Air Aviation: Wings To People

Rights for all, known by no….

The legal and regulatory framework for aviation in India is intricate and dynamic, comprising various national and international norms and rules. The aviation industry in India has undergone remarkable expansion and opening up in the last few decades, leading to more flights, passengers, and competitors. However, the industry also confronts various problems and challenges, such as security, safety, consumer rights, environmental effects, and conflict resolution.

This paper intends to give a summary of the main norms and rules that govern aviation in India, such as the Aircraft Act, 1934, the Airports Authority of India Act, 1994, the Civil Aviation Requirements, and the Passenger Charter and rights and liabilities to passengers in India.

Rights Of Air Passengers:

The table below shows the rights that we all have in different situations. But these rights are only valid if the passenger's loss is caused by the airline's mistake, not the passenger's. The rules under series M, Part-IV of Civil Aviation Requirements under para 3.2.2 say "The airline will not pay any compensation if the boarding is denied due to reasons stated at Para 3.2.1 to passengers who do not want to board".

Also, para 3.3.3 of series M, Part-IV of Civil Aviation Requirements say:
"Passengers who have not given enough contact details will not get any financial compensation". So, we can only get our rights if we do our duty honestly. Likewise, Regulation of "Refund of airline tickets to passengers of public transport services." as per CAR Section 3, Series 'M', Part II & "Tariff for air transport" as per "The Carriage by Air Act, 1972" for baggage deal with conditions of refund and issues related to baggage."
 

Rights		Scenario
1	Free meals and refreshments.	You checked in on time but flight delayed for more than 2 ½ hours
2	Within 24 hours reschedule of flight for free. Or Alternative flight within full refund of ticket than 6 hours.	Domestic flight delayed for more 6 hours
3	Free hotel accommodation	Flight delay for more than 24 hours
4	Alternative Flight or refund of ticket	Within 2 weeks you are informed of flight delay but up to 24 hours of schedule departure time
5	Alternative Flight or compensation additional to refund of ticket 7. 8. Refund of money for free On flight cancellation	You are not informed about flight delay.
6	Compensation from air lines	Airlines fail to arrange alternative flight with in 1 hour because of overbooking
7	Free refreshments during waiting time	If the flight is diverted to different destination and waiting time on airport is more than 2 hours.
8	Refund of money for free	On flight cancellation
9	Right to cancel ticket without any charge	If done within 24 hours
10	Medical services	If not feeling well.
11	Compensation of death or injury because of airline negligence	For international travel, its 113100 SDR/passenger and for domestic travel ₹20 lakhs/passenger
12	Compensation for damage to baggage	For international flights, 1131 SDR/passenger and for Domestic Flights, ₹20,000/passenger under air act 1972.
13	Compensation for damage to cargo	For international flights, 19 SDR/kg and for Domestic Flights, ₹350/kg under air act 1972.
14	Right to information	Procedure for acquiring compensation for damages. Reasons for denial of boarding, denial and cancellation of flight.
15	Grievance redressal	It is duty of airline authority to resolve any grievance of passengers related to service.

Liabilities of Air Passenger:

Air passengers have rights for their own benefit. They also have air responsibilities towards aircraft, which are stated in Aircraft Rules 1937. Breaking these rules is a criminal offence.

These rules set reasonable limits on air passengers so that they do not infringe any personal rights and the safety of airlines.

• RULE 22: Assault against crew member (Upto 1 year imprisonment/ upto 5 Lakh fine/ both)
• RULE 29: safety of aircraft (imprisonment upto 2 year or 10 Lakh fine/both)
• RULE 23: endangering safety and discipline (upto 1 year imprisonment/ upto 5 Lakh fine/ both)
   

Remedies To Passengers:

The second principle, "UBI JUS IBI REMEDIUM," means that where there is a right, there is a remedy. To ensure that passengers get their remedies, the Central Government has set up various institutions for the protection of our air rights. There are different ways through which we can claim our rights.

1. Airport Economic Regulatory Authority Appellate Tribunal (s. 17[ii] Airport Economic Regulatory Authority of India Act, 2008): This Tribunal handles the complaints of an individual consumer that can be filed before a Consumer Disputes Redressal Forum, a Consumer Disputes Redressal Commission, or the National Consumer Redressal Commission under section 9 of the Consumer Protection Act.
    
