Delhi: Driving alone in a car without a mask is no longer an offence

The move comes two days after the Delhi high court termed the state government order which made it mandatory for people to wear masks even when they are travelling alone in cars as “absurd”.

People driving alone in cars in the Capital will no longer need to mandatorily wear masks, the Delhi Disaster Management Authority (DDMA) decided on Friday, removing among the most Kafkaesque of rules drafted, enforced, even legally sanctioned initially during the on-going pandemic.

A district magistrate who asked not to be named said authorities do not maintain data on fines levied on people for not wearing masks in vehicles. (REUTERS)

The move comes two days after the Delhi high court termed the state government order which made it mandatory for people to wear masks even when they are travelling alone in cars as “absurd”.

The high court asked the Delhi government why the order was not being withdrawn.

The rule came into effect first on June 13, 2020.

A district magistrate who asked not to be named said authorities do not maintain data on fines levied on people for not wearing masks in vehicles.

Interestingly, in April, 2021, a single-judge bench upheld the rule, and justified it on the logic that a private vehicle on the roads is also a “public place”, perhaps underlining that people need protection from themselves. That ruling came on a bunch of four petitions which had challenged the levy of fine of ₹500 for not wearing mask even when alone in the car.

And so, those enforcing the rules continued to fine people ₹2,000 (the amount went up) for not wearing masks while driving cars.

The Delhi government’s health and family welfare department issued an order on Friday night ratifying the move.

“DDMA, after examining all the relevant facts related to the issue of penal provisions for not adhering to the Covid protocol of wearing of mask at public places, decided that…. the penalty .... will not be applicable to a lone person in a self-driven four-wheeler vehicle,” said the order, signed by the special secretary (health and family welfare).

After the meeting, deputy chief minister Manish Sisodia tweeted, “Wearing mask in car with a single person shall not be mandatory now in Delhi.”

“I had a heated argument with civil defence volunteers who stopped my car in Civil Lines a month ago just because the mask had slipped below my nose and they levied a ₹2,000 fine even though I was driving the car alone. It was the most absurd move. It is also not necessary to fine couples and family members when they are not wearing masks in cars,” said a person who did not want to be named because he works for the Delhi government.

Delhi high court lawyer Saurabh Sharma, who was fined ₹500 for not wearing mask when he was alone driving the car on September 9, 2020, and was one of those who challenged this initially, said his stand is vindicated.

“The writ came up for final hearing and was decided on April 7, 2021, when the second deadly wave of Covid-19 was raising its head and there was panic everywhere. The court did not find favour with my writ petition and dismissed the petition and looking at the high infection and mortality rate, I chose not to move forward.”

Dr Jugal Kishore, the head of the department of community medicine at Safdarjung Hospital, said DDMA has taken a rational decision because single person inside cars cannot spread the virus to others and is also safe from getting infected.

At least three district magistrates HT talked to stated that they will sensitise enforcement teams about the latest decision and ask them not fine lone drivers in the cars if they are not wearing masks.

“The copies of the order will be shared with all the enforcement teams and they will be sensitised.”

Around 400 enforcement teams – each team comprises of one executive magistrate and four civil defence volunteers – are currently in action across 11 districts in the Capital. Some of them are mobile teams while others are stationary ones. Before the Omicron wave, only around 150 enforcement teams were deployed.

A revenue department official said the fines are collected through treasury receipts. “The enforcement teams are required to deposit money collected against each receipt to the account branch every day. The copy of the acknowledgement is given to those fined,” said an official.

The official added that the enforcement teams also file details of people who those who do not pay fines on the spot.

“Such individuals are issued notices on their addresses. If they do not turn up after two reminders to deposit the fine, an FIR under IPC 188 (disobedience to order duly promulgated by public servant) will be registered,” said the official. IPC 188 entails imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both.

The money is deposited by the account branch in the treasury.