The Indian aviation industry stands at a critical juncture. The proposition' Ude Desh ka Aam Nagrik' was proposed by the government in 2016, and since then, efforts have been made to make it a reality. With increasingly crowded skies, ambitious growth targets, and an expanding airline fleet. The recent tragic Air India Crash in Ahmedabad shows that progress without proper safety measures...
The Indian aviation industry stands at a critical juncture. The proposition' Ude Desh ka Aam Nagrik' was proposed by the government in 2016, and since then, efforts have been made to make it a reality. With increasingly crowded skies, ambitious growth targets, and an expanding airline fleet. The recent tragic Air India Crash in Ahmedabad shows that progress without proper safety measures can result in devastating consequences. The Indian aviation sector faces unprecedented scrutiny as more than 200 lives were lost, which is the world's worst aviation disaster of the decade, as claimed by the authorities.
Bhartiya Vayuyan Adhiniyam 2024: A New Era?
India took a major step toward modernizing its aviation system by replacing the nearly century-old Aircraft Act of 1934 with the Bhartiya Vayuyan Adhinyam of 2024, which came into effect on January 1, 2025. This was a transformative moment for the Indian Aviation sector. The old act was enacted when the aviation industry in India was at a nascent stage. It had a lesser penalty and understanding of modern-day flying. The new legislation not only focuses on the establishment of three authorities, namely the Directorate General of Civil Aviation (DGCA), the Bureau of Civil Aviation Security (BCAS), and the Aircraft Accidents Investigation Bureau (AAIB), with distinct roles, but also aims to align India's position with global standards. The law introduced stricter penalties for violations, showing governments zero tolerance towards safety compromises. This also includes the immediate grounding of aircraft that fail to meet the safety standards. Let's analyse the new law through the lens of the incident that happened. In Chapter 5 of the Act, from sections 8 to 21, the authority of the central government is given. It has provisions for emergencies, accidents, construction regulations, etc. On a closer look at these sections, we can find that the government has been given the authority to place checks and balances on the aviation activities. Even the directions issued by the aviation sector are subject to review by the government. Section 18 of the Act grants the authority to the central government to prohibit or regulate the aviation infrastructure. In case of any loss or damage to the individual's property, the chapter also provides for the determination of loss or compensation. While this is a progressive step, the clause mandates settlement through mutual settlement, showing the method is still rooted in traditional means. And in case no settlement could be reached, the Central government has the sole authority under Clause (b) to appoint an arbitrator. The Supreme Court has tried to give a level playing field in the legal issues concerning arbitration agreements between public and private entities in the CORE II case. Further, it also held that allowing one party to appoint an arbitrator is violative of the fundamental right of equality under Article 14 of the Constitution.
Moreover, under Clause C, the Central government is responsible for the appoinntment of the individuals to asses the damage and compensation. Critiques argue that these provisions give more power to the central government rather than the aviation authorities, who are experts in dealing with such cases. As per Section 33, any appeal against the decision of the Director General of BCAS lies with the Central Government only. No further appeal is allowed, creating doubt of an arbitrary decision in aviation cases, as it undermines the independent functioning of the aviation authorities. While the act did make efforts to address issues related to loss and damage, the common issues like cancellation of flights, delay, and denied boarding were left unanswered. The act paves the way for the improvement of the aviation sector. By addressing these loopholes and decentralising the act, India can make the aviation sector sustainable and conducive for future growth and development.
Can Pilots be sued in India?
Under the old criminal laws, if a pilot was found to be negligent and their negligence led to an accident, they could face charges under Section 304 of the IPC (now Section 106 of BNS). In case of any damages, if found guilty, a suit can also be initiated against them under the Carriage By Air Act, 1972. The pilots are also provided with legal safeguards under this act, as no legal action under the act could arise in case of mechanical failure or bad weather, limiting their liability in cases of unforeseen circumstances. In cases of accidents, the pilots are required to fully cooperate with the Aircraft Accident Investigation Bureau. Thus, a balance is created under the Indian aviation law regime, where pilots are entrusted with greater rights and stronger legal protections.
The recent unfortunate incident of Air India has sparked controversy over whether the rapid expansion of India's aviation has outpaced its safety infrastructure development. The terrible reminder of the dangers of flying should not overshadow how much India has improved its civil aviation. The Bharatiya Vayuyan Adhiniyam 2024 shows that we are dedicated to learning from the past and building a robust framework for future growth. As we aspire to become the global hub for aviation, the question raised is not whether the sky is the limit but whether our reach to the skies is grounded in uncompromising safety standards or not. The new legislation paved the way for improvement; now it's up to the industry, authorities, regulators, and other stakeholders to use it efficiently and effectively. The ultimate goal is rooted in creating an aviation environment where every passenger can board a flight with full confidence, knowing that their safety is not only guaranteed by law but also a part of the Indian Aviation Culture. In this quest, there should be no limit to our commitment to safety. The response of the aviation industry to the recent tragedy will define the future of the aviation sector in India. But now with the robust legislation in place, the focus must shift to implementation, enforcement, and continuous improvement. The sky may or may not be the limit for India's aviation ambitions, but safety and confidence must remain the foundational stones upon which these ambitions soar.
The author is practising at the High Court of Lucknow, views are personal.