No-fly rules finalised, has minimum 2-year ban

The new rules provide graded punishment for offences which are categorised into three levels. Dh illustration

According to India Today: "The government earlier this year had announced draft rules for a national "no-fly list" following consultations from the public and the industry stakeholders on the guidelines". Following once such incident, where Shiv Sena MP Ravindra Gaikwad allegedly hit an Air India ground staff "25 times" with slippers, the government was forced to prepare a list for a no-fly list comprising unruly passengers. The revised Civil Aviation Requirement (CAR) on Unruly Behaviour which seeks to ban passengers for varying periods of time comes into effect from today.

Discussions of India introducing a No-Fly list was spoken about in April this year after Indian politicians were pulled up for harassing airline personal.

"No other regulator in the world has based its no-fly list on safety", he told reporters.

"No-Fly ban will be in addition to any statutory legal action that can be taken against the offender under existing laws", said Minister Raju. The ban on flying would be based on specific rules and not on the personal opinions of the airlines staff.

It's important to note what the MoS for civil aviation Jayant Sinha said, "We have tried to achieve a balance between aircraft security and interests of passengers, cabin crew and airlines at large".

No Fly List - First of it's kind, any where, the list will have the list of people's names and give the airlines in India the authority to ban people on board. This level of offence will carry a flying ban of three months.

Level 2: Physical violence- This offence could lead to a ban between 3 to 6 months.

Level 3 includes life threatening behaviour (assaults, damage to aircraft systems etc.) where the passenger will be banned for a minimum of two years. The internal committee will have retired District & Sessions Judge as Chairman and representatives from a different scheduled airline, passengers' association/consumer association/retired officer of Consumer Dispute Redressal Forum as Members.

For repeat offenders, the person will be banned for twice the period of previous ban. Passengers seen as a threat to others will be barred from flying for a period depending on the nature of the offence they have committed. The no fly list is expected to curb the menace. Unruly behavior of passengers at airport premises will be dealt with by relevant security agencies under applicable penal provisions. Although vindicated by the Supreme Court in a famous judgement that linked the right yo move about freely as an important and inalienable right of a citizen, such official no-fly lists could be easily exploited to prevent dissenters such as Pillai from boarding citing misdemeanour.

Appeals against a ban will be heard by an Appellate Committee that will be formed by the civil aviation ministry.

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