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Old 17th June 2021, 16:43   #16
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Default Re: Can I challenge a 'not wearing mask' fine?

In March 2021, a person filed a case in Delhi High court about this. The court ruled that a car in a public place like road is an extension of public space and since there is a rule to wear mask in public so it is mandatory to wear mask in the car even if there is only one person in it. The court applied the same rule that exists for smoking and drinking inside the car parked or moving on Public road.
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Old 17th June 2021, 19:25   #17
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Default Re: Can I challenge a 'not wearing mask' fine?

You are questioning the imposition of the fine for not wearing a mask or removing it for drinking water and whether it is justified ? But in the eyes of the law and also from the court's perspective as has been said by many, the Delhi High Court has classified a car as a public place.

And the two deadly acts that apply in this instant case are the Epidemics and Diseases Act 1897 ( was in view of the plague epidemic in the country then) and the Disaster Management Act 2005.

Quote:
Epidemics and Diseases Act 1897

Section 2. Power to take special measures and prescribe regulations as to dangerous epidemic disease.

(1) When at any time the [State Government] is satisfied that [the State] or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the [State Government], if [it] thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as [it] shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.

(2) In particular and without prejudice to the generality of the foregoing provisions, the [State Government] may take measures and prescribe regulations for the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.

Section 2A. Powers of Central Government.—When the Central Government is satisfied that India or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease and that the ordinary provisions of the law for the time being in force are insufficient to prevent the outbreak of such disease or the spread thereof, the Central Government may take measures and prescribe regulations for the inspection of any ship or vessel leaving or arriving at any port in [the territories to which this Act extends] and for such detention thereof, or of any person intending to sail therein, or arriving thereby, as may be necessary.]

Section 3. Penalty.—Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code (45 of 1860).

Section 4. Protection to persons acting under Act.—No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act.
You can go through the Sections 1, 2 and 3 above. Section 4 is a saviour but very rarely will this proviso be used by a Judge to rescue anyone on whom a fine has been imposed. Please also mark the phrase "travelling by railway" in Section 2 (2) above that has been made bold. There were almost no cars in 1897 and hence "railway" etc can be interpreted in a broader sense as any mode of transport, including buses, cars, two wheelers etc.

The authorities hence have unbridled powers under this Act and maybe many are misusing these provisions to their advantage and to the other's disadvantage. As suggested by many others including Legal Eagle, it will be futile to challenge the fine as it will be a frustrating exercise of hitting one's head against a wall, robbing mental peace and also quite demanding and even at times stretching the limits in terms of money, patience and our well being and also that of the family members.

Retreat is one of the best ways to defend oneself in such exceptional cases.

Last edited by anjan_c2007 : 17th June 2021 at 19:32.
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Old 18th June 2021, 07:19   #18
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Default Re: Can I challenge a 'not wearing mask' fine?

Quote:
Originally Posted by iamitp View Post
I would like to underline that the objective of starting this thread is not to rant about the 'Mask fine' or report its imposition (same has been done on a different thread), but to rather [u][b]crowdsource legal mechanisms and remedies for challenging the imposition of such challans in a reasonable manner when we feel it has been imposed under unreasonable circumstances.
For two thousand bucks, I'd say the battle is hardly worth it, that too at a time when most of the legal/govermental entities will side with each other over the Disaster Management Act.

Let it go, LegalEagle has given you the best advice that a lawyer can give in this situation. I'm a renegade as well but I pick and choose battles that I can win, this is not one of them.

Of course I'll also say that if you choose to contest the ticket, you should build an exceptional case and bring it under violation of human rights (drinking water) etc, but sadly, even there they'll lock that theory up by saying the car is a public space and that mask rules are enforceable in public spaces.

Makes me almost feel happy that I'm in Bangalore, cops here are nowhere close to that aggressive, no civil law enforcers around and single driver without mask is permitted, I've driven over 300 km since lockdown opened, no one pulled me over yet.
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Old 18th June 2021, 11:58   #19
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Default Re: Can I challenge a 'not wearing mask' fine?

