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In the Public Interest Litigation filed by Justice Brigade, the High Court of Kerala bench comprising of the Chief Justice S. Manikumar and Justice Shaji P. Chaly refused to instruct the Government to take immediate action to close down all the places where public gather, including shopping malls, schools, theaters, universities and tourist places in the State.
"Sale of the commodities, that are face masks and hand sanitizers at higher rates, shall be viewed seriously, and prompt action shall be taken in accordance with law", said the Court.
The Bench directed the Government to keep attention over the issues, monitor on a day-to-day basis, the number of cases reported for screening, number of persons quarantined, likelihood of spread of an epidemic situation and other similar factors.
The Court also observed that social gatherings are now stated to be one of the reasons for the community spread disease and that social distancing is the advisory of both, the Central and State Government. It is for the Government of Kerala to closely monitor the educational institutions, universities, shopping malls, theaters and tourist places in the State and such other places, where there is possibility of large gatherings.
This PIL is due to the Coronavirus pandemic (COVID-19) which is an infectious disease caused by a new virus.
The disease causes respiratory illness with symptoms such as a cough, fever, and in more severe cases, difficulty breathing.
As of 20 March, more than 255,000 cases of COVID-19 have been reported in at least 180 countries and territories, resulting in more than 10,400 deaths and 89,000 recoveries.
The bench while answering for the issue of face masks and hand sanitizers instructed the Government the following:
(i) To issue orders directing precautionary measures to prevent wide spread of community disease namely Covid-19, take stringent action against those, who take advantage of the situation and create an artificial scarcity of sanitizers and masks, and exercise the power under the Essential Commodities Act and the rules made therein forthwith, to regulate possession, sale and the price of essential commodities viz., masks and sanitizers and such other products, required for prevention and control of the spreading of the virus.
(ii) To take steps to keep constant vigil on all those, who are likely to sell sanitizers and/ or masks on higher rates.
(iii) To make known the advisories issued by the Government of India as well as the Government of Kerala to the public, by issuing paper publications. Government of Kerala is also directed to explore the possibilities of getting the assistance of voluntary organizations or institutions, who come forwarded to create awareness among the public.
(iv) To explore the possibilities of involving Non-Governmental Organizations (NGO) or any other institutions for manufacturing masks as well as sanitizers, as per the guidelines issued by the World Health Organizations.
(v) To explore the possibilities of directing the Health Department of Kerala or any other institutions for manufacturing masks and sanitizers.
In conclusion, the Kerala High Court has directed the Government to take emasdures to control the price rise of the essential commodities, like face masks and hand sanitizers, and ensure adequate supply of the said commodities in the State of Kerala, subject to maufacturing capacity.
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