[COVID-19] Fellow passengers' refusal to wear masks on Kolkata-Delhi flight prompts Delhi High Court judge to register suo motu petition

Obstinate fellow passengers on a Kolkata -New Delhi flight who refused to wear masks properly and adhere to Covid-19 protocol despite repeated exhortations, has prompted Delhi High Court judge, Justice C Hari Shankar, who travelled on that flight, to register a suo motu writ petition in this regard. .In an order passed on Monday, the Court said that "it is constrained to pass the present order because of an alarming situation which was witnessed, by the Court, during the Air India flight from Kolkata to New Delhi on March 5, 2021."."It was noticed that, though all the passengers had worn masks, many passengers had worn the masks below their chin and were exhibiting a stubborn reluctance to wear their masks properly. This behaviour was seen not only in the bus transporting the passengers from the airport to the flight but also within the flight itself," the Court noted..The judge himself made repeated requests to the offending passengers after which they condescended to wear their masks properly, the order further said. ."It was only on repeated entreaties made (by me) to the offending passengers that they condescended to wear their masks properly. On the cabin crew being questioned in this regard, they stated that they had directed all the passengers to wear masks, but were helpless in case they did not comply," Bench stated. .The Court also noted that it made attempts to trace from the internet, the latest guidelines of the Directorate General of Civil Aviation (DGCA), regarding the protocols to be followed by passengers undertaking domestic air travel. "Unfortunately, the website of the Directorate General of Civil Aviation does not contain the latest guidelines, issued with regard to in-flight protocol to be maintained by the passengers and the crew. The guidelines available on the website of the DGCA – which, too can be accessed, only after an intrusive navigation through the site, are of 21st May, 2020." .The Court, therefore, registered suo motu case and issued guidelines for immediate compliance by all airlines as well as by the DGCA..The following guidelines were issued by the Court:The DGCA is directed to reflect, forthwith, on its website, prominently, the instructions containing the guidelines and protocols to be followed by passengers and in-flight crew in domestic flights. This shall be reflected on the main website of the DGCA, without requiring the person accessing the site to navigate through various links to reach the instructions. The DGCA will ensure that prominence, to the instructions, or to the weblink through which they can, by a single click, be accessed, is accorded, by displaying them in a distinct and different font, blinking or otherwise, or by any other suitable means.All airlines are directed to ensure that, along with the boarding pass, written instructions regarding the protocol to be followed by passengers in flight, including the measures that could be taken against them on failure to follow the protocols, are provided to the passengers. The passengers should also be duly sensitised regarding their responsibilities, to abide by saidprotocol, both before as well as after boarding the flight. The in-flight announcements which, presently, merely require the passengers to wear masks at all times, should be modified to include a cautionary word regarding the penal action that could be taken against them in the event of default.In-flight crew shall carry out periodical checks of the aircraft, in order to ensure that all passengers are complying with the protocol to be followed by them in flight, especially regarding wearing of masks. It is made clear that masks should be worn as directed by governmental instructions, covering the nose and mouth, and not worn merely covering the mouth or below the chin.In the event of any passenger being unwilling to follow this protocol prior to the flight taking off, the passenger should be offloaded without delay. If a passenger, despite being reminded more than once in flight, refuses to follow this protocol, action should be taken against the passenger in accordance with the guidelines issued by the DGCA or Ministry of Health and Family Welfare, including placing the passenger on a “no-fly” regimen, either permanently or for a stipulated, sufficiently long, period.It shall be the responsibility of the in-flight crew to ensure strict compliance, by the passengers, with the aforesaid protocol. In order to ensure compliance, the DGCA may consider sending random observers on flights, without prior information, who would check to ensure that the COVID protocols are followed in flight.Strict enforcement of all penal provisions, which could visit delinquent passengers who refuse to abide by the COVID protocols to be maintained in flight, should be ensured. There should be no relaxation whatsoever in that regard.It is noticed that the guidelines of the DGCA do permit relaxation from the requirement of wearing masks in exceptional cases. Such relaxation, if necessary, should be allowed only in cases which are truly exceptional, such as for medical reasons, after a conscious assessment and evaluation of (a) the necessity of the passenger to fly and (b) the justifiability of the passenger’s refusal to wear the mask, weighed against the risk to public interest involved if the passenger is allowed to travel without a mask. In deserving cases - which should be the exception, not the rule - the airline should take steps to isolate the passenger so that he is kept at a safe distance from other passengers in the flight..The DGCA, the Ministry of Civil Aviation and Ministry of Home Affairs, as well as all airlines operating in the domestic sector, have been directed to take all steps in order to ensure that these guidelines are complied with..In case any airline repeatedly fails to ensure compliance with the said guidelines, penal action is to be initiated, in accordance with law, the Court made it clear. .The Court also said that it is the duty of each of us to contribute towards this end and pointing fingers at the Central and State Governments, who have formidable tasks to deal with, and are doing all they can, is of no use whatsoever. "Each of us, as members of a conscious and conscientious citizenry, is required to be sensitive and sensitized in equal measure, and to strain every sinew to keep the pandemic at bay. If the citizenry becomes complacent, no Government, howsoever activated and alive to the situation, can help," the Court added. .The matter will now be taken up next on March 17..[Read Order]