New Delhi: Kerala government’s move to relax Covid-19 protocols for Eid celebrations in areas where the test positivity rate (TPR) was more than 15 per cent shows a “sorry state of affairs” and doesn’t, in any manner, safeguard the right to life and health of the citizens, the Supreme Court said Tuesday.
A bench of justices R.F. Nariman and B.R. Gavai was hearing an intervention application filed before the court in the suo motu cognisance matter related to Kanwar Yatra. The application drew the bench’s attention to Kerala’ governments 17 July notification that relaxed lockdown restrictions in category D areas where stringent conditions were imposed due to the high positivity rate.
Under the restrictions, the opening of shops or any sort of trading was strictly prohibited. But the notification allowed shops, including those carrying out business in non-essential services, to operate for one day — on 19 July.
Noting the relaxation was “wholly uncalled for”, the bench ordered the Kerala government to pay heed to Article 21 (right to life and health) and Article 144 (All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court) and follow its orders to the Uttar Pradesh government on Kanwar Yatra.
The bench strongly condemned the state for “giving in” to pressure groups of traders. This remark was made when the court was informed that the Covid curbs were eased after traders threatened to keep their shops open notwithstanding the lockdown.
The traders had assured the state government to follow all Covid norms. However, the judges felt the state “blindly” accepted the promise, which, it added, “do not inspire confidence in the public of India or the court.”
It reiterated that “pressure groups of kinds, religious or otherwise, cannot in any manner interfere with the fundamental right to life and health.”
The court noted that even the state was mindful of the high positivity rate in the areas falling under category D, as the notification specifically stated only those with one dose of vaccine would be allowed to visit markets and shops.
“The aforesaid facts disclose an alarming state of affairs. To give into the pressure groups shows that the citizens of India laid bare to a nationwide pandemic and discloses a sorry state of affairs,” the court said.
Also read: Home to 1/3 of India’s daily Covid cases, over 10% positivity, why Kerala remains a worry
Restrictions eased to ‘alleviate misery’ of traders
The bench said if a result of the Kerala government’s policy leads to any untoward spread, then any member of the public can bring it to the notice of the court, which will act accordingly.
SC had on 14 July taken note of Uttar Pradesh’s decision to allow the Kanwar Yatra amidst the looming fear of a third Covid wave. On 16 July, it had warned the state against going ahead with the yatra, or else invite an order from the court prohibiting it.
Nudged by the top court, UP called off the yatra Saturday and informed the bench about it on 19 July. It was during this hearing that the court was also asked to look into easing lockdown restrictions in Kerala on account of the Bakrid festival.
In response to a court order, the Kerala government filed an affidavit late Monday night, claiming lockdown restrictions were relaxed to “alleviate the misery” of traders who implored the state to let them operate for a day so that sales during the festive season would bring them some respite from the economic slowdown.
However, senior advocate Vikas Singh, arguing for the intervenor applicant in the case, argued Kerala’s excuse indicated the breakdown of constitutional machinery in the state. He said somebody should be made accountable for this administrative lapse.
Also read: R-value rises for 1st time in 2 months, increase likely driven by Kerala, Maharashtra