to the exhaustive study conducted by the Ahmedabad Municipal Corporation. The Court also observed that the masks prevent the primary spreading reason for the pandemic, droplets. Also, it remarked that people pay more respect to the fines than facts.

The Court also noticed that the children and the elderly were the ones most vulnerable to the disease. And since, the children are the responsibility of the parents, they were to be fined heavily if the children were ever found violating the law.

Court’s Decision

The Gujarat High Court mentioned that the State Government should not timid away from taking “certain harsh steps” and if only the deterrence theory proves to be the only one attracting attention, then that had to be taken. The government must also make sure that they do everything to fulfil this huge responsibility on their shoulders. Further, the HC said:

“In doing so, the government may have to take certain harsh steps and measures such as banning public and religious gatherings, hiking up the fines for disobeying mask laws, punishing those severely who try to profit off people’s illnesses”.

The High Court also informed the state government to raise the fines charged on people from Rs 500 to a minimum of Rs 1000 for not wearing masks. This fine should be standardized throughout Gujarat and shall be irrespective of any kind of division. Rikshaw drivers and shop keepers should be fined if the passengers and the customers are not wearing masks. During a social gathering, the host must be held responsible for the people attending if they were found violating the law.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Supreme Court Stays Bombay HC Judgment which said Groping without Skin Contact Not Sexual Assault under POCSO

The National Commission for Women (NCW) has challenged the Bombay High Court judgment where it stated that groping a child’s breasts without any ‘skin-to-skin’ contact will not be considered as sexual assault as defined under the Protection of Children from Sexual Offences (POCSO) Act.

Supreme Court Classifying Employees Based on Educational Qualifications for Promotion or Appointment Is Neither Violative of Article 14 nor of Article 16

This case concerns the dispute relating to the classification of employees belonging to the homogenous group based on educational qualifications. Brief facts of the case The...

Supreme Court Refuses To Transfer Petitions To Itself Related To ‘Love Jihad’ Filed in Allahabad High Court

On Monday, the Supreme Court refused to entertain the plea which was filed by the UP Government regarding the transfer of all the pleas challenging the ordinance the court passed, from Allahabad High Court to the Supreme Court.

Bombay HC Nagpur Bench Holds That Groping a Girl Without ‘Skin To Skin’ Contact Is Not Sexual Assault

The Nagpur bench of Bombay High Court acquitted a man charged under the Protection of Children from Sexual Offences Act (POCSO) and convicted him of a minor offence under IPC stating that there was no direct physical contact.

Delhi High Court Restrains Publication of Book on “the Ryan School Murder”

The Order had come in an injunction application filed by the St. Xavier's Education Trust in Delhi. The Plaintiff sought ad-interim restraining order on...

Supreme Court Closed Proceeding in Case of “in Re: Advocate on Record Includes a Proprietary Firm Etc.”

Brief facts of the case Emails from the Petitioner resulted in an administrative decision. An Order of the Supreme Court has drawn up the issue...

Supreme Court To Hear Female Army Officers Plea on Non-Implementation of the Permanent Commission

Claiming that its order granting Permanent Commission to women in the army’s non-combat support units on par with the male counterparts was not implemented well, many Women Army officers have approached the Supreme Court.

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

More Articles Like This

- Advertisement -