I. Introduction
India’s aviation industry has experienced significant growth in recent years, positioning the country as one of the largest air travel markets in the world. Representing a major step towards addressing the need for a more comprehensive framework to regulate Indian aviation, the Bharatiya Vayuyan Vidheyak Bill, 2024 (hereinafter referred to as the Vayuyan Vidheyak) was introduced by the Union Minister of Civil Aviation, Mr. Ram Mohan Naidu Kinjarapu on 31st July, 2024. While presenting the Act, the main objectives of the Vayuyan Vidheyak were delineated as the promotion of ease of doing business while regulating the aviation industry to ensure safety and security. With this in mind, the Bill was approved by both houses of the Parliament promptly on the 9th of August.
In a massive transformation, the Aircraft Act of 1934 enacted by the British authorities is now repealed, thereby ending its 90-year long reign. The obsolescence of the 1943 Act became manifestly evident as it became increasingly inadequate in addressing the complexities of a rapidly growing aviation sector. The rise in air traffic, emergence of newer technologies as well as the rising demand for safety, this transformation became essential and inevitable. The Vayuyan Vidheyak, therefore, represents a forward-thinking approach to addressing these issues while also ensuring that India’s aviation remains compliant with international norms capable of fostering innovation.
In the course of this article, the author seeks to comprehensively analyze the Vayuyan Vidheyak and its shortcomings which have the possibility of negatively impacting India’s aviation industry. While assessing the key provisions of the Act and focusing on its efforts to promote innovation and safety, it is necessary to examine the limitations of the proposed legislation and offer recommendations to address gaps such as environmental sustainability, technological advancements, etc. By doing so, the role of the Vayuyan Vidheyak can comprehensively be understood in reshaping the future of the Indian aviation and to further suggest a course of action to ensure its effective implementation..
II. Unfolding the Purpose of the Vayuyan Vidheyak
With the introduction of the Vayuyan Vidheyak, the Indian aviation industry witnessed a seismic change after nearly a century. The union minister raised concern about how the 21 amendments brought to the Act of 1935 were “plugged into the Aircraft Act of 1934 only in bits and pieces”, thereby highlighting its obscurity and ineffectiveness. As a result, there existed numerous ambiguities and redundancy which needed redressal.
Moreover, with Indian aviation recording an all-time high of 79.35 million passengers in the months of January-June 2024, addressing matters of air traffic management and aviation safety was necessary. The need for a reconfiguration was also identified with India becoming the third largest domestic aviation market in the world. These expectations were in hopes of being met with the introduction of the Vayuyan Vidheyak, which took a step toward decolonization of Indian laws.
A notable change through the Act is the revision of the definition of aircraft given in Section 2(3) of the Act to not only cover commercial aircraft, but any machine capable of deriving support in the atmosphere from air reactions including drones, flying taxis, unmanned aerial vehicles, and electric gliders. This opens numerous avenues for innovation and will attract investments.
Furthermore, following the ideals of “AtmaNirbhar Bharat” and “Make in India”, the Vayuyan Vidheyak brings in opportunities of self-reliance in Indian Aviation. This is promoted by the inclusion of clear provision regarding the design and maintenance of aircraft as given under Section 10 of the Act, the establishment of various manufacturing plants, the manufacturing of helicopters and seaplanes, etc. Such innovative steps not only widen air travel options and avenues for financial profits of investors but also present a significant opportunity for the advancement and modernization of the industry.
Keeping in mind unfortunate events like the Kozhikode incident, the Air India Flight 182 Bombing, etc., the Vayuyan Vidheyak has now placed much importance on Aviation Safety and Security. Chapter V of the Vayuyan Vidheyak empowers the central government to implement these measures by granting it enhanced rule making powers in cases of investigation of accidents and in safeguarding public health. Furthermore, Section 17 and Section 18 of the Act confer upon the government the authority to regulate certain construction activities by issuance of notices and detention of aircraft, ensuring compliance with established standards.
The Indian Aviation regulatory framework now consists of three main components: (i) the Directorate General of Civil Aviation (DGCA) which oversees regulatory functions, ensuring safety of air travel, (ii) the Bureau of Civil Aviation Security which focuses on aircraft security, safeguarding aircrafts against potential threats and (iii) the Aircraft Accidents Investigation Bureau to oversee aircraft accidents and related incidents. This is expected to streamline the mechanisms and place responsibility on stakeholders, thereby ensuring efficiency. Additionally, frameworks for appeals and compensation are now simplified by Section 33 of the Vayuyan Vidheyak which establishes a hierarchy of regulatory officials and avenues. This provides a more transparent and accessible system for addressing grievances and seeking redress.
