"Satisfied With Steps Taken By DGCA": Delhi High Court On Covid-19 In-Flight Protocol

A single judge bench of the Delhi High Court today remarked that it was extremely satisfied with the steps taken by the Directorate General of Civil Aviation pursuant to suo-motu cognizance taken by the court on the issue of passengers not wearing masks properly in commercial flights.The remarks were passed upon the DGCA's written reply submitted to the court today about the steps and safeguards taken by it upon the court's earlier direction.While traveling on an Air India flight from Kolkata to Delhi, Division Bench of Justices Navin Chawla and C.Hari Shankar had noticed that most passengers were displaying a wilful and stubborn reluctance to wear masks properly - not covering their noses/ mouths with the same.Noting that this behavior exposed fellow passengers to a risk of contagion by the Covid-19 virus, in a previous hearing the court had issued a slew of directions to the civil aviation authority and commercial airlines in the country to follow and ensure compliance in-flight Covid-19 protocol.Inter alia, he had directed the DGCA to:1. Prominently reflect on its main website, instructions containing Covid-19 guidelines and protocols to be followed by passengers and in-flight crew in domestic flights, by displaying them in a distinct and different font, blinking or otherwise, or by any other suitable means.2. Consider sending random observers on flights, without prior information, to check that Covid-19 protocols are followed in flights. He had directed the airlines to ensure:1. Handing over of written instructions on the Covid-19 in-flight protocol including measures on non-compliance to the passengers, alongwith the Boarding Pass.2. Due sensitisation regarding passenger responsibilities both before as well as after boarding.3. Inflight announcements which, presently, merely require the passengers to wear masks at all times, to be modified to include a cautionary word regarding penal action in the event of default.4. Periodical checks of the aircraft by the cabin crew to supervise that all passengers comply with the protocol, especially regarding wearing of masks. Masks should be worn as directed by governmental instructions, covering the nose and mouth, and not worn merely covering the mouth or below the chin.5. Immediate offloading of passengers unwilling to follow this protocol prior to the flight taking off, and action against the passenger in accordance with guidelines of DGCA or Ministry of Health and Family Welfare, including placing the passenger on a "no-fly" regimen, either permanently or for a stipulated, sufficiently long period – in case the passenger refuses to comply despite reminders.6. Strict compliance and enforcement of all penal provisions, with no relaxation whatsoever.The order had stated that, "In deserving cases - which should be the exception, not the rule - the airline should take steps to isolate the passenger so that he is kept at a safe distance from other passengers in the flight."

"Satisfied With Steps Taken By DGCA": Delhi High Court On Covid-19 In-Flight Protocol

Shreya Agarwal

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