This article is written by Amna Kabeer, student at the University of Calicut with a strong interest in the aviation sector. Passionate about simplifying complex legal developments, she aspires to build a career in aviation industry. For any feedback or queries, feel free to reach out to us through our official channel.
Introduction
The Bharatiya Vayuyan Adhiniyam (BVA), 2024 aims to replace the Aircraft Act, 1934. It retains most of the older Act’s provisions while introducing new rules to strengthen civil aviation regulation. The Bharatiya Vayuyan Adhiniyam, 2024 is a new aviation law that applies across the whole of India. It also covers Indian citizens wherever they are, aircraft registered in India along with all persons on board regardless of their location, and aircraft registered outside India if they are in or flying over Indian territory.
Additionally, it applies to aircraft operated by foreign nationals who either live permanently in India or have their principal place of business in the country. The Act came into effect on January 1st, 2025 specified by the Central Government through a notification in the Official Gazette.
What Are The Regulatory Authorities Under Bharatiya Vayuyan Adhiniyam, 2024?
Under the Bharatiya Vayu Vidhayak (BVV), 2024, three key regulatory authorities oversee different aspects of civil aviation in India. The Directorate General of Civil Aviation (DGCA) is responsible for ensuring aviation safety and carrying out various regulatory functions. The Bureau of Civil Aviation Security (BCAS) handles the security of civil aviation operations. The Aircraft Accident Investigation Bureau (AAIB) investigates aircraft accidents and incidents to enhance flight safety. All three bodies function under the control of the central government, which holds the power to review or modify their decisions when necessary.
Scope of Regulation Bharatiya Vayuyan Adhiniyam, 2024?
The Act continues to regulate aircraft-related activities like manufacturing, possession, use, and trade. It now includes aircraft design regulation as well.
Rule-Making Powers Under the Bharatiya Vayuyan Adhiniyam, 2024
Under the Bharatiya Vayuyan Adhiniyam, 2024, the central government holds the power to make rules related to various aspects of civil aviation. These include regulating aircraft activities, managing licensing and certification processes, and enforcing international civil aviation treaties. The Act further expands rule-making authority to cover areas like issuing radio telephone operator certificates and granting licenses under the International Telecommunication Convention.
Offences and Penalties Explained
The Act outlines several aviation-related offences, such as flying an aircraft in a dangerous manner, carrying prohibited items like arms or explosives, and activities like animal slaughter or waste dumping near airports. Penalties for such violations can include imprisonment of up to three years, a fine of up to ₹1 crore, or both.
How the Appeals Process Works
The new Act introduces a two-tier appeals process. The first level involves an Appellate Officer, who is senior to the Adjudicating Officer. If needed, the case can then move to the Second Appellate Officer, who holds a higher rank than the first. This structure aims to ensure a more balanced and transparent resolution of aviation-related disputes.
Discretion in Imposing Penalties
The government has the discretion to decide whether a violation should attract civil or criminal penalties. These violations can relate to aircraft design, use, trade, breaches of international aviation laws, accident investigations, public health concerns, and aircraft detainment. Civil penalties can go up to ₹1 crore, while criminal penalties may include imprisonment of up to two years, a fine up to ₹1 crore, or both.
DGCA Remains Under Government Control
Despite the reforms, the Directorate General of Civil Aviation (DGCA) continues to function under full government control. The Act does not provide details about the Director General’s qualifications, appointment process, or tenure. As a result, the DGCA operates more like a government department than an independent regulatory body.
What Is The Arbitration for Compensation Under BVA 2024?
- The Bharatiya Vayuyan Adhiniyam, 2024 allows the government to order demolition or modification of structures near airports. Affected owners are entitled to compensation.
- Owners can settle the compensation amount through mutual agreement.
- If no agreement is reached, the government appoints an arbitrator.
- The arbitrator must be qualified to be a High Court Judge.
- The Bill retains this system from the Aircraft Act, 1934.
What Are The Issues With Government-Appointed Arbitrator?
- Violates Right to Equality. The Supreme Court (2024) ruled that unilateral appointment of an arbitrator violates Article 14 of the Constitution.
- Such appointments raise doubts about impartiality and fairness.
- It’s seen as one party judging its own cause.
- The Arbitration and Conciliation Act, 1996 requires mutual agreement for selecting an arbitrator.
- However, the BVA 2024 excludes the application of this Act.
How Is BVA, 2024 Different From Other Laws
It establishes three regulatory authorities, the Directorate General of Civil Aviation (DGCA), Bureau of Civil Aviation Security (BCAS), and Aircraft Accidents Investigation Bureau (AAIB), to ensure safety, security, and effective oversight. The Act broadens its regulatory scope to include aircraft design, streamlines licensing by shifting Radio Telephone Operator Restricted (RTR) certifications from the Department of Telecom to the DGCA, and introduces a strong penalty framework with fines up to ₹1 crore and imprisonment of up to three years for violations. It also features a transparent compensation mechanism for affected property or business operations, with arbitration provisions led by high-ranking legal authorities. BVA 2024 reinforces India’s commitment to international aviation conventions and includes a clear, tiered appeals process for adjudication of penalties. With these progressive measures, the Act aims to modernize aviation governance and support the sector’s rapid growth in a safe and accountable manner.
Concerns Over Criminal Penalties and Executive Overreach in the Act
The Act raises significant concerns regarding the delegation of criminal penalties through Rules framed by the government. This approach allows the Executive to assign punishments, including up to two years’ imprisonment, a fine of ₹1 crore, or both, for violations related to aircraft design, manufacturing, trade, accident investigations, public health protection, and the detention of aircraft.
Traditionally, defining offences and penalties falls within the Legislature’s domain, not the Executive’s. Granting such authority to the government may violate the principle of separation of powers. Additionally, the Directorate General of Civil Aviation (DGCA) lacks independence when compared to regulators in sectors like telecom, insurance, and electricity, as it remains under direct government control. The appellate system is also limited, with appeals against decisions by the DGCA or the Bureau of Civil Aviation Security (BCAS) lying solely with the central government. Moreover, arbitration processes raise concerns of bias, as government-appointed arbitrators could undermine the Right to Equality under Article 14 of the Constitution.
Conclusion
The Bharatiya Vayuyan Adhiniyam, 2024 is a big step in improving aviation law. It keeps government control, adds stronger safety rules, and brings in design regulations. These changes aim to make air travel safer and more reliable for everyone. By updating old laws, the Act supports better planning and faster decision-making in the aviation sector. Thus, it sets the foundation for a stronger, more secure aviation system in India.
