News By/Courtesy: Parimala Ronanki | 09 Apr 2021 9:34am IST

HIGHLIGHTS

  • Delhi high courts verdict on private car can be said as public place.
  • under what context it is regarded private car as public place.
  • verdict also covers the question of what is public place means.

In the recent judgment, the Delhi high court that it is said that even if you travel alone in the car wearing a mask is compulsory and if you are not wearing then even a fine can also be charged. The Delhi high court has upheld the Delhi government's decision. Delhi government's decision was if you are traveling in your car then wearing a face mask is mandatory. Even if you are traveling alone wearing a mask is mandatory. And called the mask a Suraksha Kavach for preventing the spread of the corona virus. the important thing that came out of this judgment that is if your car is on-road and moving then saying it is a private car that vehicle comes under public place. But why? So, the main question is why the Delhi high court has said this? So, the recent judgment is given by Justice Pratibha M Singh. In this judgment, she said that even if there is a single person in the car and traveling in the car. He/ she could be in danger of being exposed to the virus in various ways. And also stated that if you are going in a car it does not mean you just go in a car and come back. There will be some obligation for going in a car the person may have visited the market, workplace, or a busy street or some other place where there is floating. Then such person is required to have ventilation for that reason he/ she may keep their windows down. Then while traveling the person saw something on the street and wants to purchase it he/ she might Roll down the window and purchase it. So, here whenever you do such a thing here the car is not considered permanent. And further said that if you have gone to pick up any of your friends or any other person. it is possible that the person had didn’t wear the mask then that occupant can also be exposed to the virus. There are several other possibilities in which while sitting in the car one could be exposed to the outside world. The verdict reads. So, here another question raises is what is a public place then? Justice Pratibha in verdict said that the definition of the public place can be seen in various acts or enactments and various contexts. The court took note of the definition of public place in the latest motor vehicle act, the code of criminal procedure, the immortal traffic prevention act, prohibition of smoking in public places rules, and the narcotics drugs and psychotropic substance act. But the definition of the public place in each of these contexts is different it changes according to the circumstance you look upon. And here the judge of Delhi high court even took the example of supreme court saying that supreme court had a discussion regarding the public place and also it told before in the judgment that public place does not mean it can be only public property even private property sometimes can be said as public accessibility or public property. Context- public place in the context of covid. This is interpreted in the context because here the COVID-19 pandemic and to determine it, how the corona virus spread. By now all accepted and believe that the spread of the coronavirus takes place through the droplets while sneezing, breathing of a person, and through the mouth. By any manner like by coughing, speaking, spitting litter, etc. so because of this context Delhi high court has said that the car comes under public place. Another argument regarding this is if there is your hose that comes under fixed and the other one is road and if your car is going on the road then the road is a public place so here car also comes under public place until it is on the roads. If the car is placed in the house in your premises of the house, then it is private but if it hits on the road it becomes a public place. Delhi high court also stated the importance of masks in this verdict. it said that, All the institutions around the world whether it might be WHO or some other organization or government they have emphasized the requirement of wearing the mask. To stop the spread of the corona virus then wearing a mask is compulsory. And added that many other people have avoided the effect of the pandemic is because of the measure of wearing a mask. Wearing a mask has been one of the measures that have saved many people’s lives, justice Pratibha observed.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, 5thVoice.News shall not be responsible for any errors caused due to human error or otherwise.

Section Editor: 5thVoice.News | 10 Apr 2021 16:22pm IST


Tags : #judgement # COVID-19# mask.

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