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Suhani Dhaka,
Vivekananda Institute of Professional Studies
Introduction
The concept of aviation law gradually emerged with technological advancement and globalization. In today’s globalized world, economy of every country depends largely on exports and imports, immigration and emigration, tourism, and transport. Earlier, these transports, travels, exports and imports relied largely on land and water routes but with development and evolution of aviation, people slowly move to the medium of air for these purposes. At present, transportation and travelling are mostly preferred through aviation because it is less time consuming, more comfortable and a quality route. Though, aviation is more reliable and beneficial than other two mediums, it also is significantly expensive. With any industry evolving that fast there is always a need of laws to govern the same. Aviation plays a huge role in strengthening the worldwide connectivity. Therefore, proper legal framework is required for this industry to function smoothly without disputes. Aviation doesn’t just affects the travel, transportation etc. but is also a major factor contributing to air pollution and therefore has a huge impact on environment, which needs to be dealt legally to make things work in more efficient manner. Further, in this article we will read about the emergence and evolution of aviation law, important provisions, challenges faced and the constitutional implications.
Emergence of Aviation Law in India
Post Edwardian era, aviation came into existence. With prominent growth of aviation, legal framework became evident. India marked the beginning of aviation journey with its first commercial flight in 1911. In 1911, with the first flight, came Indian Aircraft Act for regulation of civil and commercial aviation.
Till late 1920’s, the country came across various other aspects attached to aviation law and with that more arenas of improvement came to light. Factors like pilot licensing and airspace management needed detailed provisions which resulted in enactment of The Air Navigation Act in 1934. In 1990’s, main focus of the government was to attract foreign investments in aviation and to encourage private participation as capitalism and liberalization were the dominant ideologies during that period. Then following acts were enacted; The Airports Authority of India Act, 1994, India's Aircraft Act, 1952, Aircraft (Amendment) Act, 2007 and Airport Economic Regulatory Authority, 2008 to improve operations and infrastructure. Currently, the primary regulatory body for civil aviation is Directorate General of Civil Aviation and in addition to this we have Bureau of Civil Aviation Security and Airports Authority of India. While these bodies are responsible for national aviation and management, International Civil Aviation Organization manages the international relations at a global level in aviation sector.
Legal framework in India
In India, we have a specific ministry for every sector. Similarly, for Aviation sector, we have Ministry of Civil Aviation (MoCA). This ministry looks forward to planning and implementing policies and different schemes for growth and development of aviation sector.
The Aircraft Act, 1934 and Aircraft Rules, 1937:
Main objectives of both of these enactments are:
To provide control over manufacture, operation, export and import of aircraft.
To ensure safety of people and ensuring reliability in aviation by establishing appropriate authority.
To regulate the registration and licensing of pilots.
The Airports Authority of India Act, 1994:
This act provides Communication Navigation Surveillance/ Air Traffic Management services over Indian airspace. Thus, it was enacted to improve the civil aviation infrastructure in India.
The Civil Aviation Requirements:
These are the guidelines issued by the Directorate General of Civil Aviation for certification, licensing and approval/disapproval of permissions. It also issues Aeronautical Information Circulars consisting of safety, technical and legislative information.
The Carriage by Air Act, 1972:
The provisions of this act deals with the liabilities and rights of the air carriers in both national and international carriage. Nationality of the aircraft is not the determining factor for rights and liabilities under this act.
Airports Economic Regulatory Authority of India Act, 2008:
Main purpose for enactment of this act was to focus majorly on regulation and management of export and import. Tariffs and other taxes are taken care of by this act. With this, it also establishes an appellate tribunal for adjudication of disputes.
Challenges
Like any other law, aviation law has also gone through various hurdles that continue to put challenges in progression of aviation law.
1. Air Safety: Flight safety awareness is an important challenge that has to be tackled by implementing various policies and providing appropriate guidelines for operation of aircrafts. DGCA is responsible for implementing national as well as state Aviation Safety Plans and also for providing a flight safety manual to lay down the plans, protocols and policies clearly.
