The Civil Aviation Ministry has recently implemented India’s first no-fly list measure which bans passengers from flying if they misbehave.
What is a no-fly list?
The No-fly list specifies a list of passengers who are banned from flying for a minimum of three months to more than two years.
The behaviours for which a passenger can be barred has been categorised into three levels -
Level 1: Unruly Behaviour (physical gestures, verbal harassment, etc.) - Ban up to 3 months
Level 2: Physically Abusive Behaviour - Ban up to 6 months
Level 3: Life Threatening Behaviour - Minimum ban of 2 years with no upper limit.
The flying ban rules will be applicable to foreign carriers as well.
The pilot-in-command is the final authority to assess the situation and accordingly inform the airline’s central control.
How does it work?
The rules impose certain obligations on airlines which include establishing Standard Operating Procedures and training their cabin crew, flight crew and ground staff.
Internal Committees - Constituted by the airlines, the committee will be headed by a retired judge, a representative of another airline and a member of a passenger association.
The airline can ban a passenger initially for 30 days, during which the committee will adjudicate on complaints and decide on the ban tenure.
DGCA - The airline will send the decision of the committee to the aviation regulator Directorate General of Civil Aviation (DGCA).
DGCA will maintain a list of these passengers on its website and it will be visible to the public.
Appellate committee - formed by theaviation ministry it will be headed by a retired high court judge, with a representative from passenger association and a senior airline official.
Passengers can appeal within 60 days to this committee against the airlines, if they feel the airline has been unfair.
Other clauses - If the committee is unable to give its verdict in thirty days, the passenger is free to fly.
Also, during these 30 days the passenger can fly with other airlines if they do not ban him/her.
No compensation will be offered to the passenger in case the allegations of the airline are proven wrong.
Besides, there is a provision for the Ministry of Home Affairs to identify certain individuals as a national security threat.
This will not be part of the public no-fly list but will be shared only with the airlines.
What lies ahead?
The no-fly list measure will empower airlines to address the issues of misbehaviour, and check passenger angst and air rages.
However, passenger associations are sceptical of the no fly list as it would give too many powers to the airlines.
Also, the special provision with the Home Ministry should be reconsidered as it seems to give no powers to the DGCA to differ or refuse.
The imposition of the no-fly ban should thus be used only as a last resort.