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Originally Posted by vinu_h View Post
Interesting discussion. I've never been fined, however the penalty in Karnataka is INR 250; surprised to 10x figures in other states. Pardon me for these many Q's. Just eager to know my rights.

1. Do any of you have the ORIGINAL challan ? Please share
2. Who is empowered to challan - Rank, dept etc ?
3. Do we HAVE to pay on the spot ?
4. Is the penalty amount defined in our laws ? If no, who decides - state or center ?
5. Can a maskless individual be arrested ? Is it a bailable offence ?
Please check the original post, you'll find details on 1., 2., 3., 4. and 5. there

Quote:
Originally Posted by sunando View Post
In March 2021, a person filed a case in Delhi High court about this. The court ruled that a car in a public place like road is an extension of public space and since there is a rule to wear mask in public so it is mandatory to wear mask in the car even if there is only one person in it. The court applied the same rule that exists for smoking and drinking inside the car parked or moving on Public road.
Not disputing the Hon'ble court's interpretation of the law, but searching for its modalities. Without an established mechanism for contesting the challan, you are breaking the law by drinking water in your car too, right?

Quote:
Originally Posted by silverstreakcbe View Post
Hence we cannot stop or change the way it is.
Yes this thread has made it all the more clear to me.

Quote:
Originally Posted by anjan_c2007 View Post
And the two deadly acts that apply in this instant case are the Epidemics and Diseases Act 1897 ( was in view of the plague epidemic in the country then) and the Disaster Management Act 2005.
Fun fact! The British introduced the Epidemic Diseases Act, 1897 to capture freedom fighter Balgangadhar Tilak.

https://indianexpress.com/article/ex...virus-6309925/


Quote:
Originally Posted by dark.knight View Post
Makes me almost feel happy that I'm in Bangalore, cops here are nowhere close to that aggressive, no civil law enforcers around and single driver without mask is permitted, I've driven over 300 km since lockdown opened, no one pulled me over yet.
You know after reading the experiences of Bangalore-based BHPians on this forum, I'm seriously considering moving from Delhi. Delhi has become a cesspool of poor roads, endless barricades, nonsensical speed limits and not extortionist challans.
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Old 18th June 2021, 13:34   #20
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Default Re: Can I challenge a 'not wearing mask' fine?

Quote:
Originally Posted by anjan_c2007 View Post

You can go through the Sections 1, 2 and 3 above. Section 4 is a saviour but very rarely will this proviso be used by a Judge to rescue anyone on whom a fine has been imposed.
I might be mistaken, but Section 4 appears to be a saving clause for officers or in this case, the Delhi volunteers inasmuch as any act done by them with good faith/ intention under the EDA, 1897, no suit shall lie against them.

Simply put, we cannot sue the officer personally for doing his duty under the Act. Similar provisions exist under other Acts as well, for example, Section 157 of the CGST Act,2017, says that no legal proceedings/ suit will lie against any act done by an officer in enabling the GST law.

=SECTION 157. Protection of action taken under this Act. — (1) No suit, prosecution or other legal proceedings shall lie against the President, State President, Members, officers or other employees of the Appellate Tribunal or any other person authorised by the said Appellate Tribunal for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

(2) No suit, prosecution or other legal proceedings shall lie against any officer appointed or authorised under this Act for anything which is done or intended to be done in good faith under this Act or the rules made thereunder.


Even if we might argue that Section 4 of the EDA,1897, only specifies "any person for anything done or in good faith intended to be done under this Act", the volunteer will simply say I am employed by the Delhi Govt. and I am only doing my duty in good faith and I'm protected by the Act itself.

In Telangana, if people are found without mask/ roaming after lockdown hours etc., the best-case scenario is they take your ID, issue an e-challan and send you home and the worst-case scenario is getting detained and get counseling, either way, you'll be liable for a fine for flouting the law.

