Bharatiya Vayuyan Vidheyak 2024

• Context (TH): The Bharatiya Vayuyan Vidheyak Act 2024 replaced the Aircraft Act 1934.

Need for the Act

• Outdated Legislation: The Aircraft Act of 1934, though amended 21 times, failed to effectively address evolving aviation challenges.
• Global Compliance: Responds to International Civil Aviation Organization (ICAO) recommendations to align with global aviation standards.
• Ease of Doing Business: Simplifies processes for aviation personnel and organisations, promoting efficiency and transparency.

Key Provisions of the Act

• Regulatory Roles: The Directorate General of Civil Aviation (DGCA), Bureau of Civil Aviation Security (BCAS), and Aircraft Accident Investigation Bureau (AAIB) retain responsibilities for safety, security, and accident investigation under central government authority.
• Appeals: The central government acts as the final appellate authority for DGCA and BCAS orders.
• Aircraft Design Oversight: DGCA to regulate aircraft manufacturing, maintenance and design facilities.
• Expanded Rule-Making Powers: Central government gains authority over licensing, certification and international convention compliance.
• RTR Certification: DGCA will issue Radio Telephone Operator Restricted (RTR) certificates from DoT.
• Aviation Penalties: Introduces stricter penalties, including up to ₹1 crore fine or imprisonment for violations like unsafe flying or slaughtering animals near airports.
• Penalty Discretion: The central government retains discretion in setting penalties for other offences.
• Arbitration Authority: The government allowed unilateral appointment of arbitrators for land acquisition disputes near airports, exempting proceedings from the Arbitration and Conciliation Act 1996.

Benefits of the Act

• Streamlined Licensing: Single-window clearance through DGCA improves efficiency and transparency.
• Enhanced Oversight: Regulatory powers for design and safety align India with international standards.
• Legal simplicity: Replaces outdated laws with a comprehensive framework to address current challenges.

Issues

• DGCA remains under government control, unlike autonomous regulators in telecom or insurance.
• Unilateral appointment of arbitrators raises questions about fairness and constitutionality.
• Centralised discretion in penalty imposition risks inconsistencies.
• Inclusivity Concerns: Critics argue the Hindi title excludes non-Hindi-speaking citizens, alienating a significant population.

Way Forward

• Regulatory Independence: Transform DGCA into an autonomous body for enhanced credibility.
• Transparency: Ensure constitutional compliance for arbitrator appointments to uphold fairness.
• Penalty Rationalization: Create a standardised penalty framework to reduce discretion.
• Linguistic Inclusivity: Reconsider the Bill’s title to reflect India’s linguistic diversity.