Mask mandatory even if you are driving alone in Delhi, HC rules

The state government on April 6 imposed a night curfew from 10 pm to 5 am with immediate effect till April 30

The Delhi High Court on Wednesday ruled that a car or a private vehicle would be a public place, warranting even the lone occupant to wear a mask to prevent exposure to the coronavirus.

Maintaining that wearing masks cannot be made an ego issue, the court explained it is a 'Suraksha Kavach' (protective shield) for preventing the spread of the coronavirus.

"A vehicle even if occupied by only one person would constitute a ‘public place’ and wearing of a mask therein would be compulsory. The wearing of a mask or a face cover in a vehicle, which may be occupied by either a single person or multiple persons is thus, held to be compulsory in the context of the Covid-19 pandemic," Justice Pratibha M Singh said.

The court explained that a vehicle that is moving across the city, even if occupied at a given point in time by one person, would be a public place owing to the immediate risk of exposure to other persons under varying circumstances.

"If a person is travelling in the car alone, the said status is not a permanent one. It is merely a temporary phase," it said.

Such a person may have visited a market, or workplace, or hospital or busy street, prior to entering the car or vehicle. Such person may be required to keep windows open for the purposes of ventilation. The vehicle may also be required to be stopped at a traffic signal and the person could purchase any product by rolling down the window. The person may thus, be exposed to a street-side vendor, it said.

Also read: People question efficacy of Delhi's night curfew order

"The wearing of a mask is like a 'Suraksha Kavach' to prevent the spread of Covid-19," the court said, noting that a mask protects the person wearing it and also those exposed to him or her.

The wearing of a face mask was "one measure which saved millions of lives" during the pandemic, it pointed out.

The court further noted in its verdict that upon the outbreak of the pandemic, globally as well as nationally, scientists, researchers, international organizations and governments emphasised the importance of wearing facial masks to control the spread of the disease.

"In the absence of a complete definitive cure, the world continues to wrestle with the pandemic. The challenge of the pandemic was enormous at the outbreak of the same and even with the introduction of a few vaccines, the emphasis continues to be laid on wearing face masks. The wearing of masks is necessary irrespective of whether a person is vaccinated or not," it said.

The lawyers, in their pleas, had contended that the District Magistrates who were vested with the powers to impose fines could not have sub-delegated the powers to others.

Disagreeing with the contention, Justice Singh said that the definition of 'authorised persons' being inclusive and expansive in nature, District Magistrates were also vested with powers to further authorise any officers to issue challans.

"The list of officers, who were authorised is broad and in the opinion of this court, it has to be interpreted expansively and not restrictively...The challans have been issued by duly authorised officers. The prayer for quashing of the challans is thus not sustainable," the court said.

It further said that being lawyers and advocates, the petitioners "ought to recognise and assist in the implementation of the measures for curtailing the spread of the pandemic, instead of questioning the legality of the same".

Compliance with the measures by lawyers would encourage the general public to also comply with the same.

During the proceedings, the Ministry of Health and Family Welfare, represented by advocate Farman Ali Magray, had told the court that it has not issued any direction asking people to wear masks in a car when they are alone.

The ministry said health is a state subject and the Delhi government has to take a decision on it.

The Delhi government had told the court that wearing masks while driving an official or personal vehicle was made compulsory through an office order in April last year and it remained in force.

It also said a private vehicle was held to be a public place by the Supreme Court.