In the latest instance of unruly behaviour, a passenger onboard a Mumbai-Delhi flight “defecated, urinated and spat on a passenger,” as per the airline. The cabin crew secluded the man from others for his misconduct, reported the matter to the Commander, who, in turn, informed the police. The passenger was arrested on arrival and freed on bail soon thereafter.
The airline reported the matter to the DGCA, which appears satisfied when an airline complies with its direction of reporting every incident on a flight. Its responsibility seemingly ends at this stage. And, if an airline falters for whatever reasons, DGCA is prompt in imposing a fine.
The media, particularly the electronic media, goes berserk reporting the incident because every news story concerning aviation attracts more eyeballs. The airline’s image becomes a casualty because a major segment of the media embarrasses the airline more than the culprit.
Perfected drill
The drill for crew on board flights, airline officials on the ground, DGCA as a regulatory agency, and the media seems to have been perfected. A day later everything is forgotten till there is another instance of unruly behaviour to report.
Is this all that is required to be done even as cases of unruly behaviour on board flights rise? Why aren’t the authorities waking up to relook at existing laws since they are failing as a deterrent?
According to India's aviation rules, if a passenger is found guilty of unruly behaviour, action under criminal law can be initiated besides banning the person from flying for a particular period, depending on the level of the offence.
There are four levels of offences categorised by the International Air Transportation Association (IATA). Level 1 (Minor) is when a passenger either refuses to comply with safety regulations and policies or is boisterous and argumentative on a flight. Level 2 (Moderate) is when a passenger is physically aggressive, obscene or makes lewd physical contact or causes damage to aircraft fixtures or equipment. Level 3 (Serious) relates to a passenger having a weapon, intent to injure or threatening to injure; Level 4 (Flight Deck Breach) relates to an attempt to hijack or sabotage an aircraft.
Most recent instances of unruly behaviour on Indian carriers have been of Levels 1 and 2. These include a drunk Swedish national who allegedly molested a crew member onboard a Bangkok-Mumbai flight; two flyers travelling from Dubai to Mumbai allegedly being drunk and misbehaving with the crew; a passenger on a London-Mumbai flight found smoking in the lavatory and behaving in an unruly manner; a flight to London having to return to Delhi after an unruly passenger harmed two cabin crew members — the family of that passenger said he was mentally unstable... One can go on to list numerous recent other instances of unruly events on board flights of Indian carriers. The names of the airlines have been deliberately omitted in the instances quoted here.
A ‘No Fly List’ is no deterrent
As per a recent statement by Minister of State for Civil Aviation VK Singh, 10 passengers had been put on the 'No Fly List' this year till 15 March. Sixty-six and 63 passengers were placed on the ‘No Fly List’ in 2021 and 2022, respectively, in accordance with the Civil Aviation Requirement (CAR) on unruly passengers.
As the offending passengers cut across all segments of society, no one can argue that the menace is restricted to the uncouth, the underprivileged, the uneducated, who lack flying etiquette. One wonders what it is that makes a normal person behave in an undesirable manner while on a flight. Liquor, served only on international flights, has been a cause in some cases, but there is simply no justifiable reason for unruly behaviour on short domestic flights.
An international menace
The growing trend of unruly incidents isn’t restricted to Indian carriers alone — it’s a global phenomenon. Unruly passenger incidents onboard commercial airline flights worldwide increased 37% in 2022 as compared to 2021, according to a new analysis by IATA.
In 2021, airlines reported one unruly passenger incident per 835 flights. In 2022, that number went up to one incident per 568 flights.
“The most common categorisations of incidents in 2022 were non-compliance, verbal abuse and intoxication. Passengers and crew are entitled to a safe and hassle-free experience on board. For that, passengers must comply with crew instructions. While our professional crews are well-trained to manage unruly passenger scenarios, it is unacceptable that rules in place for everyone’s safety are disobeyed by a small but persistent minority of passengers. There is no excuse for not following the instructions of the crew,” said Conrad Clifford, IATA’s Deputy Director General.
Since instances of unruly conduct by passengers continue, it is imperative for both the Ministry of Civil Aviation and DGCA to review existing laws in conjunction with airlines. Even though 60 plus passengers were put on the ‘No Fly List’ in each of the last two years, how many passengers are aware of this? More importantly, how many of these passengers were regular travellers? If most of them happened to be occasional travellers the punishment of being put on ‘No Fly List’ will not have an impact.
As for criminal cases being filed — as provided in the law — one is again oblivious of what transpires. Who is pursuing the cases that are filed? All we know is that passengers being arrested on arrival are invariably granted bail, and the unfortunate chapter is more or less deemed closed by all concerned. Neither the airlines nor the DGCA has ever notified the public that unruly passengers have been severely dealt with to set a deterrent for others.
Two-pillar strategy
A two-pillar strategy devised by IATA is in place for the much needed zero-tolerance approach to unruly behaviour. The first is to ensure that governments have the necessary legal authority to prosecute unruly passengers, regardless of their state of origin, and to have a range of enforcement options. This was devised for international travellers and international airlines as the jurisdiction of a country or place of aircraft registration was questioned by lawyers on several occasions to defend their clients from the clutches of law.
The second is guidance to passengers to prevent incidents. This can be done through awareness campaigns at vantage points at airports, bars and restaurants and duty-free shops. There is no reason why the DGCA should not pay heed to the suggestion on creating awareness by making airports display relevant messages. Airlines can publicise the consequences of unruly behaviour to act as a last-minute reminder to air travellers.
As instances of unruly behaviour are rising at an alarming pace, affecting the profile of airlines and the country, all concerned need to review existing laws. Since they have proved to be inadequate as a deterrent, more stringent rules must be thought of, introduced and enforced to control the menace.
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