Coming to this entire discussion, OP was issued with a notice, therefore, he can always challenge and submit his version, but in this case, the burden of proof lies on the OP to prove that he was not in violation of the Act with evidence and conclusively establish that the allegations of the notice are false. In the US and other jurisdictions, people routinely contest these claims because the fines are astronomical, and challenging a citation issued to them is not unheard of, but in the present case, as the other members have already pointed out, it is time and energy wasted, and as unfair as it may seem, it's easier to pay it out and close it just to save your time and energy.
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Old 21st June 2021, 16:44   #21
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Default Re: Can I challenge a 'not wearing mask' fine?

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Originally Posted by mak.prasada View Post
the burden of proof lies on the OP to prove that he was not in violation of the Act with evidence and conclusively establish that the allegations of the notice are false. it is time and energy wasted, and as unfair as it may seem, it's easier to pay it out and close it just to save your time and energy.
Sums it up, pretty much.

Now that it has been established, with views of many BHPians from different walks of life, that as far as the Mask challan is concerned - you are guilty until proven innocent and for most people, it is inexpedient to undertake the lengthy, obscure and expensive process of proving your innocence.

I hope that in the days to come, the present administration or their predecessors are able to gauge questionable benefits of the impugned law of fining a private vehicle drivers for not wearing a mask in a closed environment of a private car with its windows fully rolled up. It is ironic, that the same administration's officials often appear without masks in videos and pictures, shot a public office while vehicle owners are denied the same rights.

It is understandable that when the current public sentiment is that of panic and fear even our learned legal officials can pass judgements prejudiced towards the minority salaried taxpayer. Even the implementation of the challan seeks to target citizens who can pay the fine. Any resistance from us will not only be met with non-cooperation from the law of the land but also stigma from the society-at-large who will be happy to offer our reason as a sacrifice in the absence of alternative scapegoats.

Some questions, like the ones below, may never be answered:

-Why aren't beggars, hookers, peddlers on the same traffic signals never fined by the CDVs?
-Why does the police and administration turn a blind eye to the mass-maskless gatherings at mandis and wholesale markets?
-Where were the CDVs when Delhi had a real oxygen crisis and people were left to fend for themselves when it came to cylinders, ventilators, ICU beds, medication, cremation etc?
-Hon'ble CM of Delhi spent lakhs on a 'War against Pollution' campaign in the preceding months. Why wasn't that money spent on preparing Delhi's defences against Covid-19?
-How much money has been collected as Challan since March 2020 and how will it be utilized?
-Who are the CDVs? How are they recruited? Is there any political party bias for AAP supporters?
-Who will take responsibility for the behaviour for CDVs? When they commit theft and extortion in the guise of empowered 'volunteers'?

Up until then, I will pay my taxes, obey my laws and pay the challan on time.

Last edited by iamitp : 21st June 2021 at 16:45.
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Old 24th June 2021, 03:11   #22
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Default Re: Can I challenge a 'not wearing mask' fine?

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Originally Posted by AKSarkar1 View Post
[/b]you have the right to refuse to give the volunteer the ID card directly and wait until a senior or uniformed officer arrives. Never stopping is NOT an option.
Are these CDVs wearing uniform? If not, then I think "Never stopping" is also an option because it could be snatchers or rogues trying to rob me for all I know and I am not required to stop for any Tom Dick or Harry (which could be the case even if they have a uniform, as it can be sourced/faked I guess).
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Old 27th June 2021, 11:14   #23
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Default Re: Can I challenge a 'not wearing mask' fine?

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Originally Posted by SchrödingersCar View Post
Are these CDVs wearing uniform? If not, then I think "Never stopping" is also an option because it could be snatchers or rogues trying to rob me for all I know and I am not required to stop for any Tom Dick or Harry (which could be the case even if they have a uniform, as it can be sourced/faked I guess).
They are in uniform very similar to Delhi Police. But that's a whole different controversy. Some of them posed as fake Policemen and extorted money from public. Delhi Police has apparently requested the Home Ministry to mandate a different uniform.
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Old 27th June 2021, 12:40   #24
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Default Re: Can I challenge a 'not wearing mask' fine?

There was a time when bank security guard would shoot at masked men entering the bank.

Now the world has gone topsy-turvy. Now you can get shot for not wearing mask while entering the bank.

https://www.indiatoday.in/coronaviru...348-2021-06-25
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