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Delhi HC directs Civil Aviation Ministry to address plea for enhanced aviation safety

ANI February 19, 2025 199 views

The Delhi High Court has issued a critical directive to the Civil Aviation Ministry to address significant gaps in India's aviation safety standards. The court's order follows a comprehensive petition highlighting non-compliance with international safety protocols established by ICAO and IATA. Specifically, the plea points out serious deficiencies in dangerous goods management, training frameworks, and regulatory oversight. This landmark intervention seeks to compel the government to implement more robust and internationally-aligned safety mechanisms in the Indian aviation sector.

"Current regulatory mechanisms do not ensure comprehensive training in dangerous goods management" - Airline Users Rights Forum Petition
New Delhi, February 19: The Delhi High Court on Wednesday directed the Ministry of Civil Aviation and relevant authorities to address a representation raising concerns about passenger safety issues and to take appropriate measures to enhance passenger safety standards in India.

Key Points

1

Delhi HC seeks alignment with international aviation safety standards

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Petition highlights gaps in current Civil Aviation Requirements

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Demands comprehensive regulatory oversight mechanisms

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Calls for improved dangerous goods training protocols

The bench of Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela directed the concerned ministry and competent authorities of the Union of India to decide on the representation submitted by the petitioner in May, 2024.

The Petitioner, a registered society namely Airline Users Rights and Grievance Redressal Forum, seeks directions to the Centre to adopt international safety standards and maintain strict regulatory oversight mechanisms.

The plea, moved through Jose Abraham and Associates, contends that the existing Civil Aviation Requirements fall short of complying with the International Standards and regulations established by the International Civil Aviation Organization (ICAO). This non-compliance poses significant risks in detecting and mitigating the dangers faced by passengers and crew members during air travel.

The plea stated, that the current regulatory mechanisms do not ensure comprehensive training in the management of dangerous goods, substantially increasing the likelihood of incidents, including potential terrorist attacks, if strict measures are not enforced.

The amendment to the Civil Aviation Requirements dated 25.1.2023 contradicts the ICAO Document, as it lacks a national framework, industry standards, and a dedicated regulatory control board. Furthermore, the existing Aircraft (Carriage of Dangerous Goods) Rules, 2003, are incompatible with the mandatory provisions prescribed under ICAO requirements, the plea stated.

The amendment concerning the "Approval of Dangerous Goods Training Programme" fails to define competency-based functions, a unified framework, stakeholder responsibilities, job roles, level and depth of function-specific training, eligibility criteria, standardised assessments, and restrictions on experienced industry professionals and veterans in training and advisory capacities, plea stated.

India's Civil Aviation Requirements are not aligned with the guidelines set by the ICAO and the International Air Transport Association (IATA).

There is a lack of a cohesive framework to address critical safety requirements, which has led to the omission of Competency-Based Training and Assessment (CBTA). This misalignment compromises the safety standards necessary for the aviation sector, plea read.

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