Overreach during flight: On the DGCA and passenger ban rules

A disturbing phenomenon in aviation is unruly passenger behaviour. The International Air Transport Association (IATA) has pointed out that in 2023, there was one incident for every 480 flights, from one for every 568 flights in 2022. In India, the Directorate General of Civil Aviation (DGCA) is proposing to amend rules such that airlines can directly impose a flying ban of up to 30 days without referring the matter to the competent authority. The DGCA has broadened the concept of unruly behaviour too with six new categories: smoking on board, consumption of alcohol on domestic flights, tampering with emergency exits, unauthorised use of life-saving equipment such as life jackets, engaging in protests or sloganeering, and unruly conduct arising from intoxication. Currently, airlines must report disruptive passengers to an independent committee, headed by a retired district and sessions judge, which will decide within 45 days whether to add them to the official no-fly list. Unruly behaviour would now be monitored by airlines from the check-in counter although the focus is on the flight since such behaviour can impact passenger safety and comfort.

It would seem tolerance levels are dipping with several incidents such as attempts to open emergency exits and accessing lifesaving equipment without reason. Reports also cite passengers abusing crew and fellow travellers, and the loud chanting of prayers and bhajans. The amendments seek to empower airlines and cabin crew act immediately, unlike before, when such behaviour was overshadowed by lengthy No-Fly List procedures that focused on more serious issues such as national security. Whether the proposed changes would lead to high-handedness and offset the balance of power between passengers and airline staff is a moot point. Aviation experts stress that the cabin crew’s primary role is for flight safety. However, a credible argument against the proposed amendments would cite the IndiGo fiasco where the airline’s response to pilot deployment rules was found to be influenced by revenue considerations, leading to much anger among passengers. It would seem that the amendments would empower airlines against “unruly” behaviour arising from legitimate anger over unfair practices too. So, while the amendments may be necessary in the overall interest of flight safety and a smooth passenger experience, they should not serve other purposes such as deflecting passenger grievances. One safeguard would be to make a distinction between “unruly” behaviour on the ground versus disruptive behaviour during flight. Safeguards are needed to allow redress against airline overreach.