India: DGCA issues advisory to airlines for handling unruly passengers on board, what does it entail?

New Delhi

The two latest instances of men urinating on female fellow passengers on two separate Air India flights have sparked significant outrage. The aviation regulator, Directorate General of Civil Aviation (DGCA), slammed the Tata Group-owned airline, stating its behaviour was "unprofessional" and resulted in "systemic failure" in reference to the November incident where a drunken male is reported to have urinated on a senior citizen. The First Information Report (FIR) states that despite the incident taking place late last year (November 2022), Air India finally reported it to the police on 4th January 2023 against the offender, a Mumbai-based man Shankar Mishra. 

In addition to imposing a 30-day flying ban on the Mishra, Air India has begun an investigation into the event that happened on one of its flights from New York to Delhi on 26th November 2022. 

Mishra was fired by his employer, US financial services company Wells Fargo as the VP of India business, on Friday. 

“Wells Fargo holds employees to the highest standards of professional and personal behavior and we find these allegations deeply disturbing. This individual has been terminated from Wells Fargo. We are cooperating with law enforcement and ask that any additional inquiries be directed to them," Wells Fargo said in a statement.

Also read | Joshimath sinking: Why is this town in India's Uttarakhand falling apart?

A similar incident occurred on an Air India flight between Paris and Delhi in December of last year when a male passenger who was allegedly intoxicated urinated on a female passenger's blanket.

Airport authorities told news agency PTI that the man was detained by the Central Industrial Security Force (CISF) as the plane touched down but was subsequently released after the two passengers reached a "mutual solution" and the accused provided a "written apology."

What are Air India's forward plans and DGCA's statutory amid such incidents?

In a letter to Air India's staff on Friday, the airline CEO Campbell Wilson emphasised that anyone who violates flight regulations will be subject to prompt action. He emphasised the significance of reporting unfavourable situations on flights to authorities, even if the crew thinks the issue has been rectified.

The Directorate General of Civil Aviation (DGCA) also issued an advisory on Friday, outlining how to deal with unruly passengers on board and who is responsible for what under the rules. All scheduled airlines' operational chiefs received the advisory. The DGCA instructed airlines to deploy restrictions whenever all conciliation efforts had failed.

The statutory body said, "In the recent past, DGCA has noticed a few incidents of unruly behaviour and inappropriate conduct by the passengers on board the aircraft during flight, wherein it is observed that post holders, pilots and cabin crew members have failed to take appropriate actions."

Also watch | India's EAM S. Jaishankar takes on Europe's charges, calls out China

The DGCA stated that the pilot of an aircraft is in charge of maintaining flight safety, crew member safety, and the safety of passengers and goods carried by aircraft. Notably, many provisions of the 1937 Aircraft Rules, DGCA rules, circulars, and airline manuals specify a person's responsibilities for dealing with unruly passengers.

The cabin crew must diffuse a critical situation, according to the DGCA's additional statement. DGCA recommends 'handcuff-like device' to control unruly passengers on board. A senior DGCA official said they recommend devices kept in aircraft cabin used to restrain unruly passengers of level 3 type i.e. abusive physically violent category. The device looks like a handcuff. Some airlines in India like Air Asia are keeping it in the aircraft cabin.

The statutory body further stated that restraining devices should only be used after all other conciliatory measures have failed. In the meanwhile, it is the Director-in-Flight Services' responsibility to notify the DGCA of such situations in the manner specified by Cabin Safety Circular 02/2010.

Upon landing of the aircraft, airline representative shall lodge FIR with the concerned security agency at aerodrome, to whom, the unruly passenger shall be handed over," the DGCA said.

What will land a passenger on the no-fly list?

In accordance with the DGCA, instances of unruly behaviour include intentionally interfering with a crew member's performance of their duties, smoking inside an aircraft, using threatening or abusive language toward a crew member or other passengers, consuming alcohol or drugs that may cause disruption, and more.

Level 1, 2, or 3 behaviours have been designated as disorderly and will determine the length of the suspension.

Physical gestures, verbal abuse, and disorderly inebriation are examples of Level 1 behaviour and up to three-month suspension may result from this.

Level 2 physical abuse, which includes "pushing, kicking, striking, grabbing or unwanted touching or sexual harassment," will result in a six-month suspension.

Level 3 behaviour include those that pose a risk to one's life, such as endangering the aircraft's operational systems and engaging in "physical violence, including choking, eye gouging, deadly attack, attempted or successful breach of the flight crew compartment, etc." In such a case, the prohibition may last for a minimum of two years or longer might be permanent.

According to PTI, the Ministry of Home Affairs can also give the DGCA and the airlines a list of those who have been deemed "national security concerns" so they can be put on the no-fly list.

So far, only one Mumbai jeweller has been added to the no-fly list thus far, according to a report in The New Indian Express from 2020.

On a Jet Airways aircraft from Mumbai to Delhi in 2017, multimillionaire Birju Kishore Salla falsely claimed there were hijackers and explosives in the cargo hold. Salla placed the letter in the lavatory. As a result, the aircraft had to make an emergency landing at Ahmedabad Airport.

He was also prosecuted under the new Anti-Hijacking Act of 2016, making him the first individual to be placed on the no-fly list.

(With inputs from agencies)

WATCH WION LIVE HERE: