'How Do You Check Passengers Who Get Intoxicated In-Flight?' Supreme Court Asks Union In PIL By Air India Urination Case Victim

During the hearing of the Air India urination case, the Supreme Court today queried the Union as to how it checks passengers who get intoxicated in-flight and asked that the Directorate General of Civil Aviation (DGCA) examine the petitioner's suggestions to see if existing guidelines to regulate unruly flight behavior can be made more comprehensive.

A bench of Justices BR Gavai and KV Viswanathan was dealing with the plea filed by 73-year-old Hema Rajaraman, victim of the Air India urination incident, who approached the Court seeking directions to the DGCA and airline companies for Standard Operating Procedures (SOPs) and regulations to deal with incidents of passenger misconduct.

During the hearing, Rajaraman's counsel recounted that when the Air India urination incident happened, her client was not offered an alternative seat by the crew despite seats being vacant in the business class. Further, even though she made it clear that she did not want to settle the matter, the crew forced Rajaraman to settle with the perpetrator.

The counsel submitted that though DGCA has filed a reply stating that requisite guidelines are in place, the petitioner has certain suggestions based on practices followed in foreign jurisdictions.

Additional Solicitor General Aishwarya Bhati, for the Union, apprised in connection with the Air India urination incident that a penalty of Rs.30 lakhs was imposed on the airline and the license of the pilot-in-command was suspended. She further stated that though DGCA guidelines and circulars (to control unruly behavior of passengers) are in place, and airlines have their own SOPs, the Union can look into the petitioner's suggestions to consider possible modifications.

Hearing the ASG, Justice Viswanathan commented, "How do you check passengers who get intoxicated there?" The judge further recounted his personal experience on a flight where an intoxicated co-passenger locked himself in the washroom.

"We had a recent experience. Me and brother Justice Surya Kant sitting in a flight...two passengers fully drunk - one got into the washroom [and] slept off...one outside with the vomit bag given by all-women lady crew. Half an hour, 35 minutes...they could not open even with the master key because it was an all-women lady crew...they requested a male co-passenger and he opened...then woke him up and got him out...".

At this point, Justice Gavai noted that the Air India urination incident took place on an international flight.

The ASG, on her part, responded that she would place on record the existing guidelines and if there are aberrations, action has to be taken. The petitioner's counsel on the other hand claimed that the guidelines only deal with the aftermath of possible incidents, but not with what crew members are supposed to do when faced with such situations - especially in case of senior citizens.

"The crew needs to be sensitized as to what needs to be done...we are confined in a space, there is no door one can just walk out of...There are 188 million passengers and 132 airports in India daily...we need some guidelines so that such incident does not happen...", the petitioner's counsel urged.

Before parting, the bench clarified that there is nothing adversarial about the matter and asked the DGCA to consider the petitioner's suggestions.

Case Title: HEMA RAJARAMAN VERSUS UNION OF INDIA & ORS., Writ Petition(C) No(s). 509/2023 

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