Why are N-95 masks, sanitisers not on list of essential commodities: Karnataka HC seeks Centre’s explanation

The Karnataka High Court on Thursday asked the Central government to explain why it had excluded N-95 masks and sanitisers from the list of essential commodities, thereby allowing prices of both items to be controlled by "market dynamics", legal news website BarandBench.com has reported.

In March, the Centre had issued a notification including face masks and hand sanitizers in the list of essential commodities. This measure which was in effect till June 30.

A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Aravind Kumar stated in its order:

"The Central must explain this in the context of the fact that from July 1, 2020, the number of COVID-19 positive cases in different parts of the country have multiplied and in some parts of the country, it continues to multiply with speed. It follows that there will be more and more need for use of N-95 masks and hand sanitizers. In this context, the Central government will have to take a stand on oath whether the said items should be treated as Essential Commodities so that their avalaibility thereof and price will be effectively controlled. It will be an important factor in the fight against Coronavirus."

Counsel for the Central government, Additional Solicitor General MB Nargund, submitted that the Centre had gone ahead with the de-notification of masks and sanitizers from the list of essential commodities as there were no adverse reports showing their unavailability or fluctuation in prices.

The Bench further directed the state government to place the following set of details on record:

• Whether N95 mask and hand sanitizers are available in the market and if there any complaints regarding non-availability of the said items?
• Is there any price variation in N95 masks, manufactured by different manufacturers?
• At what price has the state government acquired large number of N95 masks for the benefit of frontline workers from time to time?

The Centre and state government will have to place their respective affidavits on record by August 17.

While passing the aforesaid directions, the Bench further opined that,

"It cannot be disputed that not only doctors and health workers are required to use N-95 masks but even common man is required to use N-95 masks as it is said that it works as a true protection against spread of COVID-19 virus."

The order was passed in an interlocutory application moved by advocate Shridhar Prabhu in a plea seeking availability of masks, PPE Kits etc. for frontline workers and private hospitals.

The matter will be next heard on August 18.