Air Travel and The Inebriated Act

The instances wherein passengers who are in an inebriated state or unruly passengers create safety issues and inconvenience to fellow passengers have been reported several times in India recently.

As per the Aircraft Rules, 1937, Part III - General Safety Conditions;

Assault and other acts endangering safety or jeopardizing good order and discipline.– (1) No person shall, on board an aircraft, ─?(a) assault, intimidate or threaten,?whether?physically or?verbally, any?person,?(b) intentionally cause damage to or destroy any of property,?(c) consume?alcoholic beverages or drugs,?which is likely to endanger?the?safety?of the aircraft or of?any?person?or jeopardizes the good order and discipline on board the aircraft.?

(2)?For the purposes of rules 22 and 23, the jurisdiction of India shall, in addition to the applicability provided in rule 1 of these rules, also extend to any offense if the act constituting the offense took place on board any aircraft in flight outside India:?Provided that ─?(a) the next landing of the aircraft is in India; and?(b) the Pilot-in-Command has delivered the suspected offender?to?the competent authorities of India, with the request that the authorities prosecute the suspected offender and with the affirmation that no similar request has been or shall be made by the?Pilot-in-Command or?the operator to any other State.?

Further,

No person acting as, or carried in aircraft to act as pilot, commander, navigator, engineer, cabin crew, or another operating member of the crew thereof, shall have taken or used any alcoholic drink, sedative, narcotic, or stimulant drug or preparation within twelve hours of the commencement of the flight or take or use any such preparation in the course of the flight, and no such person shall, while so acting or carried, be in a state of intoxication or have detectable blood alcohol whatsoever in his breath, urine or blood alcohol analysis or in a state in which because of his having taken any alcoholic, sedative, narcotic or stimulant drug or preparation, his capacity so to act is impaired, and ???? ?????????? ???????????? ?????????? ???? ?? ?????????? ???? ???????????????????????? ?????????? ?????????? ???? ???? ???? ????????????????.

No operator operating a domestic air transport service in India shall serve any alcoholic drink on board such an air transport service and ???? ?????????????????? ?????????????????? ???? ???????? ?????????????? ?????????? ?????????????? ?????? ?????????????????? ?????????? ?????????? ???? ??????????.

But then, we wonder;

"Whose responsibility is it, exactly?”

“How are the rules in our country supported for deterrence?”

Here is one example;

IPC Section 510. Misconduct in public by a drunken person. Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.

For a similar offense, U.S. Federal Aviation Administration (FAA) can propose a fine of up to $37000 (around INR 30 Lakhs) for each violation.

Additionally, FAA has stood up a dedicated website to refer to various types of offenses and report them directly without delays.

Air travelers in India may be hesitant to report similar offenses due to the inconvenience of the reporting and investigation processes, which could discourage them from taking any action.

A better support system for reporting and investigation is also paramount as regards putting in place effective deterrence measures.

Note: In order to place an unruly passenger on the National No-Fly List, the Pilot in Command is responsible for filing a report with the airline, which is subsequently reviewed by an internal committee. The committee then gives inputs to the DGCA about their decision for compiling and maintaining the National No-Fly List.

Security initiatives by regulatory bodies supported by a well-functioning criminal justice system will certainly pave the way for a better travel experience and contribute positively to the growth of the Indian Aviation Industry in the long run.

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PS: The 'no-fly list' initiative in India provides some leniency to non-frequent fliers who commit offenses, as they are able to put up with being on the temporary 'no-fly list' since they may not have immediate travel plans.