By GS Bawa
The Bhartiya Vayuyan Vidheyak Bill 2024 has been passed in the Lok Sabha on 9th Aug. 2024. The para-wise comparison of New vs. Old is rolling on the internet with Red, Green and Yellow highlights. The Core of the Bill broadly remains the same and people have enjoyed the moments by titling it ‘Old Wine in New Bottle’. It is a fact that The Aircraft Act 1934, was a landmark legislation that regulated aviation in India for nearly a century. However, with the rapid growth of the aviation sector and emerging technologies, the need for modernized regulations arose. The Aircraft Act 2024, replaces the 1934 Act, introducing significant changes to enhance the safety, security, and regulation of aircraft operations.
In the new Bill, the clauses have been modified, changed, and re-arranged, and added for overall ease of referencing. As mentioned, it is a nearly a century old Bill, and as such it has numerous amendments, sub-clauses and explanations which were scattered here and there, as had appeared on a time-to-time basis. It was the need of the hour; no second opinion was needed for that. As such the new Bill is now in synch with other important Bills like CRPC enacted during the recent past. A para-wise comparison of the earlier Aircraft Act 1934 and the Bhartiya Vayuyan Vidheyak 2024, running into 61 pages is placed on the Net.
The Question is How does the Bhartiya Vayuyan Vidheyak Bill 2024 impact the aviation industry?
Broadly, The Bhartiya Vayuyan Vidheyak Bill 2024 is expected to have several significant impacts on the aviation industry in India, in terms of
Regulatory Modernization: The bill aims to modernize the regulatory framework governing civil aviation, replacing outdated provisions from the Aircraft Act of 1934. This will help streamline processes and make regulations more relevant to current industry needs.
Safety and Security Enhancements: By establishing updated safety and security standards, the bill is likely to enhance the overall safety of air travel in India. This includes stricter compliance measures for airlines and airports, i.e.,
- Promotion of Innovation: The bill encourages the adoption of new technologies and practices in the aviation sector, fostering innovation and improving operational efficiency,
- Increased Investment: A clearer and more modern regulatory framework may attract both domestic and foreign investments in the aviation sector, leading to infrastructure development and expansion of services,
- Consumer Protection: The bill includes provisions aimed at protecting consumer rights, ensuring better service quality, and addressing grievances more effectively,
- Environmental Considerations: The legislation may incorporate measures to promote sustainable aviation practices, addressing environmental concerns associated with air travel,
- Enhanced Governance: The establishment of a more robust governance structure for aviation authorities will likely improve oversight and accountability within the industry. Overall, the Bhartiya Vayuyan Vidheyak Bill 2024 is poised to create a more efficient, safe, and consumer-friendly aviation environment in India, aligning it with global standards.
Are there any changes proposed in the aviation legislation by the Bhartiya Vayuyan Vidheyak Bill 2024?
Briefly, The Bhartiya Vayuyan Vidheyak Bill 2024 proposes several significant changes to modernize and streamline aviation legislation in India. Some key changes, broadly could be categorized as:
- Regulatory Framework: The bill aims to establish a more robust regulatory framework for civil aviation, replacing outdated provisions from the Aircraft Act of 1934.
- Safety and Security: Enhanced measures for safety and security in aviation operations, including stricter compliance requirements for airlines and airports.
- Licensing and Certification: Simplification of the licensing and certification processes for pilots, aircraft maintenance engineers, and other aviation personnel to promote efficiency.
- Drone Regulations: Specific provisions for the regulation of drones, including their operation, registration, and safety standards.
- Consumer Rights: Strengthening consumer rights by introducing measures for compensation in cases of flight delays, cancellations, and lost baggage.
- Environmental Standards: Incorporation of environmental considerations in aviation operations, promoting sustainable practices within the industry.
- Dispute Resolution: Establishment of a framework for resolving disputes between airlines and passengers, as well as between different stakeholders in the aviation sector.
- Penalties and Offenses: Introduction of stricter penalties for violations of aviation regulations to ensure compliance and accountability. All these changes aim to enhance the overall efficiency, safety, and competitiveness of the Indian aviation sector while aligning it with international standards.
Critical Question about the Bill is; will it be passed without any debate, Is there any air of criticism in the public domain? As mentioned above, the change was the need of the hour and the new Bill has genuinely expanded the scope by including the eVTOLs (Drones), stricter penalties, enhanced consumer protection, and streamlined regulation; but critics will find something to raise!
Critics have always been concerned about the environmental concerns of aviation, which is a global phenomenon. As such, Critics argue that the 2024 Act does not adequately address environmental concerns, such as noise pollution and carbon emissions, associated with increased air traffic. Drones have been included but the increased use of Drones will raise new social concerns about privacy and surveillance. Critics are arguing the Act does not provide sufficient safeguards. Stiffer Penalties are deterrents and are a tool to derive Quality Service and Performance as mandated in the law. However, some experts worry that this might stifle innovation in the aviation sector and hamper emerging technologies. Experts also argue that the Act does not provide clear guidelines on emerging technologies, potentially leading to confusion and uncertainty.
I am not aware when the Bill will come for discussion, and it is also the case of paper leak; but the treasury benches shall be ready to answer the critics on the Environmental Concerns of aviation, Privacy and Surveillance concerns over mass usage of Drones, Control Mechanism on the so-called Over-Regulation, and clarity on promotion of emerging technology shall be a welcome move.
Summing Up: The Aircraft Act, 2024 (The Bhartiya Vayuyan Vidheyak Bill 2024), is a significant step towards modernizing India’s aviation regulations. However, it’s crucial to address the evolving criticisms and concerns raised. The government should:
- Develop Environmental Guidelines; Establish clear environmental guidelines and standards for the aviation sector to minimize its ecological footprint.
- Enhance Privacy Protections; Introduce robust privacy protections and surveillance safeguards to ensure responsible use of drones and emerging technologies.
- Foster Innovation; Strike a balance between regulation and innovation, providing clear guidelines and encouraging experimentation in the aviation sector.
- Provide Clarity; Offer clear and concise guidelines on emerging technologies, ensuring stakeholders understand their responsibilities and obligations.
By addressing these concerns, the Aircraft Act, 2024, can effectively regulate India’s aviation sector while promoting innovation, safety, and sustainability. Jai Hind.
Gurmukh Singh Bawa is the former General Manager, Airports Authority of India, Secretary General, the Air Travellers Association and Secretary Public Relations Society, Delhi. Currently, he writes on subjects like Airport Economics, Airport Statistics and Data Collection, Traffic Studies & Surveys and Traffic Forecasting, Commercial Aspects of Airports, Airport Marketing, Airport Non-Aero Enhancement Strategies, Corporate Communication, Organization Image Building, Public Relations, General Management, Motivation, Quality Control, Project Management, Training and Training Methodologies.
