Gaikwad-Air India issue: Govt looks at no-fly list; DGCA rules unclear

Civil Aviation Ministry to look into lacunae around blacklisting of a passenger by airlines

Shiv Sena MP Ravindra Gaikwad altercation with an Air India staffer and the subsequent action by six airlines to bar him from flying with them has prompted the Civil Aviation Ministry to look into the subject of a no-fly list with renewed vigour.  

While Shiv Sena MPs on Monday demanded lifting of the ban imposed by various airlines on party lawmaker Ravindra Gaikwad,  the government said airlines had the right to refuse a passenger if they found his "demeanour" to be incorrect.

As reported earlier, the ministry said that there needed to be clear rules regarding on what grounds such a ban could be instituted against an individual and its duration, among other things.   

What does the DGCA say

The Civil Aviation Requirement (CAR), issued by the Directorate General of Civil Aviation (DGCA) in 2014, allows airlines to "refuse embarkation or off-load" a passenger who is unruly or disruptive. 

Further, under the CAR, airlines are directed to establish a mechanism to detect and report unruly passenger behaviour at check-in, in the lounges, and at the boarding gate in order to prevent such passengers from boarding. In the case of any occurrence of an act of unruly behaviour while the aircraft is on the ground, such cases are to be reported immediately in writing and First Information Report (FIR) lodged with security agency at the aerodrome for assistance.

However, the CAR does not have any provision for a permanent blacklist. ( Read more here)

As reported earlier, despite no existing provisions for a clearly defined blacklist or no-fly list, airlines are of the opinion that such measures are necessary. In the wake of the Gaikwad incident, IndiGo president Aditya Ghosh told Business Standard, “We want a no fly list.” However, senior airline executives also say that maintaining a black list should be preceded by forming mechanism of identifying a passenger.

Currently, AI and six private airlines have banned the 56-year-old MP from flying as he refused to apologise for the incident that triggered nationwide outrage. Gaikwad had abused and assaulted a 60-year-old duty manager of AI, R Sukumar, with slippers for not being able to fly business class despite having boarded an all-economy Pune-New Delhi flight. 

Civil Aviation Ministry pursues clarity 

As reported earlier, following the recent incident, the ministry has been examining the legality of the airlines' move to blacklist Gaikwad.  

Specifics of the current situation aside, the ministry appears to be aware that there is a lacunae in the present regulations and has decided to look into the matter of a no-fly list or blacklist. Civil aviation secretary Rajiv Nayan Choubey said that the ministry has received many suggestions from the airlines and was now studying examples of other countries where such a system exist.

“We are deciding the modus operandi of having such a list, it has to be full proof if it comes, there should be concrete laws deciding what situations can lead to a person to be blacklisted, how long the ban will last and what will be the redressal mechanism for a passenger if he feels that he has been wrongly indicted,” Choubey told Business Standard in an interview.

Shive Sena rallies behind Gaikwad

If the viral video of Gaikwad's fracas with the AI staffer caused outrage in the common public, Shive Sena, and some MPs from other parties, have not been far behind in expressing its displeasure, with the airlines that is. 

Extending his support to Ravindra Gaikwad, Shiv Sena leader Sanjay Raut on Monday asked as to why there is no action taken by the airline against comedian Kapil Sharma and others who had also misbehaved with their staff in the past. "If airline can ban MP for slapping someone 2-3 times, then there are cases of Kapil Sharma and others, how many have you banned?" Rawat told a news agency. The party had also called for a bandh in MP Ravindra Gaikwad's constituency of Osmanabad, Maharashtra, on Monday and raised the issue in Parliament. (Read more)

Samajwadi Party member Naresh Agrawal backed Gaikwad on Monday in the Rajya Sabha, attacking airlines that banned his entry. He said that airlines banning Ravindra Gaikwad just goes to show their thuggishness. Agrawal was not alone, Congress MP Renuka Chowdhury on Monday extended support to Gaikwad, saying other airlines should not have imposed a flying ban on him.