DGCA Proposal on 30-Day Flying Ban: Safety vs Passenger Rights Debate

The Directorate General of Civil Aviation (DGCA) proposes allowing airlines to impose a direct flying ban up to 30 days, bypassing prior referral to an independent committee. But these proposals  have sparked concerns regarding authority overreach.

Background

• Rising Concern: The International Air Transport Association (IATA) reported that unruly passenger incidents rose to one per 480 flights in 2023, (wosening from one per 568 flights in 2022).

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Shift from Old to New Rules

• Previous Framework: Under the old system, airlines had limited power. 
  • They had to report incidents to an independent committee headed by a retired district or session judge. 
  • This committee had 45 days to decide whether to place a passenger on the “No Fly List,” making the process slow and lengthy.
• New Framework : The new rules empower airlines to take immediate action without first consulting a committee or a judge. 
  • Airlines can now directly ban a passenger for 30 days. 
  • Furthermore, monitoring is no longer restricted to the flight itself; it begins at the airport during check-in and boarding.
• Scope of Misconduct: The DGCA has expanded what qualifies as “unruly behavior” to include: Passengers opening emergency exits without cause, removing life jackets, abusing crew members, protesting, raising slogans in the aircraft, creating nuisance for co passengers and even engaging in loud religious chanting or prayers that disturb others etc.

Concerns of Regulatory Overreach

• Passenger Vulnerability : Legitimate complaints (delays, poor services) may be labelled as “unruly behaviour,” discouraging consumer rights assertion.
• Power Imbalance : The proposed changes by the Directorate General of Civil Aviation (DGCA) may tilt authority excessively towards airlines.
  • Example: If passengers protest against operational mismanagement, the airline could simply ban them.

Way Forward

• Distinguishing Environments: The airlines should differentiate between ground-level protests (e.g., over delays at the airport) and disruptive conduct during flight at cruising altitude, where safety risks are far higher.
• Redressal Mechanism: A clear, time-bound appeal process should be provided so passengers unfairly banned can challenge airline decisions before an independent authority.
• Safety-Centric Approach: It should be ensured that the rules are applied strictly for flight safety and discipline, not as a tool to silence legitimate customer grievances.

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Conclusion

Swift action against unruly behaviour is vital for safety, but unchecked powers can erode passenger rights. Balanced safeguards and independent review are essential to prevent misuse.

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