Delhi HC Issues Order To DGCA In View Of Reluctance To Wear Masks On Flight

KEY TAKEAWAYS

The Delhi High Court on Tuesday issued guidelines to the Directorate General of Civil Aviation (DGCA) authorities and to ensure strict compliance with the same. The single judge bench of Justice C. Hari Shankar, noting an ‘alarming situation’ on an Air India flight flying from Kolkata to Delhi on March 5, took suo moto cognisance of the incident and laid down a set of directives to the airline with respect to in-flight COVID-19 protocols. Justice C. Hari Shankar observed and condemned that the passengers’ ‘stubborn reluctance’ to wear masks properly during the flight and issued directives for immediate compliance.

BRIEF ACCOUNT

The bench noted that even though all passengers were wearing masks, many exhibited a ‘stubborn reluctance’ to wear it properly, thus observing that the passengers were ‘blissfully ignorant’ of the protocol. It was noticed that even if the passengers had worn masks, many had worn it below their chin. The Court said that such ‘signs of ebbing’, observing the resurgence of COVID-19 cases, is absolutely unconscionable. Since passengers in the flight are in a closed air-conditioned environment, in case even one of the passengers suffers from the symptoms, the effect on the other passengers may be cataclysmic, as an asymptomatic COVID-19 carrier can be contagious to others if they are within even an arm’s length distance from the carrier.

“This behaviour was seen not only in the bus transporting the passengers from the airport to the flight but also within the flight itself. 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.”

Justice Shankar stated that, while he does not intend to criticise the efforts undertaken by the Government authorities to deal with the pandemic, he could trace any guidelines regarding the in-flight protocol on the DGCA website. The guidelines on the site were last updated in May, 2020. The Court thus issued guidelines for immediate and strict compliance, including periodical checks by the in-flight crew of the aircraft ensuring that the passengers are wearing masks. If any passenger is unwilling to follow protocol prior to the take-off, he/she should be offloaded without delay. If despite numerous reminders the passenger refuses to comply with the instructions, action shall be taken against the passenger in accordance with the directives issued by the DGCA or Ministry of Health & Family Welfare.

“It is the duty of each of us to contribute towards this end. Pointing fingers at the central and state government, who have formidable tasks to deal with, and are doing all the can, is of no use whatsoever. Each of us, as members of a conscious and conscientious citizenry, is required to be sensitive and sensitised 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 situation, can help.”

RECENT DEVELOPMENTS

The following guidelines were issued to the DGCA, ensuring compliance:

(i) Prominently reflect on its main website, instructions containing COVID-19 guidelines and protocols to be followed by passengers and in-flight crew in domestic flights, by displaying them in a distinct and different font, by any suitable means.

(ii) Consider sending random observers on flights, without prior information, to check that COVID-19 protocols are followed in flights.

The Court, along with the DGCA, also directed the Ministry of Civil Aviation, Ministry of Home Affairs, as well as all operational airlines in the domestic sector to undertake all steps to ensure that the guidelines are complied with.

In case the airlines repeatedly fail to comply with the following guidelines, the Court stated that penal action shall be initiated in accordance with the law:

(i) Handing over of written instructions on the COVID-19 in-flight protocol including measures on non-compliance to the passengers, along with the boarding pass.

(ii) Due sensitisation regarding passenger responsibilities both before as well as after boarding.

(iii) In-flight announcements which, presently, merely require the passengers to wear masks at all times, to be modified to include a cautionary word regarding penal action in the event of default.

(iv) Periodical checks of the aircraft by the cabin crew to supervise that all passengers comply with the protocol, especially regarding wearing of masks. 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.

(v) Immediate offloading of passengers unwilling to follow this protocol prior to the flight taking off, and action against the passenger in accordance with guidelines of 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 – in case the passenger refuses to comply despite reminders.

(vi) Strict compliance and enforcement of all penal provisions, with no relaxation whatsoever.

CONCLUSION

The Court mentioned that the issue registered as a suo moto public interest litigation (PIL) and listed before an appropriate bench hearing with PILs on March 17.

The High Court bench thus concluded its order, instructing the respective authorities to ensure that required steps and measures are taken to follow protocol in view of the pandemic situation.

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