Explained | DGCA rules on unruly behaviour and the no-fly list

Air India banned a passenger for 30 days due to unruly behaviour. What does that entail, what are the rules? Let's take a look

In a shocking incident, an inebriated man onboard a Delhi-bound Air India flight urinated on an elderly woman. The carrier has banned the “unruly passenger” from Air India flights for 30 days, set up a probe panel and reported the incident to the Director General of Civil Aviation (DGCA).

Over two years ago, comedian Kunal Kamra was also barred from flying on four carriers due to unruly behaviour.

In light of the recent events, let us take a look at what this behaviour constitutes, what the aviation watchdog can do about it and details about the no-fly list.

What are DGCA’s rules about disruptive behaviour on flights?

The government released rules to prevent unruly passenger behaviour on flights in 2017 and detailed guidelines for a no-fly list.

If an airline finds a passenger’s behaviour unruly, the pilot-in-command has to file a complaint, which is to be investigated by an internal panel. During the probe, the airline can ban the flyer for a maximum of 30 days. The committee has to decide on the matter within 30 days and specify how long the flyer can be kept from travelling. If the panel fails to give a decision within the stipulated time, the passenger is free to fly.

The committee must have a retired district and session judge as Chairman, a representative from a different scheduled airline as a member and a representative from a passengers or consumer association.

What is the purpose of a no-fly list?

The DGCA’s Civil Aviation Requirements (CAR) deem unruly behaviour onboard a plane as a punishable offence.

“Although unruly passengers represent only a miniscule proportion of passengers as a whole, even one unruly passenger can jeopardise safety on board. Unruly passengers affect all personnel involved in the process connected with a flight operation, ultimately affecting the operation of the flight itself,” the CAR reads.

These rules were developed after an incident involving former Shiv Sena MP Ravindra Gaikwad assaulting an Air India staffer on a 2017 flight. Gaikwad was banned by several carriers for two weeks. Later that year, the no-fly list and the CAR came into effect.

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

Anyone causing disruption to the airline’s normal functioning in any way can be put on a no-fly list.

Airlines have been instructed to create SOPs for situations where a passenger may become problematic. Unruly behaviour could be the result of an event of unsatisfactory service or a condition or effect of a series of such events that build up. This is the case we saw last month when an IndiGo cabin crew member got into a shouting match with another passenger.

An indicative list of unruly behaviour issued by DGCA includes consuming alcohol or drugs which may result in disruption, smoking in an aircraft, using threatening or abusive language towards a member of the crew or other passengers, intentionally interfering with the performance of the duties of a crew member etc.

The watchdog also classifies behaviours that will land you on the list in three levels. Level one is physical gestures, verbal harassment, unruly inebriation, followed by level two including physically abusive behaviour (pushing, kicking, slapping etc) and level three is life-threatening behaviour. This includes damaging aircraft, or physical violence like choking, murderous assault etc.

The Ministry of Home Affairs also provides a list of individuals identified as national security threats to DGCA and to the airlines, for inclusion in the no-fly list.

Can a person held guilty by the panel appeal the decision?

Any person who has been banned by an airline may appeal within 60 days from the date of issue of the order to an Appellate Committee. As per CAR, the decision of the appellate committee is final and any further appeal lies in a High Court.

Who has been put on the no-fly list?

In 2017, a businessman on a Jet Airways Mumbai-Delhi flight was put on the no-fly list for leaving a warning note in the restroom that there were hijackers and explosives on board. The flight made an emergency landing and the man became the first to be put on the no-fly list. A special NIA court sent him to prison for life and fined him Rs 5 crore.

The DGCA rules only apply to Indian airlines, so a person on a no-fly list may still fly internationally.

There have been scuffles in the air on several occasions but no more civilians have been put on the no-fly list.