Restless & Reckless

With the pandemic continuing to surge and people walking around unmasked, the Brihanmumbai Municipal Corporation has decided to file FIRs under Section 188 of the IPC. Will this curb such callous behaviour?

- Dr KK Aggarwal

IN an attempt to slow down the spread of Covid-19, the health ministry has passed a notification mandating the wearing of masks in public areas, with citizens facing a possible fine if caught without one.

And this is precisely what happened on October 14, 2020, when the Brihan mum bai Municipal Corporation (BMC) filed its first FIR against a person for not wearing a mask. This took place in Chem bur under Section 188 of the IPC, whereby action can be taken against those who violate lockdown rules under the Epidemic Diseases Act. Section 188 prescribes punishment for disobedience of the lawful orders of a public servant, especially when the disobedience results in obstruction, annoyance or injury to any person lawfully employed.

The government can also invoke Section 270, IPC, which deals with a “malignant act likely to spread infection of disease dangerous to life”. It states: “Whoever malignantly does any act which is, and which he knows or has reason to 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.”

The BMC has intensified its campaign in this regard, especially in view of the fact that Mumbai is opening up and restrictions on several activities are being eased. Officials stated that wearing a mask and maintaining social distancing are vital to curb the virus spread and hence, they have been strictly enforcing it. Each of the 24 wards across the city has been given a target to penalise at least 1,000 people flouting the mask rule daily.