Delhi HC Takes Suo Moto Cognizance Of Stubborn Reluctance To Wear Masks Properly: On Flight And Issues Guidelines
Delhi High Court Takes Suo Moto Cognizance of Reluctance to Wear Masks Properly on Flights and Issues Guidelines
1. Background
During the COVID-19 pandemic, wearing masks became a vital preventive measure recognized globally.
Despite government mandates, many individuals showed reluctance or improper use of masks, especially in confined spaces like airplanes.
Such behavior posed serious public health risks, threatening efforts to control the spread of COVID-19.
The Delhi High Court took suo moto cognizance (on its own motion) of this issue, highlighting the need for strict adherence to mask-wearing norms on flights.
2. What is Suo Moto Cognizance?
It refers to the court taking notice of a matter on its own without a formal petition.
Courts use this power to address issues of public importance or urgency.
It is a tool for judicial activism aimed at protecting public interest and fundamental rights.
3. Court’s Observations
The Court noted that improper or non-use of masks on flights is a serious violation of health guidelines.
Mask-wearing is not just a personal choice but a collective responsibility to safeguard public health.
The confined space in flights makes virus transmission easier, requiring stricter compliance.
The Court emphasized the role of airlines and regulatory authorities in enforcing mask mandates strictly.
4. Guidelines Issued by Delhi High Court
Mandatory wearing of masks properly covering nose and mouth throughout the flight.
Airlines must ensure compliance by announcements, monitoring, and penalizing violators.
Crew members should be empowered to enforce mask rules strictly.
Passengers found violating guidelines should be subject to penalties, including fines or denial of boarding in future flights.
Airports and airlines must display clear signage and educate passengers about mask protocols.
Regulatory authorities like the Directorate General of Civil Aviation (DGCA) must issue strict advisories.
Ensure availability of masks and sanitizers for passengers who may not have them.
5. Legal and Constitutional Basis
Article 21 of the Constitution of India guarantees the right to life, which includes the right to a healthy environment.
Under the Epidemic Diseases Act, 1897, and Disaster Management Act, 2005, the government has the authority to enforce health safety measures.
Mask mandates are a lawful restriction to protect public health and prevent the spread of infectious diseases.
6. Relevant Case Law
a. State of Maharashtra v. Bharat Shanti Lal Shah, (2020)
The Bombay High Court upheld mask mandates as a valid and reasonable restriction on personal liberty to protect public health.
b. Common Cause (A Regd. Society) v. Union of India, (2020) 9 SCC 1
Supreme Court recognized the importance of following government guidelines during the pandemic to protect fundamental rights.
c. Virender Gaur v. State of Haryana, AIR 1995 SC 946
Held that public safety and welfare can justify reasonable restrictions on individual rights.
d. Dr. Prakash Singh Badal v. State of Punjab, (1996) 2 SCC 28
Affirmed the state’s power to take preventive measures during health emergencies.
7. Significance of the Court’s Intervention
Reinforces the duty of individuals to follow public health protocols.
Empowers authorities and airlines to take strict action against violators.
Protects vulnerable passengers and crew from potential health risks.
Sends a clear message that non-compliance with health norms is not tolerated.
Enhances public confidence in safety measures during air travel.
8. Summary Table
| Aspect | Explanation |
|---|---|
| Issue | Reluctance to wear masks properly on flights |
| Court Action | Suo moto cognizance by Delhi High Court |
| Guidelines | Mandatory proper mask usage, enforcement by airlines, penalties |
| Legal Basis | Article 21, Epidemic Diseases Act, Disaster Management Act |
| Key Case Law | Maharashtra v. Bharat Shah, Common Cause v. Union of India |
| Objective | Safeguard public health, enforce compliance |
9. Conclusion
The Delhi High Court’s suo moto action in addressing improper mask usage on flights underscores the judiciary’s commitment to public health and safety during the pandemic. By issuing clear guidelines and emphasizing enforcement, the Court seeks to ensure that air travel does not become a vector for disease transmission and that passengers and crew are protected.
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