Covid-19: Masks must in pvt cars, even if driving alone, says Delhi high court

The high court also came down on four lawyers who petitioned the court last year against fines imposed by the Delhi Police for violating the mask rule, observing that compliance by lawyers encourages common people to wear the masks.

It is compulsory for people to wear a mask in a private vehicle even if they are driving alone, the Delhi high court ordered on Wednesday, ruling that a private vehicle on the roads is also covered under the definition of a public place.

The judge said that a person driving alone could get infected while visiting a market, their workplace or a busy street, and go on to infect others who occupy the vehicle later. (ANI Photo)

The high court also came down on four lawyers who petitioned the court last year against fines imposed by the Delhi Police for violating the mask rule, observing that compliance by lawyers encourages common people to wear the masks.

A single judge bench of justice Prathiba M Singh held that a moving vehicle, even if occupied at a given point in time by one person, will be a “public place” due to the immediate risk of exposure to other persons in varying circumstances to the outside world.

“A mask acts as a suraksha kavach (protective shield) which will prevent the spread of the deadly virus,” the HC said, recalling that several experts, doctors and researchers have emphasised the need to wear face masks right from the early days of the pandemic.

The judge said that a person driving alone could get infected while visiting a market, their workplace or a busy street, and go on to infect others who occupy the vehicle later.

“If a person is travelling in the car alone, the said status is not a permanent one. It is merely a temporary phase. There could be other occupants in the car prior to the said phase and post the said phase. There could be elderly family members or children who may be picked up from the school or even simply friends or colleagues may travel in the car in the immediate future. Such persons can also be exposed to the virus if the occupant was not wearing the mask,” the court said in its 32-page judgment.

Saurabh Sharma, a lawyer who was fined ₹500 for not wearing a mask, had challenged the penalty in his petition filed in September last year. Sharma said the officers who imposed the fine had failed to provide any executive order to establish that it was mandatory to wear masks while travelling alone in a private vehicle.

Sharma’s petition echoed a view that had been articulated by many people on and off social media who argued that people should be allowed to take off their masks when driving alone.

“Advocates as a class, owing to their legal training have a higher duty to show compliance especially in extenuating circumstances such as the pandemic. Wearing of masks cannot be made an ego issue. Compliance by advocates and lawyers would encourage the general public to show greater inclination to comply,” said the court.

The Centre, which had first made it compulsory for people to wear masks in public places in April last year, did not take a stand and left it to state governments to see how they wanted to implement the rule.

Residents of the national capital, however, have reservations about the high court ruling.

BS Vohra, president of East Delhi’s joint resident welfare association (RWA) forum, said the decision was “not fair”.

“We have no option other than to obey the court order. But I think wearing a mask while driving a car with all windows closed should not be made mandatory. When all windows of a car are closed and the person is in the vehicle, then it is a private environment. The court should also take cognisance of political rallies and protests where hardly anyone is seen wearing masks or following social distancing norms,” Vohra said.

It is not clear if the HC’s ruling will persuade other states to review their stand on the matter.

Political parties seem to have opposing views on the ruling.

Mudit Aggrawal, vice-president of the Delhi Pradesh Congress Committee, said, “I urge the court to reconsider their decision… This will lead to unnecessary harassment and corruption without any actual benefits in controlling Covid-19 cases.”

The Bharatiya Janata Party (BJP), however, welcomed the decision.

Delhi BJP spokesperson Praveen Shankar Kapoor said, “We support the court’s ruling. We have even run mask and sanitiser distribution campaigns. We call upon our workers to encourage use of masks by distributing them wherever they are needed.”