ITS MY CAR, ITS MY SPACE. NOT REALLY
By: 
Rubal Gauba
Date: 20 Apr 2021
Is your private car, a public place?
In Saurabh Sharma and others vs. Sub Divisional Magistrate (East) and others it was held by the Delhi High Court that wearing of the facemask is mandatory even while driving alone. The word ‘Public place’ is to be interpreted in the context of the Covid pandemic situation. and to determine it, the manner in which the coronavirus spreads is the crucial part. Referring to precedents, the Court said that the meaning of the term 'public place' changes from context to context.
However It is now settled and accepted universally that the corona virus spreads through droplets either through breathing of a person or from the mouth. The risk of exposure increases multiple times if a person comes into contact with a person who is infected and is not wearing a mask. The court said that there is a possibility of the droplets released by the person while driving alone in a car infecting others who may enter the vehicle hours later. Hence wearing of a face mask is compulsory and if the driver isn’t wearing it, a fine is to be imposed.
CASE BEFORE THE COURT
Four petitions were filed before the court challenging the imposition of a fine of Rs.500 on the petitioners, for not wearing face masks while travelling alone in private cars. The four petitioners were lawyers who argued that a private car cannot be considered a public place.
HELD BY THE COURT
Justice Prathiba M Singh said a private vehicle on the road is a public place and it is mandatory to wear a mask even when one is travelling alone in the car. “A mask acts as a suraksha kavach (protective shield) which would prevent the spread of the deadly virus,” the high court said, recalling that several experts, doctors and researchers have also emphasised on the need to wear face masks right from the early days of the pandemic.
It was also said that wearing a mask even in one’s own homes is encouraged if there are elderly persons or persons suffering from comorbidities. Since the inception of the pandemic, the wearing of masks has been one such measure that has saved millions of lives, Justice Singh observed.
WHY CORONA VIRUS CASES ARE STILL RISING
The Corona virus is still rampaging through India and its spread is showing no signs of slowing down. But despite this many people are not wearing masks. And even amongst those who do, the majority doesn't wear the mask properly. Most often the nose is not covered and nostrils are completely exposed, and at times both the nose and mouth are exposed, with the mask hanging around the chin. So many educational campaigns have been run on the benefits of masks and the correct way to wear them. However, people insist on ignoring this and are not bothered about taking basic precautions.
PREVENTIVE MEASURES
Face masks combined with other preventive measures, such as frequent hand-washing and physical distancing, can help slow the spread of the virus
Basics of how to wear a mask:
- Clean your hands before you put your mask on, as well as before and after you take it off, and after you touch it at any time.
- Make sure it covers both your nose, mouth and chin.
- When you take off a mask, store it in a clean plastic bag, and every day either wash it if it’s a fabric mask, or dispose of a medical mask in a trash bin.
- Don’t use masks with valves.