Lastly, it is pertinent to note that during his speech, Mr. Naidu also introduced the idea for setting up an “online mechanism” and economic regulations to address grievances and ensure a prompt response. As can be inferred, the instant legislative measure was a necessary restructuralization of the 1934 Act to meet the growing needs of Civil Aviation.
III. Implications and Challenges Ahead
The Act will play an important role in deciding the future of India’s skies and its aviation sector by massively impacting the stakeholders, the passengers, and the airlines. While the Vayuyan Vidheyak introduces commendable reforms, it also presents complexities in implementation and requires careful oversight to address emerging challenges effectively.
The enactment of this legislation is expected to yield numerous benefits for domestic airlines particularly in the form of manufacturing incentives and the introduction of novel aircraft types.This will in turn foster space for innovative designs and higher operational standards. The passengers are also anticipated to reap significant advantages, primarily in the form of enhanced safety facilitated by rigorous inspections and potentially reduced fares. The establishment of better redressal mechanisms and clear compensation avenues will also render air travel more feasible and economical for the general public.
Furthermore, The alignment of the Act with the International Civil Aviation Organisations’ (ICAO) standards is expected to cultivate a more robust fiduciary relationship between the authorities, the airlines, the private players and the general public.
Despite its benefits, the Act does face implementational and operational challenges that need immediate redressal. Facing initial resistance in the lower house for its nomenclature, questions were raised regarding the excessive interference of authorities in the working of the industry. Another concern to be raised is the significant increase in the operation costs of airlines due to stricter compliances. This increased financial burden might have the potential of killing competition, reducing investments, and stifling innovation which would go against the objectives of the Act.
In this view, the Act’s stringent regulations, including unprecedented inspections and price controls, may inadvertently stifle an airline’s ability to adapt and innovate. This could potentially lead to a fall in the industry’s profitability. Airlines rely on operational agility and such interference in the functioning of the airline can dynamically affect the full utilization of resources.
One of the biggest concerns to be raised stands to be the existing vacuum in the statute with no address to environmental issues which is a result of the rapid development of aviation traffic. This omission can put the airlines at risk of not meeting international compliance requirements as given by the ICAO council. Lastly, concern is also to be raised over the strict application of the law which leaves very little possibility of regulating upcoming technologies. Due to this, the act stands at risk of obsolescence with the dynamic nature of India’s industries.
IV. Navigating the Future
With the dynamic nature of Civil Aviation, regular technological advancements are a given. The inclusion of dynamic provisions in the law is therefore essential to comprehensively promote innovation while clearing misunderstandings and grey areas. It is commendable how the government, through the Vayuyan Vidheyak, has taken a big step towards the same. However, certain issues need prompt attention to create a more transparent and efficient aviation system.
Firstly, with the rapid growth of Indian Aviation, a massive increase in the release of harmful gases like methane and carbon dioxide with the dumping of waste can be reasonably foreseen. This ecological impact should be regulated by the concerned authorities by releasing a comprehensive set of guidelines, which fall in line with international standards. India, like the United States, should start working towards a net-zero sustainable aviation system by the year 2050, for which regulations need to be established promptly.
Secondly, following right to life and information guaranteed by the Indian constitution, stakeholders and authorities should be mandated to make public the fulfilments of operational and legal requirements. This can be facilitated by the establishment of an online platform, as promised by Mr. Naidu. Through this, transparency and accountability will be promoted, with the consumers being able to make informed choices.
Lastly, the dynamic nature of aviation should be understood and addressed. With innovation in aviation, comes risks and challenges that need timely redressal to ensure that safety and security is not compromised. The authorities, therefore, need to offer concise and streamlined guidelines timely, as they are empowered to do so by the Vayuyan Vidheyak. These guidelines should be released after careful consideration with industry experts to culminate an environment full of safety, sustainability and innovation.
V. Conclusion
The Vayuyan Vidheyak is a huge step towards the improvement and modernization of Indian civil aviation. By the creation of such streamlined legislation, which incorporates the various suggestions and recommendations offered by experts and legal scholars within its fold, innovation in India will be promoted. This promotion, however, should not come at the cost of safety and security standards and therefore, a stronghold should be kept on the framework to provide a balance between the both. However, as manifestly evident, the Act still needs to address issues of environmental concerns and technological upgradation even if it focuses more on passenger safety and market control. Going forward, it will be beneficial if the Act’s execution and implementation are thoroughly examined by policymakers and the regulatory authorities who must be accepting of criticism and proposed changes. Ultimately, a proactive approach to oversight and adaptation will be crucial in ensuring that the legislation not only meets current needs but also evolves in response to future challenges in the civil aviation sector.
This article is a part of the DNLU-SLJ (Online) series, for submissions click here.
Student, Rajiv Gandhi National University of Law
