In response to a PIL (public interest litigation) filed by advocate and activist Armin Wandrewala on curbing the menace of spitting in public places when there is a surge in Covid-19 infections, Bombay High Court Chief Justice Dipankar Datta and Justice G. S. Kulkarni noted on April 7, 2021 that the suggestions of the petitioner are "acceptable and can be translated into action.”
The order directs "the civil/police/municipal administration to give wide publicity of the order by placing signboards/hoardings at conspicuous places/thoroughfares or through any other medium that is available for us, notifying the public of the danger of spitting in public and the consequence that one might suffer if found to violate the law regarding spitting. Such measures may be taken as early as possible, but not later than seven days from date.”
They noted that Wandrewala, who had appeared in person, "has instituted this PIL complaining that effective steps are not being taken by the civil/police/municipal administration to ensure that the (existing) provisions are strictly complied with… The petitioner has placed before us ‘suggestions’… intended to facilitate sensitization amongst all concerned so that there is no infraction of law by individuals who are prone to spit in public and thereby contribute to the spread of the pandemic… We find (these suggestions) to be quite fair, sensible and reasonable. We direct that the respective respondents may, without waiting for further orders to be passed by this Court, take appropriate steps as are considered desirable in the facts and circumstances to efface the menace of spitting.”
The respondents are K. M. Mastakar representing the Bombay Municipal Corporation and P. H. Kantharia, government pleader for the State of Maharashtra.
The Justices also noted that while the fine for spitters is Rs 1,200 on conviction, only Rs 200 is collected. The Court asked the municipal administration "to follow the extant law, once it is detected that there is an infraction of the law, unless there are other statutory provisions for lesser fines.”
In her petition, Wandrewala had noted: "The purpose of wearing a mask is to prevent coronavirus being spread by droplets of spit emitted into the atmosphere, inadvertently. That is why people are required to cover their mouths, and their noses, and more particularly, while coughing or sneezing. It is believed that the virus can also be transmitted while talking, if droplets or spit are thus emitted into the atmosphere. If that be so, and that is indeed so, then to spit on the roads, or in public spaces, is to facilitate the spread of germs, and/or coronavirus with much more vigor and intensity, when gobs of spit are disgorged into the atmosphere. The tragedy is, that since those wearing masks, lower the masks, to spit on the roads and in public spaces, this totally negates the very purpose of wearing a mask.”