The Supreme Court has sought more stringent controls for dealing with passenger behavior of this nature while flying, in a disturbing incident involving urinating on a 73-year-old woman by an intoxicated male co-passenger aboard an Air India flight. The court inquiry made it clear that it has to be a very wide and comprehensive set of guidelines that can effectively handle these kinds of incidents.
Courts and Issues
Justices B.R. Gavai and K.V. Viswanathan questioned the Union government over its protocols for identification of inebriated travelers before getting on board and in handling them in-flight during a hearing. The judges queried how the Directorate General of Civil Aviation (DGCA) could improve the prevailing regulations to better manage instances of unruly behavior. Justice Viswanathan recounted how his own experience with drunken travelers had made him appreciate how difficult it was for crews in handling such incidents.
The case originates from an incident that occurred in November 2022 when the petitioner, Hema Rajaraman, claimed she was not provided with an alternative seat when there were available seats in business class and that she was forced by the crew to settle with the perpetrator. Rajaraman’s counsel argued that even though the DGCA had stated it had guidelines, these were not adequate to prevent or control such misbehaviour.
Government’s Response
Additional Solicitor General Aishwarya Bhati reported to the Court that the penalty levied on Air India is ₹30 lakhs, and the pilot’s license has been suspended because of this incident. Bhati accepted that though present guidelines cover unruly behaviour, there is scope for improvement in this regard too, as it is also based on recommendations from Rajaraman, drawn from the international practices.
Justice Viswanathan expressed concern over how drunk passengers are monitored and managed during flights, suggesting “something creative” needs to be done to prevent such situations from happening again. He remembered a situation where two inebriated passengers caused disturbances; he narrated how hard it was for an all-female crew to handle the situation.
Call for Comprehensive Guidelines
The Supreme Court has asked the DGCA to take Rajaraman’s suggestions seriously and to explore the possibility of changes in existing protocols. The bench clarified that it is not looking for punitive measures against airlines or crew members but for constructive solutions. The judges pointed out the need to evolve Standard Operating Procedures that are sensitive to the needs of all passengers, especially vulnerable ones like senior citizens.
Rajaraman’s PIL seeks not only a remedy for her personal experience but also a legal template for stopping such incidents in the future and for all India’s aviation sector.
Conclusion
With air travel growing in India, the safety and comfort of passengers is of utmost importance. The Supreme Court’s pro-active approach on this issue is a reflection of their commitment to raising civil aviation standards and ensuring passengers are protected from the potential misconduct of flight attendants. The DGCA has been asked to submit updated guidelines within eight weeks, marking a significant step towards redressing these pressing concerns in air travel regulation.
