Open Access Research Article
DOMESTIC IMPLEMENTATION OF AVIATION LAW IN INDIA
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Article Details
DOMESTIC IMPLEMENTATION
OF AVIATION LAW IN INDIA
AUTHORED BY - ADEEBA FAHEEM
( ADVOCATE)
Abstract
Aviation law is the branch of law
that concerns flight, air travel, and associated legal and business concerns.
The purpose and need for aviation law occurs from the globalization and
expanding nature of human interaction as we move from the seas to the air and
beyond our atmosphere. Air law may be defined as ” the body of rules governing
the use of airspace and it’s benefits for aviation, general public and nations
of the world.” Air law is concerned with
the smooth management of global airspace.
Introduction
International law has developed to
have an impact on our daily life, including economic, social, and cultural
components. With the advancement and growth of international relations in many
regions of the world, India's interest in international law has always been
significant. This is apparent, for example, in a number of recent Supreme Court
of India rulings in which it has been forced to refer to changes in
international law. As a result, it is critical that not only attorneys,
politicians, administrators, and academics have a solid grasp of the issue, but
that the Judiciary become aware of the interaction between international law
and local law and harmonise the application of both laws.[1]
In this era of globalisation, the
norms of international law apply to all governments, large and small, rich and
poor, weak and powerful. Many of the structural changes that have occurred in
the global economy since the early 1980s have resulted in the liberalisation of
capital, labour, intellectual property rights, and other areas, which has strengthened
dependency.
Previously, we solely dealt with
national problems brought before several Indian courts, including the Supreme
Court, as well as High Courts and District Courts. However, the comfort of
dealing with merely Municipal Laws is quickly vanishing for our Courts in the
future, as we now have to deal with problems that have worldwide aspects.
What Is Aviation Law?
Aviation law is simply law of air.
Well, don’t mingle it with the laws of physics, air laws here are being
addressed as the law that deals with flight and with all the legal issues that
go along with it. The rationale and significance for aviation law stems from
the globalisation and growing nature of human contact as we travel from the
seas to the skies and beyond.The corpus of regulations controlling the use of
airspace and its advantages for aviation, the general public, and governments
throughout the world is known as air law. Air law is concerned with the control
of the world's airways. Air law encompasses a wide variety of legal issues,
ranging from liability for harm caused during air carriage to tax and
environmental legislation. The aviation industry is the only one that is not
subject to the WTO.[2]
In simple words, air law is "the
system of regulations controlling the use of airspace and its advantages for
aviation, the general public, and states throughout the world. Air law is
concerned with the control of the world's airways. Air passenger and freight
transportation contributes to the growth of the national economy and tourism.
In most regions of the world, aviation is now a significant national industry.
Historical Background
The first commercial aircraft in
India flew between Allahabad and Naini on February 18, 1911. The first
commercial international flight in India, operated by the former Imperial
Airways, took place in 1912, connecting Delhi to Karachi and beyond. J.R.D.
Tata flew an air postal service aeroplane in 1932, following which Tata
Airlines began scheduled air transport services. At the time of India's independence
in 1947, the country had nine air transport businesses that carried both
freight and people.To further enhance the national aviation industry, the
Government of India and Air India — Tata Airlines was renamed Air India in 1946
- established Air India International Ltd. as a joint venture. To address the
poor financial health of India's civil aviation sector, the Government of India
approved the Air Corporations Act of 1953, which nationalised all carriers
operating in India's civil aviation business.The Airports Economic Regulatory
Authority of India Act of 2008 established the Airports Economic Regulatory
Authority of India (AERA). Tariffs and other aeronautical costs are regulated
by AERA, and airport performance criteria are monitored. AERA considers the
following factors in the Indian context of airport regulation: Airports are
natural monopolies; airports are public goods; in the case of both Brownfield
and Greenfield airports, the Government of India has made land available for
purchase to airport developers at a very cheap cost, frequently under the Land
Acquisition Act.[3]
India's Aviation Ties with Other Nations:
India now has bilateral Air Service
Agreements (ASAs) with 108 nations. While 72 international airlines travel into
and out of India, four private domestic carriers - Jet Air, IndiGo, SpiceJet17,
and Kingfisher - fly to 35 destinations in 25 countries. Air India, the
national airline, operates a number of overseas routes, including seven in
North America, nine in Europe, 12 in the Gulf, two in the Middle East, two in
Africa, and 13 in West and East Asia.
