IRAC Case Analysis On Saurabh Sharma Vs Sub-Divisional Magistrate (East) And Ors.: Writ Petitions Challenging Mandatory Use Of Masks In Private Vehicles
Shireen Seema Sadiq, Advocate (State Bar Council of M.P.)
Introduction
Four writ petitions were filed in the Delhi High Court which challenged the imposition of fine of Rs.500 for not wearing face masks while travelling alone in a private car. All petitioners were learned lawyers. The writ petitions brought Covid-19 protocols in question. Sections 2 and 2A of the Epidemic Diseases Act grant the authority to establish such rules as may be necessary for the prevention and transmission of disease to the State Government and the Central Government, respectively. Once enacted, the above mentioned regulations must be followed by the general public, as well as any individuals or groups of individuals who are subjected to them. Violations of restrictions imposed by state governments or the central government are subject to the penalties set out in Section 3 of the Epidemic Diseases Act. As it was mandated by government to use the masks in public places, the case is concerned with the issue that whether a private vehicle should be considered as a public place and if only one person is in the vehicle, is wearing of mask necessary?
