Keypoints:
- Private car is a “public place” and hence wearing mask is mandatory even if there is only one person in the car.
- Bench of Justice Pratibha M Singh said that a mask acts as “Suraksha Kavach”, which would prevent the spread of the deadly virus.
- On Tuesday, Delhi reported 5,100 new infections, the highest in this year so far.
On Wednesday, Delhi High Court said that wearing mask is mandatory even in private vehicles even if there is only one person in the car, since the car is considered as “public place”. The mask acts as “Suraksha Kavach” which will help in preventing the spread of the deadly virus, said bench of Justice Pratibha M Singh.
“Wearing of a mask of a face cover in a vehicle, which may be occupied by either a single person or multiple persons, is… compulsory in the context of the Covid-19 pandemic,” the order said.
Delhi High Court was dismissing four petitions challenging the collection of fine in cars when the drivers were found without a mask.While dismissing the petitions, the court also chided the lawyers of the petitions challenging the mandatory mask rule. The court observed that if the lawyers adhere to the rule, common public will be encouraged to follow the same.
Court also noted that wearing of masks is encouraged even within the home if there are old aged people or people with co-morbidities. As such, it was held that “a vehicle even if constituted by one person would constitute a public place.. wearing of mask would be compulsory.”
The Central Government also stated that, while the Government of India and the State governments were working in collaboration to tackle COVID-19 pandemic, the same did not include any direction from it on mandatory wearing of masks when a person is alone in a vehicle.
While replying to the Supreme Court judgment on the issue, the government of Delhi submitted that when a private vehicle passes through a public road, the public has the opportunity to “approach the private vehicle” and have access to it.