2. Complaint at consumerhelpline.gov.in: This is a website where consumers can register their grievances and get redressal from the concerned authorities.
    
3. Web portal "airsewa": AirSewa is a platform that allows travellers to lodge their grievances and get information on air travel in India. It is an initiative by MoCA, Govt. of India. It also provides information on airport services and facilities, such as assistance to disabled or unaccompanied minor etc.
    
4. The Consumer Protection Act,2019: This is a law that protects the consumers from exploitation and from adulterated and substandard goods and deficient services. It replaced the Consumer Protection Act 1986 and came into force on 20th July 2020.

Concerns of Passengers:

1. Is there any special rights for disabled people?
   Ans) The DGCA CAR, Section 3, Series M, Part I, guides the accommodation of passengers with disabilities or limited mobility. As usual, ask your airline for help to meet your specific needs and make sure your travel is smooth from the departure terminal of the leaving airport to the aircraft and from the aircraft to the arrival terminal exit at the end of the trip. If the airline has to off-load you for any reason, you get the highest priority for transportation, along with your escorts, if any. Please make sure that you get proper information about safety and emergency evacuation procedures on the aircraft. If you want to travel without an escort and only need special help at an airport for getting on or off the aircraft and reasonable accommodation during the flight, you do not have to show a medical certificate or fill in special forms.
    
2. How do disabled people avail of their rights?
   Ans) To help the airline prepare for special assistance, you need to tell them your needs at least 48 hours before the planned time of leaving.
    
3. Are there any special rights given to senior citizens?
   Ans) You can use the automated buggies for free at airports with more than 50,000 aircraft movements a year. You can request for automated buggies if the boarding gate is too far to walk. You can also use small trolleys after security check to carry your hand baggage to the boarding gate. Please check the signs in the Terminal Building to find automated buggies and small trolleys.
    
4. I have purchased an airline ticket for more than the actual price. What should I do?
   Ans) If you got a ticket from a different source and feel you were overcharged, you can verify the fare details, including refund policy, from the airline website/office. You should check with the airline if they have an additional fee on top of the single consolidated fare. For example, Rule 135 (2) of the Aircraft Rules 1937 requires airlines to display a "single consolidated fare" and its breakdown for the consumer's benefit. You have to check the total fare and its breakdown on your airline ticket.
    
5. Do I get insurance for baggage lost?
   Ans) Airlines must have up-to-date insurance for an amount enough to cover their responsibility towards passengers and their baggage, crew, cargo, hull loss and third-party risks according to the Carriage by Air Act, 1972 or any other relevant law. Your ticket shows the contract of carriage between you and the airline. Please make sure that your ticket has conditions of carriage including the operating airline's liability. You are also asked to read the terms & condition of carriage by air on the airline's website of your preference before booking. By doing this, you make a contractual deal with the airline for air carriage.
    
6. How can I get my civil aviation rights enforced?
   Ans) Different airline companies have different ways to enforce air rights. You should check the terms and conditions of these airlines on their own websites.

Conclusion:
DGCA (Directorate General of Civil Aviation) regulations give rights to air passengers. They are different from other laws because they are not for a certain group of people, they are for everyone. In this paper I want to tell people about their air rights and also show my worry that legal aid is not only for those who cannot know the law but also for those who can know the law through the internet but do not know because they do not know that the law exists.

Reference:

• The Hindu, Indigo fined for denying boarding, 29th May 2022
• https://www.civilaviation.gov.in/sites/default/files/Passenger.pdf
• https://www.civilaviation.gov.in/en/aboutus/orgsetup
• https:///india-regulation
• https:///article/BC79C280-40F9-43F8-BDB4-639A11F89D29
• https:///en/faq/flights/responsibilities-of-passengers-and-airlines
• https://lektuvubilietai.lt/en/faq/flights/responsibilities-of-passengers-and-airlinescar part 4.pdf

Award Winning Article Is Written By: Mr.Akash Bhatia

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