Omicron scare: Plea in SC seeks virtual rallies during polls & COVID-19 norms enforcement

Amid the Omicron scare, a PIL was filed in the Supreme Court seeking the strict enforcement of COVID-19 norms during the 2022 Assembly elections. Contending that the novel coronavirus cases are expected to rise sharply as Omicron has replaced Delta as the dominant variant, petitioner Vishal Tiwari argued that the processions and public gatherings pertaining to the upcoming polls in Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur need to be restricted. Therefore, he also asked the SC to direct the Election Commission of India to direct all parties to conduct its election campaign via the digital medium. 

The petitioner observed, That it is prominent and established that the instructions, guidelines issued by the Election Commission of India has remained forceless and has never witnessed ground level practical enforcement. The rallies, promotional campaigning and public gathering do not follow the principle of social distancing and compulsory mask wearing, the instructions have never been complied by the political parties. Such has derogated the notion of public health". At present, there are 358 Omicron cases in India. 

Omicron scare

The B.1.1.529 variant of COVID-19 was first detected in South Africa from a sample collected on November 9. As infections steeply increased in the country in recent weeks, it reported this variant to the World Health Organization on November 24. Two days later, the UN health body designated it as a Variant of Concern based on the recommendations of the Technical Advisory Group on SARS-CoV-2 Virus Evolution and named it 'Omicron'. 

While studies are underway to assess its transmissibility, severity of infection, the performance of vaccines and diagnostic tests, and effectiveness of treatments, the UN health body has advised physical distancing, wearing of masks and vaccination. In India, persons arriving from Europe, Countries in Europe, South Africa, Brazil, Botswana, China, Mauritius, New Zealand, Zimbabwe, Hong Kong and Israel have to get tested on arrival and observe home quarantine for 7 days. On December 21, the Centre revealed that Omicron is at least three times more transmissible than the Delta strain. 

ECI under fire for belated action

During the course of the election campaign in West Bengal, Tamil Nadu, Kerala, Puducherry and Assam earlier this year, the ECI attracted criticism for its rather belated actions to contain COVID-19 spread even as the second wave was at its peak. For instance, it banned campaigning between 7 pm and 10 am and increased the silence period to 72 hours on April 16 after the Calcutta High Court called for strict implementation of the COVID-19 curbs. On April 22, the poll body took more steps such as prohibiting roadshows and cycle, bike, and vehicle rallies and restricting public meetings to a maximum of 500 persons.

This order too came in the wake of the HC pulling up the ECI for failing to effectively enforce novel coronavirus guidelines. Meanwhile on April 26, a Madras HC bench led by the then CJI Sanjib Banerjee described the poll body as an "irresponsible institution" which should face murder charges for its failure to ensure compliance with COVID-19 norms in election rallies purportedly leading to a spike in cases. A day earlier, the Allahabad HC urged the Centre to stop rallies and postpone the UP election citing the threat of a "third wave" of COVID-19.