Supreme Court Demands Aviation Rules to Tackle Airfare Exploitation in India
Supreme Court's Directive on Aviation Regulations
New Delhi: On Monday, the Supreme Court instructed the Central Government to submit the regulations established under the Bharatiya Vayuyan Adhiniyam, 2024, within a two-week timeframe. This legislation aims to enhance India's aviation industry.
A bench comprising Justices Vikram Nath and Sandeep Mehta requested that these rules be presented in a sealed envelope, regardless of their status in Parliament.
This directive came during the hearing of a petition by social activist S. Laxminarayanan, who is advocating for a strong and independent regulatory body to ensure transparency and safeguard passenger rights in the civil aviation sector. He also called for guidelines to manage the 'unpredictable fluctuations' in airfare and additional charges imposed by private airlines.
The government's counsel informed the bench that the draft regulations are prepared and currently being translated.
He noted that these rules must be submitted to Parliament.
The bench stated, 'We grant two weeks for the respondents to present the framed rules to this court in a sealed cover, irrespective of whether they have been submitted to Parliament.'
Senior advocate Ravindra Srivastava, representing Laxminarayanan, pointed out that the existing regulations remain in effect until the new ones are implemented.
Highlighting the 'exorbitant airfares' being charged, Srivastava argued, 'The court must consider establishing a robust and effective independent regulatory framework.'
The bench has scheduled the next hearing for August 3.
During a previous hearing on May 15, the Supreme Court emphasized the need for rationalizing airfares and urged the government to provide relief to travelers.
Solicitor General Tushar Mehta, representing the government at that time, mentioned that the new legislation from 2024 would take effect in January 2025, and the corresponding regulations were being developed.
On November 17 of the previous year, the Supreme Court requested responses from the government and others regarding Laxminarayanan's plea for a transparent and independent regulatory authority in the aviation sector.
On February 23, the government informed the Supreme Court that the Ministry of Civil Aviation was actively addressing the concerns raised in the petition.
In January, the Supreme Court indicated its willingness to intervene in the 'unpredictable fluctuations' of airfares, particularly during festive seasons.
The court described the significant increases in airfares by airlines as 'exploitation' and requested replies from the government and the Directorate General of Civil Aviation (DGCA) regarding the petition.
The petition alleged that private airlines have unjustifiably reduced the free check-in baggage allowance for economy class passengers from 25 kg to 15 kg, effectively transforming what was once included in the ticket price into an additional revenue source.
It further claimed that the new policy allowing only one piece for check-in, along with the lack of rebates or benefits for passengers not using check-in baggage, illustrates the arbitrary and discriminatory nature of this measure.
The petition argued that there is currently no authority capable of reviewing or capping airfares or additional fees, enabling airlines to exploit consumers through hidden charges and unpredictable pricing.
It also stated that the 'unregulated, opaque, and exploitative behavior of airlines, characterized by arbitrary fare increases, unilateral service reductions, lack of on-ground grievance resolution, and unjustified dynamic pricing algorithms, directly violates citizens' fundamental rights to equality, freedom of movement, and a dignified life.'
The petition emphasized that the absence of regulatory measures leads to arbitrary fare hikes, especially during festivals or adverse weather conditions, disproportionately affecting low-income and last-minute travelers.
It concluded that the government's failure to regulate fare algorithms, cancellation policies, service continuity, and grievance mechanisms represents a neglect of its constitutional responsibilities, necessitating urgent judicial intervention.
The petition also argued that there are no rules preventing airlines from raising prices based on demand, and allowing such freedom in essential services is unjustifiable.