Bharatiya Vayuyan Vidheyak 2024: How Different Is It From Aircraft Act 1934?

New airports and facilities are being developed in almost every corner of the country including environment friendly ones such as Greenfield Airports. Airlines are gradually increasing their flying capacity to fly passengers throughout the country. Government schemes and policies have ensured a quick development and enhanced affordability, and quality of service provided to the passengers.

However, it must be understood that with modernization occurring at such a fast pace, older legislations can often make it difficult for sustained improvements in the industry and mere amendments to fit provisions are often insufficient to deal with contemporary situations.

On 8^th August 2024, Minister of Civil Aviation Mr. Kinjarapu Ram Mohan Naidu tabled the Civil Aviation Bill 2024 in the Lok Sabha also known as the Bharatiya Vayuyan Vidheyak. After being passed by the Lok Sabha on 9^th August 2024 it has been passed by the Rajya Sabha on 5^th December 2024 making it a law and officially replacing the 90-year-old Air Act of 1934.

Over a period of almost 90 years since its enactment, the Aircraft Act of 1934 has been amended 21 times, however the present scenario is in conflict with most of provisions and have the potential of inaccuracies or are simply outdated.

The act has been viewed by many aviation experts as a landmark proposal to bring about reforms in Indian Aviation for its safe, secure, sustainable and efficient growth through various regulatory bodies and frameworks.

The Aircraft Act was introduced by the Ministry of Civil Aviation in 1934 and was the first ever Indian parliamentary legislation to regulate aviation in the country. The industry had just kickstarted during this time period when JRD Tata founded TATA Airlines in 1932, making it the first such airline offering mailing and other commercial services such as the carriage of passengers. Soon after this, the industry started gaining prominence, slowly reaching out to more and more people. To ensure better control over the industry, it was made sure that the Act covered all Indian states and provinces.

• The act applied to all Indian citizens including non-Indian citizens who were residing in India for economic purposes
• It applied to all aircraft and flying objects registered in India and even those registered outside India who either landed/took from or flew over Indian territory
• The act gave the Central Government the power to control the manufacture, sale, use, possession, import-export and registration of aircraft
• By the 1950s the Act also extended its coverage to Union Territories
• The government was also given power with respect to the issuance of airline and pilot licenses/certificates including airworthiness certificates for aircrafts and flying objects
• The government had the power to enact new rules and regulations to ensure the safety and security of flight, passengers and the carriage of cargo including provisions for liability

One of the primary reasons for the obsolete nature of the Air Act 1934 is the lack of proper definitions. Under the act, flying objects include kites as well as balloons, objects which are used by many people in India. Since the government had been given power to make rules and regulations for such objects without any changes to the definitions, people would require government approval before using such objects. The act also now has a very limited scope in terms of other provisions and definitions. The act has also been replaced several times by Aviation and related legislations over the years, the latest being the Air Act of 2020.

What changes under the Civil Aviation Act?

The obsolete provisions of the 1934 Act prompted the ministry to introduce a legislation that would boost modernization and be able to adapt to the present and future circumstances, while also assisting in better implementation and supervision with respect to the rules and regulations.

The Bharatiya Vayuyan Vidheyak addresses key challenges in the Air Act 1934

• It provides more clarity over the differentiation and functioning of domestic regulatory bodies
• The new act promotes simplification of several aviation related processes, also promoting an ease of doing business
• Similar to the 1934 Act, the central government continues to retain power with respect to the formulation of rules and regulations for aircrafts along with the implementation of safety and security related provisions for air operations.
• The new act proposes to allow pilots to appear for the Radio Telephony Restricted Exam from any of the 14 examination centers managed by the DGCA, instead of the normal 5 managed by the Department of Transport.
• The act aims to introduce key new mechanisms and solutions for a swift and just passenger grievance redressal system for disruptions faced during travel such as high airfares, delayed/missed/cancelled flights or any such issue. It also proposes to introduce an online portal for such redressal.

• The act plans to carry out major infrastructure projects for aviation in the country such as modernizing control towers, advanced surveillance systems and communication devices to effectively manage the ever-increasing air traffic. It also wishes to improve existing aviation infrastructure to maximize functionality and efficiency while minimizing disruptions. The act also outlines the goal of constructing several new airports across the country
• Given the current global landscape with respect to climate change, the act aims to take several important steps and setting standards for minimizing environmental damage such as reducing noise pollution and promoting fuel efficient flying methods including the use of sustainable aviation fuel as has been done in the past.

What is new under the BVV?

• To ensure air safety and security more powers have been given to the Bureau of Civil Aviation Security and the Aircraft Accident Investigation Bureau
• The regulatory bodies have been given enhanced powers with respect to aircraft design, manufacturing, operation and maintenance
• Implementation of satellite-based navigation and automatic air traffic control systems
• Make use of data and advanced analytics for improvements and better decision making
• Improved communication between air traffic control towers to ensure better air safety
• Strict safety audits including the creating of a centralized safety monitoring system for dealing with real time risks
• Introduction of a 2-stage appeal system against any order of the BCAS* or AAIB*
• Encouragement for direct investments including foreign direct investments for better research, collaboration and development
• Improved training and education facilities for pilots and air traffic controllers including the creation of a national academy
• Co-operation with international and regional aviation bodies for better air traffic management
• Management of concerns with respect to rising airfares, including punitive action for any unlawful aircraft/aircraft related activities, or any unlawful activity taking place within airport premises. Offenders could face a fine of up to Rs. 1 crore or imprisonment up to three years.

Drawbacks of the Bharatiya Vayuyan Vidheyak

The BVV despite promising changes to usher a new era of exciting growth for Indian aviation, has faced criticism regarding its provisions and implementation

• Hindi Terminology- Many opposition leaders have criticized the use of the Hindi terminology Bharatiya Vayuyan Vidheyak as it makes it difficult for many people to understand and interpret its meaning especially persons belong to South India wherein language has always remained a sensitive issue
• Centralized Power- Experts on the subject, including opposition lawmakers have argued that the provisions of the act give excessive regulatory power and control to the central government in the aviation industry through its regulatory bodies like the DGCA, stating that such influence could lead to inefficiency and a lack of transparency.
• Lack of Significant Changes- The act has been criticized by many stating that it lacks new provisions that could lead to real improvements and instead a majority are just a replica of the Air Act of 1934
• Difficulties in Implementation- Critics hold that today the industry faces major challenges with respect to air safety hazards, poor customer experience and delayed flights which could create significant roadblocks in the implementation of the act.
• Environmental Issues- Given that Air Pollution is one of the biggest contributors to climate change, experts believe that the provisions in the act for the environment are not sufficient and effective enough to bring about any meaningful change
• Consumer Interests – The act is being viewed as one that is favoring the interests of the industrialists rather than those of the consumer, which is evident by acts such as handing over of existing and upcoming airports to private entities and sub-par facilities at existing government owned airports. New regulations for taxes, tariffs and air fares have also been criticized as any changes in the same would have a direct impact on the consumer.

The Bhartiya Vayuyan Vidheyak is a step towards pushing India on its path of growing and becoming a global aviation powerhouse. This legislation was proposed with benefits for flyers, operators and the regulators with a vision for sustained growth, development and self-dependence with its set of downsides which we hope can be addressed urgently. It will be insightful to see the impact it has as India continues to have a promising future for its Aviation Industry.

Views are personal.