Bombay High Court rejects pilot’s plea; allows airlines to fill middle seats on flights

The Bombay High Court on June 15 rejected the contentions raised by Air India pilot Deven Kanani, who said that the middle seats of all international and domestic flights should be kept vacant to contain the spread of coronavirus.

A division bench of Justices S J Kathawalla and S P Tavade of the Bombay High Court permitted all flight operators to allow passengers to occupy middle seats in flights, in strict compliance with norms and guidelines of the Directorate General of Civil Aviation (DGCA) on measures to prevent the spread of COVID-19.

The DGCA in its May 31 circular had directed that flight operators should try to keep the middle seat vacant but if it has been booked, then the passenger shall be provided with a wraparound gown in addition to the mask and face shield.

The Court said that the safety and health of passengers on board the aircraft with regard to COVID-19 virus should be adequately taken care of by the airlines even if the middle seat of the aircraft is not kept vacant on account of passenger load and seat capacity. The Court further stated that if possible, passengers from the same family or those travelling in one group could be allotted seats along with the middle seat.

Upon disembarkment, thermal screening of all passengers is carried out and they are thereafter compulsorily placed under institutional quarantine for seven to 14 days. According to the Court, it has not been established till date that any passenger, who tested positive, has been infected on board an aircraft.

It further said even if the middle seat is kept vacant, the person occupying the window seat, while getting out for going to the washroom and thereafter returning to the seat, is likely to touch the person sitting on the aisle seat. A high-level expert committee of the Ministry of Civil Aviation has specifically considered and rejected the suggestion that seats must be kept vacant between passengers, the Court said.