Delhi High Court Asks DGCA To Periodically Review Guidelines Concerning Wearing Of Face Masks In Flights

The Delhi High Court on Monday asked the Directorate General of Civil Aviation (DGCA) to periodically review its guidelines concerning wearing of face masks in flights, while also adhering to the guidelines issued by the Government of India on COVID-19 protocols.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of an application filed by Bridging The Gap Foundation through Advocate Somnath Bharti seeking impleadment in a a suo moto case registered by the High Court following the experience of Justice C. Hari Shankar while taking an inland flight. 

It was noticed that the norms are not being implemented on ground with the seriousness with which they are framed.

The impleadment application thus sought directions on the DGCA to update the Court on the restrictions that should now be imposed on airlines for combating Covid-19 in the current scenario.

At the outset, the Bench orally remarked that the COVID-19 situation is not that severe, with the a very few number of cases being reported.

However, the Bench was of the view that it was not upon the Court to issue any directions to the DGCA on the aspect as the same fell within the domain of the Government.

"We are not the expert people. The Government of India is expect on the subject. The Government of India will ensure compliance of the guidelines," Chief Justice remarked.

"The DGCA will look into it and if necessary, it will pass appropriate orders," the Bench said, adding that the authority will be free to review the situation.

During the course of hearing today, the counsel appearing for DGCA apprised the Court that fines were imposed on various passengers who were violating the guidelines issued and that an action taken report has also been filed in this regard.

"Keeping in view the instructions issued by the Union of India from time to time….the DGCA shall do a periodic review and adhere to the guidelines issued by Government of India from time to time. The application is disposed of," the Bench ordered.

Earlier, the predecessor Bench last month suggested the DGCA to authorize the flight crew and airport staff to take strict action against passengers and other concerned persons not following Covid-19 protocol on flight or at the airport premises.

It had stated that Covid-19 pandemic had not abated and keeps springing up its "ugly head" every now and then and thus, it is absolutely essential to enforce and follow Covid-appropriate behaviour, especially in enclosed spaces like aircrafts.

Case Title: Court on its own motion v. DGCA & Ors.

Citation: 2022 LiveLaw (Del) 669