The problem of Spitting or Not Wearing Mask in Public places
CORONA virus entered our lives without giving us any reaction time. The WHO declared COVID 19 a pandemic. From time-to-time World Health organisation, the Medical Council of India and State Medical Councils have issued various medical protocols relating to social distancing and hygiene. One of the most important measures which are common in all the protocols is wearing if mask in public places and no spitting.
Mask is important not only to protect ourselves but also to protect others from the spread of the virus. It is observed that the virus may travel in air/ aerosol on sneezing, coughing etc. A COVID positive person not wearing a mask may jeopardise the health of other persons and can endanger their lives. The chances of infecting get increased in compact spaces like lift, common corridors etc.
In our day-to-day life, all of us must have encountered the so-called stoic incorrigibles who flagrantly flout the medical guidelines by not choosing to wear mask. They also try to persuade others by projecting mask as useless stuff. But what can a normal individual do against them? Even if we dare to object, what is the guarantee that these flouters will abide by our advice?
The question is what action can be taken against a person or group of persons who don’t wear mask in a public place or spit?
Directions from Disaster Management Authority
The Delhi Disaster Management Authority, GNCTD vide its order dated 10.07.2021 has mandated the authorities concerned shall be responsible for ensuring COVID Appropriate Behaviour viz. wearing of masks, maintaining social distancing, regular hand washing and use of sanitiser, maintaining health hygiene, no spitting etc. It further directs that in case of non-compliance the defaulter shall also be liable for criminal prosecution under the relevant laws.
Vide aforesaid order the authorities like Delhi Police, Revenue Department, Health and Family Welfare, District Magistrates of Delhi & their counterpart District Deputy Commissioners of Police and all other authorities concerned have been directed to ensure strict compliance of this order and to take all requisite actions for effective adherence to COVID Appropriate Behaviour strategy. It also directs the authorities concerned shall adequately inform and sensitize the field functionaries about these instructions for strict compliance, in letter and spirit. The relevant extract is reproduced below:
“5. It is directed that all District Magistrates, District DCPs, Deputy Commissioners of Municipal Corporations / Officers of NDMC and Delhi Cantonment Board, Vice Chairman, DAMB & Secretaries of APMCs and all other authorities concerned shall be responsible for ensuring COVID Appropriate Behaviour viz. wearing of masks, maintaining social distancing, regular hand washing and use of sanitizer, maintaining health hygiene, no spitting etc. in all Shops, Malls, Markets, Market complexes, Weekly Markets, Restaurants & Bars, Mandis, ISBTs, Railway platforms / Stations, Public Parks & gardens, Gymnasiums & Yoga Institutes, Banquet Halls / Marriage Halls, Stadia/ Sports Complexes, Slum areas as well as at all areas identified as hotspots for transmission of COVIO-19 virus. It should be ensured that the people who visit these places strictly follow COVID Appropriate Behaviour and are wearing masks, maintaining social distancing etc. without fail. If the aforesaid norms of COVID Appropriate Behaviour are not maintained at any establishment/ business premises/weekly market, then such premises/ weekly market shall be liable to be closed for containing the spread of COVID-19 virus and the defaulter shall also be liable for criminal prosecution under the relevant laws.
In case any person is found violating the aforesaid instructions, the defaulting person(s) shall be proceeded against as per the provisions of section 51 to 60 of the Disaster Management Act, 2005, Section 188 of IPC and other applicable laws”
Legal Provisions
Offences under The Disaster Management Act, 2005
“Section 51 Punishment for obstruction, etc.
Whoever, without reasonable cause—
(a) ………
(b) refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this Act,
shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years.”
Offences Under Indian Penal Code, 1860
“Section 270 Malignant act likely to spread infection of disease dangerous to life.
Whoever malignantly does any act which is, and which he knows or has reason the believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.“
Section 188 Disobedience to order duly promulgated by public servant.
“Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;
and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.”
Offence under The Epidemic Diseases Act, 1897
“Section 3 Penalty. (1) Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code (45 of 1860).
(2) Whoever,–
(i) commits or abets the commission of an act of violence against a healthcare service personnel; or
(ii) abets or cause damage or loss to any property,
shall be punished with imprisonment for a term which shall not be less than three months, but which may extend to five years, and with fine, which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees.
(3) Whoever, while committing an act of violence against a healthcare service personnel, causes grievous hurt as defined in section 320 of the Indian Penal Code (45 of 1860) to such person, shall be punished with imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine, which shall not be less than one lakh rupees, but which may extend to five lakh rupees.”
From the mandate given by the Disaster Management Authority as well as from the provisions of the Indian Penal Code, Disaster Management Act and Epidemic disease act it is amply clear that flouting the directions in respect of COIVD appropriate behaviour by not wearing masks or spitting is a malignant act which is likely to spread the infection of disease dangerous to life and is made punishable under law.
How to lodge a Complaint?
In case one notices the COVID appropriate behaviour is not followed by anyone not wearing masks, social distancing, spitting etc., a complaint in this regard can be made to the police at 100 number or to the local police in the nearby vicinity. A complaint in this regard may also be made to the office of the District Collector concerned. The Police or District authorities may register a case and take action against the offender.
In case the violator leaves the spot, the police may nab the offender by tracing his identity through the CCTV footage or with the help of any public witness.
In case the person refutes the charges, the truth can also be ascertained by crosschecking the CCTV footage of Lifts, Common areas or public places etc. The mobile recordings, photographs etc (if available) may also come to aid. In cases where CCTV cameras or other electronic evidence is not available the statement of public witnesses may be recorded to punish the offender.
As per the media reports the country is sitting on the brink of the third wave of COVID-19. The virus is mutating and becoming lethal. All of us have faced the trauma of the death of near and dear ones due to COVID 19. Despite that, some incorrigible people are continuing with insensitive behaviour and endangering the lives of others. This is a time to show solidarity and enforce our ‘Right to Life’. No one is above law and these flouters shall be shown the iron hand of the law.
