The Madras High Court on Tuesday has expressed its satisfaction on the steps taken by the State Government to distribute free make face masks and hand sanitizers to people where the authorities are of the opinion that distribution of such free face masks and hand sanitizers would be in the interest of the general public.
The Court said, “the State cannot be mandated to make available free masks and hand sanitizers through Public Distribution System to the people living below poverty line. Eventhough there is no specific prayer made in the writ petition about the persons living below the poverty line, the petitioner, who is also a practising Advocate also, emphasized that the distribution through Public Distribution would include only persons who are living below the poverty line, as they alone are entitled to collect ration through the Public Distribution System and therefore, the distribution of face masks and hand sanitizers is necessary to persons living below the poverty line.”
The Division Bench of Madras High Court presided by Justice Dr.Vineet Kothar and Justice Pushpa Sathyanarayana dismissed the petition after hearing the State Govt and observed that “the distribution of free face masks and hand sanitizers to all members of public or even a section of public during COVID Times as prayed for in the writ petition cannot be directed to the State, as the Government has already issued reasonable guidelines in the matter and they are distributing free face masks and hand sanitizers to people where the authorities are of the opinion that distribution of such free face masks and hand sanitizers would be in the interest of the general public where they gather for buying their essentials etc. and that will prevent the spread of the COVID disease by gatherings in the containment zones or otherwise.”
The Courts Direction came on a plea filed by Advocate R. Dhinesh Kumar who sought directions to the State Govt to provide free face mask and hand sanitizer to all general public through the public distribution scheme in order to eradicate the pandemic disease COVID-19 and regulate its retails price in the market.
The petitioner orally requested the High Court though not mentioned in the prayer that the free face mask and hand sanitizer be distributed through Public Distribution would include only persons who are living below the poverty line, as they alone are entitled to collect ration through the Public Distribution System and therefore, the distribution of face masks and hand sanitizers is necessary to persons living below the poverty line.
The aforesaid plea was opposed by the State and submits that in the lockdown period, people are expected to remain at home, unless they come out for buying essentials. Therefore, the distribution of face masks and hand sanitizers to the people living below the poverty line who are living in their respective homes only is neither necessary nor can be mandated to the State and the same is not called for. He also submitted that washing of hands frequently with soap has been strongly recommended by the State.
-Madras High Court