All HC | Why the U.P. Epidemic Disease COVID-19 Regulations, 2020 is not being implemented properly? ; People are not bothered of physical distancing norms

Allahabad High Court: A Division Bench of Siddhartha Varma and Ajit Kumar, JJ., while addressing the present Public Interest Litigation stated that, amidst the phased re-opening of the country from the nationwide lockdown due to COVID-19 Pandemic,

people have got a wrong impression that they can now freely mix with each other and move around.

It was noted that along with the revival of economy amidst COVID-19 Pandemic, various news reports suggest that the infection is also speedily rising.

The cause for the above is stated to be because of the fact that denizens of the State of Uttar Pradesh do not understand the concept of “Unlock-2”.

By Unlock-2, the experts of the Government had meant that even though economic and other activities would open up, people would have to be more careful. They would have to observe physical distancing in letter and spirit and also would have to stick to various precautions.

Bench has observed that that people are not at all bothered of the physical distancing norms and also about the taking of various precautions.

Primary Question

How the concept of physical distancing should be implemented and also as to how the wearing of masks should be enforced compulsorily?

Additional Advocate General, Manish Goyal assisted by A.K. Goyal submitted that they would be having a high level meeting with regard to the issue.

Bench adds on in the line of suggestions that incarceration and high fines be thought of.

We cannot understand why the Uttar Pradesh Epidemic Disease COVID-19 Regulations, 2020 is not being implemented properly which clearly envisages action under Section 188 of the Indian Penal Code. Also we cannot understand why Section 144 of the CrPC., which we are told is in force, is not being used.

Court has further asked Principal of Moti Lal Nehru Medical College to filed an affidavit giving details of the plan of the Plasma treatment and the availability of various medicines with them .

Additional Advocate General may also inform the Court about the policy of the State with regard to the initiation of home quarantine/isolation and about the facility of treatment which might be extended to patients through various private Nursing Homes.

While parting, Court stated that it expects that the denizens of U.P. become sensitive to the issue of physical distancing and would also help the administration by providing information about persons who come from out of State and were not observing physical distancing and were not quarantining themselves.

State of U.P. has been asked to strengthen its computer system in the administration as also their own establishments so that maximum work is done through Video Conferencing.

Present matter will be listed again on 20-07-2020. [Inhuman Condition at Quarantine Centres and for providing better treatment to Corona Positive v. State of U.P., 2020 SCC OnLine All 864 , decided on 13-07-2020]

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