The Delhi High Court (“High Court”) has issued guidelines to be complied with by all airlines in light of COVID-19 pandemic.
These guidelines were issued pursuant to a sitting judge of Delhi High Court observing that certain passengers were neither wearing masks properly nor adhering to proper COVID-19 norms protocols on a flight from Kolkata to Delhi. The guidelines have been issued as Directorate General of Civil Aviation’s (“DGCA”) website does not have the latest protocols that has to be followed by passengers undertaking domestic air travel.
Key Highlights:
1. Airlines to ensure that written instructions regarding the protocol to be followed by passengers in flight including measures to be taken against them on failure to follow protocols are provided to passengers; inflight announcements to include cautionary word regarding penal action to be taken in case of default;
2. In-flight crew to carry out periodical checks of the aircraft, to ensure that all passengers are complying with the protocol to be followed by them in flight, especially regarding wearing of masks. The masks should be properly worn by covering the nose and mouth;
3. If any passenger is unwilling to follow this protocol prior to the flight taking off, the passenger will be offloaded without delay. If a passenger, despite being reminded more than once in flight, refuses to follow this protocol, action in accordance with the guidelines issued by the DGCA or Ministry of Health and Family Welfare will be taken against the passenger, including placing the passenger on a “no-fly” regimen, either permanently or for a stipulated period of time;
4. There shall be strict enforcement of all penal provisions for passengers who refuse to abide by COVID-19 norms;
5. There can be relaxation from the requirement of wearing of masks in exceptional cases such as for medical reasons, after a conscious assessment and evaluation of the necessity of the passenger to fly and the justifiability of the passenger’s refusal to wear the mask. 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.
6. DGCA to prominently display the instructions / guidelines that need to be followed by passengers and in-flight crew in domestic flights on their website.
Source: High Court of Delhi
