Social distancing is essential for protecting health under Article 21, and unregistered bodies can seek public interest litigation if it addresses larger public concerns.

JUDGMENT

Dated this the 19th day of June, 2020 S. Manikumar, CJ Instant public interest writ petition is filed for the following reliefs:

(i) To direct respondents 1 & 2, State of Kerala represented by Chief Secretary and the Secretary, Transport (B) Department, Thiruvananthapuram - to forthwith ensure the strict/actual/practical compliance of social distancing norm in public places issued by respondent No.3, Ministry of Home Affairs, vide its Order No.40-3/2020-DM-1(A) dated 30th May, 2020, as mandated in national directives for COVID-19 management, in the clause 2);

(ii) To quash the impugned provision of Exhibit-P1 notification dated 2nd June, 2020, S.R.O. No.366/2020, allowing the buses to carry passengers in all the seats available in the stage carriers as it is in violation of Article 21 of the Constitution of India and above notification of Ministry of Home Affairs, and direct the respondents 1 and 2 to issue order directing passengers only to occupy 50% seats available, and to maintain a distance of six feet between passengers in public transport, till the vaccine for COVID-19 virus is invented or till the alternative solution is found or till the Central Government otherwise issues another order with respect to public transport/travel advisory;

(iii) To direct respondents 1 & 2, either to disinfect the vehicles and disinfect the seats when a passenger disembark;

(iv) To direct respondents 1 and 2, either to maintain six feet distance in the allocation of seats or to keep one passenger in one seat or in alternative seat or keep the middle seat vacant if it is a 3-seater chair to serve the purpose of social distancing in the buses with the stickers marking the seats to be left vacant.

2. Short facts leading to the filing of writ petition are as follows:-

Petitioner, a charitable non-registered organization, is constrained to file this public interest litigation against the impugned provision of Exhibit-P1 notification issued by the Transport Department, Government of Kerala vide No.GO(P) No 29/2020/Tran. S.R.O. No. 366/2020 dated 02.06.2020. The impugned provision is, “AND WHEREAS the Government have decided to relax the lockdown restrictions and decided to permit to carry passengers in all the seats available in the stage carriages". It is further stated that as per the impugned provision, State of Kerala has decided to relax the lockdown restrictions and as a result of which, permitted to carry passengers in all the seats available in the stage carriages. Petitioner has further stated that through the notification of Transport (B) Department, Government of Kerala vide SRO No. 333/2020 dated 19.05.2020, in order to effectuate the necessity of social distancing, Government have permitted to carry passengers not more than the 50% of seating capacity of the carriage. In the current situation, when it can be said that the spread of infection is almost on the verge of community transmission and where now more than 2 lakhs people have been infected in the country, State of Kerala has decided to relax the measures taken specifically for carrying out social distancing. The efforts of State of Kerala, in order to check the spread of COVID-19 has won accolades from across the globe, but the number of infected persons have grown up to 80 on the first day of June itself. Petitioner has further contended that the State of Kerala has tried its best to evanescence the COVID-19 out of Kerala and yet could not achieve the desired result, and the relaxation of social distancing measures during the lockdown period would adversely affect the health and life of people and would create dangerous repercussions, which can lead to loss of numerous lives.

3. Being aggrieved, the petitioner filed the instant writ petition on the following grounds:

A. The impugned provision of Exhibit-P1 notification issued by the respondents is arbitrary and harmful to the life and health of the people of Kerala, hence ultra vires.

B. The impugned provision of the noti