With a vast fleet of aircraft, India
has a prominent role in the civil aviation market. In all, 56 airlines provide
scheduled air flights to and via India, including 22 international carriers
flying over Indian territory. The nation has about 450 airports and 1091
registered aircraft. In addition to the three public sector airlines - Air
India, Indian Airlines, and Alliance Air - two private operators - Jet Airways
and Sahara India Airlines - operate in India. In addition, there are 41
non-scheduled air transport providers. In addition, the Ministry of Civil
Aviation has given NOC to 34 applicants for the establishment of non-scheduled
air transport operations.India has not been exempted to global trends. The
liberalisation of the aviation sector began in 1986 and is still ongoing.
Private airlines now have access to both international and domestic routes.
Within the framework of bilateral air services agreements, India is
liberalising its policies by providing international carriers increased traffic
rights. India has proposed an open skies policy to ASEAN. In addition, India
gave extra frequencies and landing places to SAARC countries. The open skies
policy for international freight is still in effect. The rules governing
foreign tourist charter flights has been relaxed.[4]
Importance Of Implementation Of
Aviation Law
You may be wondering, what areas does
aviation law affect?
If you answer this by saying the
pilots and airports, they you are definitely not looking on the other side of
the coin. Aviation law outlines every facet of the industry, from how close to
a pilot may land to how many air traffic controllers must operate in a tower at
any given time.
On the commercial and security fronts,
the Transportation Security Administration (TSA) guidelines[iii] are a crucial
impact in airline customers' flying experiences. Aviation legislation affects
more than just pilots and airports. It discusses freight transportation,
passenger behaviour, business regulation, and airline and charter structure.
It enables the ICAO member nations'
obligations and rights. Above all, air law is profoundly concerned with modern
civilizations' economic activity. Air law also provides a method for nations to
collaborate based on sovereign equality, fairness, and equal opportunity.When
nations sharing a border need to collaborate or reach an agreement concerning
the use of airspace or airports, they usually do so through ICAO, the
International Civil Aviation Organization. The International Civil Aviation
Organization (ICAO) is a United Nations body. When military aircraft from
multiple nations must collaborate or discuss mobilisation, the governments or
armed forces involved normally work directly with one another.Aviation
Incidents That Pose Legal Issues:
The question at hand is generally who
or what caused the accident and who is accountable for paying for the damages.
However, this is frequently a difficult issue in aviation since virtually every
significant disaster follows an "accident chain" in which numerous
factors combine to generate the incident's circumstances.[5]
Despite the fact that there are a lot
of laws and regulations protecting the aviation sector in India, there are
still a number of issues that require prompt action. Despite all of this, the
Indian aviation sector is one of the wealthiest in the world, and the Indian
government must make a concerted effort to enforce different international
conventions.
Important Cases:
International Airport A.I. Officers
Association v Union of India and Another, 2005
A writ petition confronted the legal
standing of Section 12(3)(r) of the Airport Authority of Indoa Act,1994
(subsequently referred to as 'AAI Act', as being contratry to the provisions of
Sections 12(1) and 12(2) of the said AAI Act, whilst being ultra vires of
Articles 14 and 12 of the Indian Constitution. The issues addressed were that
whether the government is consider privatising some of the country's
airports.The Court stated: "The rule of construction is well known that
when there are two provisions in an enactment that cannot be reconciled with
one other, they should be read in such a way that, if feasible, effect is given
to both." This is known as the harmonic construction rule.The idea of
harmonized construction is to give both provisions effect. With these
principles in mind, it is legitimate to hold that Section 100(4) prescribed a
one-year limitation period in regard of a scheme proposed under the relevant
provisions Act, whereas in the case of a scheme proposed under Section 68-C of
the old Act that was pending on the date of enforcement of the new Act, namely,
July 1, 1989, the timeframe of one year prescribed under Section 100(4) should
be computed from the date of commencement of the new Act. This reasoning would
give full effect to both parts of the new Act, Section 100(4) and Section
217(2)(e).[6]
The Act must be read as a whole, and
one provision of the Act must be interpreted in light of other sections in the
same Act in order to create a consistent enactment of the whole statute.
The clauses of the statutory
provision should be construed well together so that the provisions of one
section do not defeat those of another, unless reconciliation between the two
sections is inconceivable.
Conclusion:
There have been several flight
accidents that do pose as a question to the flight safety in India. DGCA is
primarily responsible to deal with all the safety issues. DGCA has been
targeted many times for lack of expertise and less training centres for the
trainees. The majority of DGCA safety audits (ICAO-December 2012; FAA-September
2013) have identified the same problems .
According to me, these issues are
required to be addressed. So may it be direct or not , aviation law does have
an impact on our lives and this sector has much scope of growth in it.
We hope that our readers make the
best out of the information provided and strive for something productive as to
their sky there’s no need for a flight permit.
Article Information
DOMESTIC IMPLEMENTATION OF AVIATION LAW IN INDIA
Authors: ADEEBA FAHEEM
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/07
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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