Car is a “public place”, wearing mask is mandatory even if driving alone: Delhi High Court

Judge Pratibha M Singh had said, "Even if you are alone in the car, why object to wearing a mask? It is for your own safety.”

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Wearing a mask will be compulsory even if a person is driving alone in the car, the Delhi High Court ruled today, terming the car as a “public place”. The court stated that a mask is a "suraksha kavach (safety armour)" for the person wearing it as well as those around. 

Judge Pratibha M Singh announced the decision while hearing a case involving fines for not wearing a mask while driving alone.

"Even if you are alone in the car, why object to wearing a mask? It is for your safety. The pandemic crisis has increased. Whether a person is vaccinated or not, they should wear masks,” the judge said.

Citing the advice of scientists and government worldwide, wearing a mask is the least one can do to safeguard against coronavirus, she added. 

The court said when a car stops at a traffic signal, a driver often has to roll down their window. "The coronavirus is so contagious that even in that time, anyone can be infected," it said.

The order has been passed on a petition filed by lawyer Saurabh Sharma, who approached the court challenging a ₹ 500 fine he was forced to pay when he was driving alone without a mask and was stopped by the Delhi Police.

The Union Health Ministry had told the HC that there was no law that a lone driver has to wear a mask, but every state is free to make its own rules and impose them. 

Delhi's government has supported the wearing of masks all in private or public vehicles and had also passed such an order in April last year.

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Although the Delhi government had announced the rule, the petitioner said that the Union Health Ministry had stated at that time that it was not necessary for a person driving alone to wear a mask.

Two more petitioners had challenged ₹ 500 fines that they were fined for going maskless while driving alone. They had even asked for compensation for "mental harassment".

 

 





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