Recently, there were some concerning videos that circulated on social media, where people of the public were arrested or taken away, as they failed to wear their masks in public spaces. Many videos surfaced of people being carried into busses by public health inspectors (PHIs) fully adorned in hazmat suits, overlooking the fact that these people being arrested may not even have Covid-19.
This leads to a less controlled spread, as if the person is not infected, there is no need to risk their lives by lumping them in with potentially infected people. It was also seen that this seemed to only be taking place in the North, which raised the question of whether there was an ulterior motive in place. However, there was a similar case in Colombo recently as well. In light of this, we spoke to some relevant personalities about their thoughts on this issue.
Is it necessary?
Hashtag Generation Co-Founder and Director Senel Wanniarachchi commented that the violent apprehension of people, especially in the way that has been captured in the videos, is cruel and inhumane on one level, but observed that it can also have broader public health impacts.
“Such violent responses can increase stigma towards those infected and can contribute to the growing culture of treating those infected with Covid-19, and sometimes cause even those suspected of being infected of Covid-19 to be seen as criminals.” He explained that this stigma can isolate people and drive them to hide their illness to avoid discrimination.
When asked if he had an alternate solution to the issue at hand, he expressed: “Of course, it’s important to enforce laws, but we know it’s happening selectively, especially based on class and ethnicity. I think we should all demand a more empathetic public health response.”
Speaking to Brunch, Police Media Spokesperson Deputy Inspector General of Police (DIG) Ajith Rohana stated that such force is necessary. “It is not a necessity of the Police but of the health authorities. We are simply implementing the law according to their requirements, which is a method the World Health Organisation (WHO) has stated will help prevent Covid-19.”
We asked DIG Rohana if he thought there could be an alternate solution, rather than resorting to force, suggesting that prior warning could be given to those who don’t wear a mask, instead of having them arrested immediately, to which he stated: “I don’t have an opinion on that because we implement the rules and regulations given to us by the health authorities and the WHO.”
We also raised the concern that by arresting these people, wouldn’t the spread of Covid-19 increase in the already-crowded quarantine centres, or in jails, to which he commented that he cannot give an answer, as they need to get an opinion from the Epidemiology Unit. “Dr. Sudath Samaraweera, the Government’s Chief Epidemiologist, is the only one who can report on this, as we are not health experts.”
He added that his only request to the public is that they ensure to wear a face mask at all times, as events are prohibited at the moment, so there is no need to be without a face mask. He also urges the public to refrain from attempting to host events, as it is bound to increase the spread that they are trying so hard to contain.
An alternate solution
Adding to this train of thought, iProbono Equality Director Attorney-at-Law Aritha Wickramasinghe stated that the general public does need to be held accountable for not wearing a mask, and noted there should be some form of legal action if they are violating the law. However, he doesn’t think that this is the right way to go about it. “I don’t think the stigma around Covid-19 will get any better if means like this are used in attempts to decrease the spread. It will only add to people attempting to hide their illnesses.”
Unfortunately, Wickramasinghe explained to us, the Police can legally arrest people and take them away for not wearing the mask, as it was a recently instituted law. He posed the question “are we trying to stop Covid-19, or are we trying to increase it”, adding that the conversation we should be having is about a show of hope.
Wickramasinghe pointed out that there may be valid reasons for people to not wear the mask; for example, breathing problems, being financially unable to afford a mask, or that they may simply have dropped it. He thus observed that it is unfair of the Police to arrest people without any warning. He stated that there needs to be more communication through messages in languages that we understand in order to handle the exponential rise of the pandemic.
“Arresting people who are not wearing masks and putting them into crowded prison cells is not going to help with the pandemic, it’s actually going to worsen it,” he added.
We asked him if he had any solutions on how this situation could be handled better, to which he suggested that the Police keep a stockpile of masks on them at all times, and hand them out to people who are not wearing them and require that they wear it. “This is a better approach to community policing than carrying people away and throwing them into the police station.” This seems like a cheaper and cost-effective solution as well. If the Police want to reprimand people for the lack of a mask, then a fine would be a suitable charge, he stated.
Speaking to child rights activist, human rights lawyer, and Sisters-at-Law Founder Marini de Livera, she stated that police officers need to be given proper instructions – not to take them away, but give them a warning first. “There should be signs saying that masks should be worn at all times, so people don’t forget. It is also important that the general public is educated on why it is necessary to wear a mask before resorting to physical force.”
We asked her, if in the situation that the public was informed and educated on the necessity of the mask, and they still refused to wear it, would that give the police a valid reason to arrest people, to which she commented that the Police are not allowed to arrest without following a proper set of guidelines. “They need to be given a set of procedures on how to make the public wear masks, this needs to be a policy.”
Pointing out to de Livera that when these people are being taken away, there is a very high chance that the people around them will video or take photos of the spectacle and spread them on social media, we questioned her on whether this is a violation of human rights. She noted: “Yes, it is. This is indeed a gross violation of their rights.”
It is very clear that this method of “containing Covid” has caused more harm than good, and has begun instigating racism, sparking stigmas, and violating human rights. Right now, there seems to be only one solution to this problem – keep your mask on at all times.
