This is an archive article published on June 6, 2020
Virus can’t be transmitted if PPE is worn, expert panel tells HC; airlines allowed to keep middle seat occupied
The Bombay High Court allowed airlines to keep middle seats occupied provided SOPs are followed and in strict compliance with DGCA guidelines until further orders
Passengers at Kempegowda Airport in Bengaluru after arriving in a special A-I flight from Frankfurt. (PTI)
The Bombay High Court on Friday directed all airlines providing domestic and international services including Air India to abide by the May 31 circular of the Civil Aviation ministry that allowed middle-seats to be occupied provided the passenger wears ‘wrap-around’ gowns and standard operating procedures (SOPs) issued by the Directorate General of Civil Aviation (DGCA) are followed.
The expert panel of the Civil Aviation Ministry, while responding to a clarification sought by the Court, submitted that the novel coronavirus could spread by an inadvertent touch only if the droplet from a sneeze or cough of an infected person comes in contact with a non-infected person.
However, if the persons were wearing proper personal protective equipment (PPE) such as wrap-around gown, the virus could not spread through a mere touch.
Solicitor General Tushar Mehta submitted a clarification note by the expert committee to the Court which said that transmission of the COVID-19 through touch could happen only under certain circumstances if the protective gears are not worn and hands are not being disinfected.
The expert panel said, “If an infected person merely touches a non-infected person, the virus will not be transmitted unless the transmission takes place through droplet carrying the virus sitting on clothes and ultimately these reaching the mouth, nose or eyes of the other person.”
It is necessary that both the infected and non-infected persons are wearing mask and protective face shield and it is mandatory that prescribed protocol for putting on gown and removing it is strictly followed, the experts said.
A division bench of Justices S J Kathawalla and S P Tavade was hearing, through videoconference, a plea filed by Air India pilot Deven Kanani through advocate Abhilash Panickar, who alleged that the national carrier had violated social distancing norms while evacuating Indians stranded abroad on the special flights.
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Following a May 25 order by the Supreme Court, the DGCA on May 31 had asked carriers to try to keep the middle seats on flights vacant or provide “wrap-around gowns” to passengers who are allotted such seats. The HC on Thursday had sought clarification from expert committee of Civil Aviation Ministry as to whether the virus can be transmitted by touch.
Moreover, private carriers IndiGo, GoAir and SpiceJet filed intervention pleas in the case and supported stand taken by Air India that the middle seats were being filled due to high demand by fliers and all precautionary measures laid down by the DGCA were being adhered to.
After hearing the submissions, the bench said that till it passes a detailed order. Till then, all domestic and international airlines have to comply with May 31 guidelines and SOPs issued by DGCA.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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Passengers at Kempegowda Airport in Bengaluru after arriving in a special A-I flight from Frankfurt. (PTI)
