Key Points
Delhi HC seeks alignment with international aviation safety standards
Petition highlights gaps in current Civil Aviation Requirements
Demands comprehensive regulatory oversight mechanisms
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.