2. Environmental Deterioration: Aviation sector has an adverse impact on environment as it causes noise pollution as well as air pollution (by carbon emissions). To counter such challenges, the development of fuel-efficient aircrafts must be designed. Such developments and technological advancement can be used for creative and environment friendly innovations which will have the potential to reduce the carbon emissions.
3. Privacy Issue: In present day, technological innovations have shown splendid growth. This has resulted in creative innovations such as unmanned aerial vehicles (drones) and supersonic aircrafts which can very easily be also used for infringing someone’s privacy. To counter this challenge, appropriate authorities makes legal provisions for better regulation and operation of these electronic gadgets.
4. Consumer Rights: Though consumer’s right are not directly a challenge in development of aviation law but it does make the authority take into consideration the protection of consumers. This challenge is positive in the sense that it helps to ensure that the airline services are being provided impartially and with all due care. This instills the discipline and a compulsion for airlines to adhere to the rules provided and otherwise to compensate the consumers.
Judicial Precedents
In Maneka Gandhi vs. Union of India, 1978, the supreme court ruled that Article 21 of Indian constitution, ‘Right to life and personal liberty’ also includes right to move freely both within and outside the nation. Thereafter, freedom to travel abroad has always been considered as an important part of article 21 and thus infringement of this right will amount to infringement of fundamental right of an individual. Furthermore, the court also stated that if in any case, restriction of free movement is necessary then it must be done with non-arbitrary criteria and the one whose freedom is being restricted must be given a chance of fair hearing. Even though the rules are there to prevent unruly passenger behavior, the airlines cannot use their powers arbitrarily. Similar was held in Priya Parameshwaram Pillai vs. Union of India, 2015 and Kunal Kamra vs. IndiGo, 2020.
In Kingfisher Airlines Ltd. vs. Union of India, 2012, the issue was of the suspension of operating license of Kingfisher Airlines by DGCA due to its financial instability. The court in this case elaborated the role of regulator in ensuring financial soundness and protecting consumer interest.
In Air India Express case, 2010, the court provided with the framework to quantify the compensation which is to be given to the victims by the airlines in case of any accident.
In IndiGo Airlines vs. Indian Oil Corporation Ltd, 2018, the IndiGo Airlines filed a case against Indian Oil Corp. Ltd. for overcharging on Aviation Turbine Fuel. Court in this case narrowed down the judgment to high cost of ATF and its impact on aviation industry.
Conclusion
In conclusion, aviation sector is one of the most important sectors in the modernized and industrialized world. From enactment of Aircraft Act, 1934 to establishment of bodies like Directorate General of Civil Aviation and Airport Appellate Tribunal etc, aviation law has been successful in countering all the challenges and ensuring smooth functioning and advancement of this sector. However, challenges like privacy, environment, air safety and consumer rights continue to ensure the evolution of aviation law over time. Various other aspects like privacy of individuals, rights and liabilities of airlines as well as consumers, standards/eligibility for applying for license of pilots, certification, registration, policies and protocols for airlines working as guidelines, environmental friendly innovations etc, are also responsible for amendments to aviation law. Like any other law, aviation law also derives its existence from two major sources that are; technological advancements and judicial precedents. Therefore, facing all the challenges with legal integrity will further boost the efficiency and ensure sustained growth.
References
1.Maneka Gandhi vs. Union of India (1978 AIR 597)
2.Priya Parameshwaram Pillai vs. Union of India (AIR 2015 WP(C) 774)
3.Kunal Kamra vs. IndiGo(AIR 2020 CM 720)
4.Kingfisher Airlines Ltd. vs. Union of India(AIR 2015 (NOC) 337 (CAL.)
5.Air India Express case(AIRONLINE 2019 SC 973)
6.IndiGo Airlines vs. Indian Oil Corporation Ltd (AIR 2006 SC 2780)
7.Sahibpreet Singh, Legal Framework, Challenges and Constitutional Implications in Aviation, Volume 11, Issue 11, International Journal of Creative Research Thoughts,796-798,2023
8.[Legal Service India], [https://www.legalserviceindia.com/legal/article-10111-impact-of-aviation-laws.html ], [9 July 2024]
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