India’s Constitutional Court Judge Registers Suo Moto Case to Sensitise Air Travelers

By Vineet Malik | March 10, 2021 | London, England

Justice C. Hari Shankar of Delhi High of Delhi High Court after observing callous conduct of air travellers, while flying on March 05 has initiated suo moto action against Air India, Director General of Civil Aviation (DGCA) and Ministry of Civil Aviation.

Suo moto refers to actions “on its own motion” initiated by a Judge in absence of a prior application or request from any individual.

The errant passengers flying from Kolkata to New Delhi in a flight operated by Air India conceded to proper wearing of face masks only after Shankar’s repeated insistence.

The court discovered that, the most recent guidelines issued by the DGCA pertaining to in-flight protocols to be followed by air travellers were missing on its website.

Consequent to the said development, the court has issued fresh guidelines in the said matter.

The guidelines entails proper wearing of face masks covering the nose and mouth, and not worn merely covering the mouth or below the chin.

A provision of action to be initiated against any passenger who doesn’t comply with the directions along with placing them on a “no-fly” regimen, either permanently or for a stipulated, sufficiently long, period.

Any relaxation to be granted for not complying with such directions could be exercised only in genuine exceptional cases, such as medical reasons after a thorough evaluation.

The court further directed the DGCA, the Ministry of Civil Aviation and Ministry of Home Affairs and all Airlines operating in the domestic sector to take all steps in order to ensure such guidelines.

The order states, “Each of us, as members of a conscious and conscientious citizenry, is required to be sensitive and sensitized in equal measure, and to strain every sinew to keep the pandemic at bay.”

The Public Interest Litigation (PIL) will be next heard before the Chief Justice of Delhi High Court on March 17 this year.

WP(C) No.3184-2021.pdf

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