Observing that it cannot let an individual instill fear in the minds of the public without any scientific evidence, the Bombay High Court, on Monday, allowed airlines to operate without keeping the middle seat vacant. The HC has, however, asked all the airlines, including Air India, to strictly follow the guidelines that make mandatory the use of masks, gloves and face shields apart from protective gears.
A bench of Justices Shahrukh Kathawalla and Suresh Tavade said, "We are of the prima facie view that the safety and health of the passengers on board the aircraft qua Covid-19 is adequately taken care of even if the middle seat of the aircraft is not kept vacant on account of the passenger load and seat capacity."
"However, the civil aviation authorities and all other fight operators in the country shall, during the air travel of passengers, strictly follow and implement the guidelines issued by the DGCA," the bench added.
The judges were dealing with a petition filed by Deven Kanani (51), an Air India pilot seeking directives to the DGCA to keep the middle seat vacant, in order to protect passengers from getting infected by the deadly virus. He alleged that by not keeping the middle seat vacant while airlifting stranded Indians from abroad under the Vande Bharat Mission, the authorities compromised with the safety of passengers.
The contention was opposed by additional solicitor general (ASG) Anil Singh citing the report of experts in the civil aviation industry, which stated that it was impossible to maintain social distancing in a flight, as passengers will have to move around to go to the lavatory, exit the flight and even enter it.
"It appears that Kanani has failed to appreciate that even if the middle seat is kept vacant, the person/s at the window seat whilst getting out for going to the lavatory and thereafter returning back to his seat, is likely to touch (through his clothes) the persons/s sitting on the aisle seat/s. Therefore, if his argument is to be accepted, in every row of the aircraft only one passenger should be accommodated," the bench noted.
"We cannot allow an individual to instill such fear in the minds of the members of the public, without any scientific basis. We would rather follow the advice of experts, if their opinion is found to be fair and reasonable and not tainted with any arbitrariness / ulterior motives," the bench observed.
The judges said that Kanani failed to establish how the safety or health of the passengers qua Covid-19 is affected if the airlines fail to keep the middle seat vacant.
The judges further noted the guidelines issued by the union government with regards to unlock 1.0. It noted that the guidelines provided for maintaining social distancing were only for public places.
