The Bombay High Court on Friday said that no frontline worker battling the coronavirus pandemic should be ostracised. Instead, the court observed, they must be encouraged to work without any restraint.
The court made the statement while turning down a petition seeking accommodation for such workers, who work in Mumbai but have to travel from other cities or districts.
A bench comprising Bombay High Court Chief Justice Dipankar Datta and Justice Amjad Sayed was responding to a PIL seeking accommodation for such essential workers in Mumbai. The petition claimed that these workers were the one of the major carriers of COVID-19 and because of them, districts or cities like Palghar, Vasai-Virar, Dombivli, etc recorded a spurt in coronavirus-positive cases.
The plea was vehemently opposed by Ashutosh Kumbhakoni, the advocate general of Maharashtra, arguing that it was impossible to provide accommodation to such workers in Mumbai, who travelled from the neighbouring cities.
Having heard the contentions, CJ Datta said, "The essential staffers, having an onerous responsibility of discharging most important public duties, are perceived as carriers of infection, who could easily spread it among others, by the petitioners. Their fears of exposure to COVID-19 have been allayed by the authorities by stating that the essential staffers have been made to follow and adhere to the precautionary measures."
The bench further said that these workers must be encouraged to continue with their work and not be discouraged by forcing them to live away from their families.
"We are also inclined to the view that even if some of such staffers might have unfortunately been infected by COVID-19, that is no ground to sort of ostracise them. The authorities have been actively engaged in formulating policies to tackle the pandemic and these essential staffers have been tirelessly working to implement the measures for the overall benefit of mankind. It is a humane approach, which is the call of the moment," CJ Datta observed.
"The essential staffers, instead of being put to any disability because of their nature of work and also instead of being forced to reside in places away from their residences, should be encouraged to discharge their duty without fear of duress and restraint," the judges added.
The judges further said that these staffers have their own families and to ensure that none of their family members is infected, it is expected that they would themselves take the greatest care and act with caution so that they are free of the infection and do not transmit the same to their near and dear ones.
The bench accordingly dismissed the petition.
