Letter to Delhi Government Against Mandatory Installation of Aarogya Setu by Licensees of Wholesale Liquor Vends

 

Recently, the Department of Excise, Entertainment and Luxury Tax, New Delhi vide its circular no. F.L-1/Ex./IMFL/Mis./2019-20/1719 dated 27.10.2020 made Aarogya Setu mandatory for all the employees. It read as “mandatory use of Aarogya Setu by every worker”. The circular further requires all the bond inspectors “to ensure strict compliance of the above guidelines and submit a certificate regarding the same within 3 days to the undersigned.”

 

Recently, the Karnataka High Court, in its order dated 19.10.2020 in Anivar A Aravind vs. Ministry of Home Affairs (WP (C) 7483 of 2020) ordered that: “Neither the State Government not the Central Government or its agencies or instrumentalities can deny any benefit to a citizen only on the ground that he has not installed the Arogya Sethu application on his cell phone.” The Ministry of Home Affairs Guidelines for re-opening dated 30.09.2020 also make installation of Aarogya Setu on “best-efforts” basis.

 

SFLC.in wrote to Revenue Minister of Government of Delhi requesting him to reconsider this step. Read our letter here:

 

 

November 2nd, 2020

 

To
Shri Kailash Gahlot
Minister of Revenue,
Government of NCT of Delhi
L&N Block, Vikas Bhawan,
I.P. Estate
New Delhi

 

Sir,

 

Subject: Letter against mandatory installation of Aarogya Setu by licensees of wholesale liquor vends, Excise Department, GNCT of Delhi.

 

The Department of Excise, Entertainment and Luxury Tax, New Delhi vide its circular no. F.L-1/Ex./IMFL/Mis./2019-20/1719 dated 27.10.2020 has made Aarogya Setu mandatory for all the employees. It reads as “mandatory use of Aarogya Setu by every worker”. The circular further requires all the bond inspectors “to ensure strict compliance of the above guidelines and submit a certificate regarding the same within 3 days to the undersigned.”

 

We write this letter to inform you that Clause 8 of Ministry of Home Affairs Guidelines for reopening dated 30.09.2020 has made installation of Aarogya Setu on “best-effort” basis. Thus, the use of Aarogya Setu is only voluntary and not mandatory. Most recently, the Karnataka High Court in its order dated 19.10.2020 in Anivar A Aravind vs. Ministry of Home Affairs (WP (C) 7483 of 2020) ordered that “Neither the State Government nor the Central Government or its agencies or instrumentalities can deny any benefit to a citizen only on the ground that he has not installed the Arogya Sethu application on his cell phone.”

 

This is also to highlight that this step by Delhi Government does not consider the exclusion of employees who do not have smartphones or are differently-abled.

Through this letter, we urge you to make installation of Aarogya Setu voluntary on the lines of MHA Guidelines as well as the Order dated 19.10.2020 of the Karnataka High Court. We also urge you to follow the principle of consent and due process.

 

Yours sincerely,
Prasanth Sugathan
Legal Director,
SFLC.in
prasanth@sflc.in