Covid protocols violation by passengers in flights: Delhi HC issues guidelines

New Delhi: Taking note of the violation of COVID-19 protocols among passengers on board a Kolkata to New Delhi flight, the Delhi High Court on Tuesday registered a suo motu litigation and issued a seven-point directive to all airlines and the Directorate General of Civil Aviation (DGCA) to ensure strict compliance of norms.

The case pertains to when the the single-judge bench of Justice C Hari Shankar, on an Air India flight from Kolkata to New Delhi on March 5, witnessed that many people had worn masks below their chins and "were exhibiting a stubborn reluctance to wear their masks properly". The court said that the same was witnessed both on the bus transporting the passengers to the airport and inside the flight.

"To the perception of the Court, such a situation, in the present scenario, when the country is seeing a resurgence of COVID-19 cases, after they had shown signs of ebbing, is completely unconscionable," the court said. The court further said after trying to find the latest guidelines of the DGCA regarding the protocols to be followed by passengers undertaking domestic travel, the aviation body's website did not contain the latest guidelines pertaining to in-flight protocol to be maintained by the passengers and the crew.

Issuing a seven-point guideline, the court said that the DGCA should forthwith prominently reflect on its website, the instructions containing the guidelines followed by passengers and in-flight crew in domestic flights. "This shall be reflected on the main website of DGCA, without requiring the person accessing the site to navigate through various links to reach the instructions".

Airlines were also 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 passenger.

"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," the order read.

The court further said that in case any passenger is unwilling to follow the protocols before 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" regime, either permanently or for a stipulated, sufficiently long, period," the court said.

Justice Shankar further said that the DGCA may consider sending random observers on flights without prior information to check to ensure that the protocols are being followed. "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…" the court said.

It further said that relaxation of wearing in masks should be allowed in exceptional cases such as for medical reasons after thorough assessment and evaluation of the situation, adding that if any airline fails to adhere to the norms, penal action will be initiated in accordance with law. The matter has now been posted to March 17.