Experts propose stricter rules, severe punishment for unruly air passengers

Amid a spurt in instances of unruly behaviour by air passengers on flights, legal and aviation experts have underlined an urgent need for stringent rules to deal with such passengers.

While two urinating incidents have been reported on board international Air India flights in the recent past, two passengers were offloaded from a Go First flight for reportedly abusing the cabin crew a couple of days back. Besides, two drunk passengers were arrested for creating a ruckus on a Delhi-Patna IndiGo flight on Sunday evening.

According to experts, instances of inappropriate conduct on flights have increased in the recent past because airlines try to cover up such incidents in their commercial interest. Experts said the Civil Aviation Requirements (CAR) of 2017 for handling unruly passengers should be amended to prevent such incidents in future.

Also read: Urinating incident: Two Air India crew members likely to join probe on Monday

The Directorate General of Civil Aviation (DGCA) framed the rules in 2017 after the then Shiv Sena MP Ravindra Gaikwad assaulted an Air India staff member. Under these rules, unruly behaviour by a passenger on a flight is a punishable offence.

“Time to amend CAR”

Supreme Court lawyer Ujjawal Anand Sharma said, “I think there is a need to amend CAR, 2017 and make it compulsory to lodge an FIR in all cases of unruly behaviour on board (flights), irrespective of the level of seriousness (of the offence).” Incidentally, Sharma had represented stand-up comedian Kunal Kamra in the alleged unruly behaviour case in Delhi High Court.

“It should be made part of the SOP (standard operating procedure) to inform the local police after the aircraft lands. Also, I believe that instead of an internal committee of an airline, there should be an independent committee under the DGCA which should be informed about every case of unruly behaviour,” he said, adding this will also help airlines avoid allegations of hushing up the matter.

Nishant Kr. Srivastava, a criminal lawyer and founder of Actus Legal Associates & Advocates, believes an unruly passenger should be barred from flying with any airline till the inquiry is pending. “The present norms say that an unruly passenger will be banned from flying for 30 days till the internal committee of that particular airline decides his/her case. Meanwhile, s/he can fly with other airlines. It should be made more deterrent by banning him/her from flying with any airline,” he said.

Also read: Urination incident: Air India says ‘We regret, could have handled it better’

Mohit Chand Mathur, a senior advocate in Delhi High Court, stressed on the need for timely implementation of the existing legal provisions to avoid a repeat of such incidents.

“Stricter punishment needed”

Aviation professionals also advocated the need for stricter punishment to bring down instances of unruly behaviour by passengers. “It is the responsibility of the government and the industry to impose and implement strict rules against such offenders,” said Sharad Kumar, director, Chennai airport. Crew members should be better trained to handle such situations, he said.

“The male passenger (who urinated on his co-passenger on the Air India flight) should be banned across airports. He should not be allowed to enter any airport for at least a year,” said industry expert R Ramkumar.

Shankar Mishra, an Air India traveller, reportedly urinated on a woman co-passenger in the business class of the New York-Delhi flight on November 26 last year. Delhi Police booked him following a complaint by the woman to Air India on January 4. Mishra was arrested from Bengaluru on January 7.

On January 5, the DGCA pulled up the Tata Group-owned Air India, saying prima facie it emerges that provisions related to handling of unruly passengers were not complied with. It said Air India’s conduct appeared to be “unprofessional”.

Also read: Report matter to authorities even if settled, Air India CEO tells staff

Air India has issued show-cause notices to four cabin crew members and one pilot of its New York-Delhi flight and de-rostered them pending investigation. Tata Group chairman N Chandrasekaran said on Sunday, “We fell short of addressing this situation the way we should have.” He said the airline will “review and repair every process to prevent or address any incidents of such unruly nature.”

(With agency inputs)