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Safety and Security Regulations in India Emerging Legal Issues19

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					                                     2010-2011
                      Project Assignment-Aviation Law - II


       Safety and Security Regulations in India: Emerging Legal Issues




Introduction:


       Airports Authority of India is committed to the aviation safety in the country as desired
by ICAO Chicago Convention Article No. 44 and as required by DGCA India. It regards the
safety its First Priority in the aviation business and shall treat the safety matters on top
priority over the other matters. AAI is committed to share the safety matters, awareness,
practices with the stake holders and international community. AAI is committed to provide
adequate material resources including human resources and for training, repair maintenance
and upgrading the systems in a systematic and timely manner. AAI is committed to work in
coordination with international aviation community for the Global mission-


                      " One World-One Sky-One Mission : SAFETY "


       DGCA has a stringent safety audit procedure in place which is undertaken by the Air
Safety Directorate. This Directorate is headed by an officer of the level of Deputy Director
General and adequately manned in Headquarters and all the Regions. It is brought to the
notice that ICAO and FAA has conducted an elaborate safety audit of the DGCA and has put
it on record that India conforms to the highest level of safety regulations. India remained
category-I nation on safety parameters. The ICAO document 9859 chapter 12 lays down the
requirement of issuing a Safety Policy by the service providers and establishment of Safety
Management System (SMS) based upon the policy. The guidelines for Safety policy and
SMS framework are also issued by ICAO document {ICAO Regional Workshop on SMS and
State Safety Programme (SSP) Implementation}. Airports Authority of India had formulated
and circulated its Safety policy in 2004 vide Aviation Safety Circular No. 2/2004 dated 8
March, 2004. Gaining the practical experience of last five years, we have updated our Safety
policy indicating more clearly "How we do business here?" as mentioned in ICAO doc. 9859
chapter 12 page Nos. 138-139. AAI shall conceive, design, develop and effect changes to
the Aerodromes, CNS systems, ATS systems, airspace and air traffic management and
procedures involving all the stake holders for safe Air Navigation in the sky and for safe
aerodrome operations.
                                         :2:


       With all that is necessary there is very not so good practice that once an statute is
made it is relaxed for the sole reason of being of a routine nature or concerned to a known
person , there is relaxation example an employee of AAI may not be frisked every day , his
ID cards may not be examined on a daily basis, his lunch box, bag or for that matter his
children , relatives may not be a subject of concern when talking safety and regulations are
for reasons best known most in effective.


Over View


       The Civil Aviation Ministry’s resolve is to have a zero tolerance approach towards
safety of the aviation sector. In order to have a sustained and continuous process of
monitoring and implementing safety related issues a Civil Aviation Safety Advisory Council
(CASAC) has been set up under the chairmanship of Secretary, Ministry of Civil Aviation. It
is a representative body of all stakeholders and safety experts of international repute. It has
six working subgroups which are working continuously to formulate policies / regulations
pertaining          to           civil         aviation          safety           requirements.
It is further clarified that at present 9 government FOIs are on the rolls of Director General of
Civil Aviation (DGCA). However, these are insufficient number to carry out mandatory safety
oversight functions. Therefore, there is a Civil Aviation Requirement (CAR) for taking pilots
from other Airlines on secondment basis to supplement the surveillance activity undertaken
by the Flight Operation Inspectors (FOI). This is an effective tool to put in place an effective
safety oversight over the increasingly growing aviation industry. Accordingly, 18 FOIs on
secondment basis are working in the DGCA. The regulatory authority has an effective
system in place to avoid any conflict of interest while discharging their statutory duties. The
oversight functions are done by a team of FOIs and not on individual basis. They have to
undertake mandatory surveillance of various airlines in accordance with the annual plan as
per the standard check list.


Safety Plans: AAI shall make its country wide Safety Plans, and revise periodically
throughout all its operational activities for enhancement of safety.


Safety Management System: AAI shall establish SMS - the safety levels of airspace and all
aerodromes, identify hazards and lay down methods of risk assessments, risk mitigation,
safety measurements, reporting, monitoring and reviewing and shall endeavour to maintain
                                                :3:


the safety levels of all aerodromes, ATS and safety standards of CNS facilities even if the
traffic grows.


Safety reviews: AAI shall carry out safety reviews regularly at the specified periods of the
ATS and Aerodrome operations, CNS standards involving the management at station level,
region level and corporate level.


Responsibilities and accountabilities: AAI shall involve all its wings (Engg., CNS, Operations,
ATM, etc.) by documenting explicit safety responsibilities and shall evolve a procedure of
accountabilities from top management to the line managers.


Safety culture: It shall also involve the other stake holders, the regulator in the safety
promotion in the sky and ground operations by practicing the laid down procedures leading
to a safety culture.


Excellent ATM performance: To achieve the excellent performance of ATM procedures, unit
functions and the Air traffic controllers. AGL operations, repair and maintenance. Excellent
response to search and rescue and excellent coordination.


Safe aerodrome operations: To establish and maintain the aerodrome safety levels by re-
dressing the issues; Bird menace, FOD, runway operations, efficient handling of flights,
helicopter handling, Safety in apron operations: Passenger Handling, ramp and Equipment,
aircraft movements, push-backs, and cargo operations: loading / offloading, Apron safety
and cargo security. Airport security and safety integration.


Efficient performance of fire safety services: Fitness of staff, Equipments and training, repair
maintenance and performance of vehicles, excellent emergency response.


Failure-free ATS system: Standby systems, preventive maintenance of landlines, other
equipments and radars, intercoms, AMSS, upgrade in the technology, etc. Failure-free and
standard CNS facilities: Noise free standard communication channels, standby systems.


Standard and reliable surveillance system: Preventive maintenance. Nav. aids availability,
reliability, integrity, coverage and accuracy. Failure free terminal landing aids (localizer, glide
path, DME etc.) Status indicators.
                                               :4:


       Model-development of Movement areas of all airports: Proper security wall of the
airports, access and surveillance systems, Security equipments and CCTV around the
airports and in the ATS units. Development of the basic strips, approach funnels, grass
lawns and grounds, Drains, water harvesting, Mechanical sweeping of pavements and other
safety enhancement plans.


       The Director General of Civil Aviation (DGCA) is developing the final Civil Aviation
Rule (CAR). Further, the feedbacks received on the draft are being compiled. Also, the
minister added that the new rules provide that airlines will need to pay compensation and/or
provide added facilities to the commuters, in case of cancellation/delays of flights and
rejection of boarding. When asked about the several incidents of tyre burst, in the last three
years, the minister replied that the DGCA has issued licenses to 14 airports for scheduled
flight operations. However, only five airports are handled by the Airports Authority of
India (AAI). Remaining nine airports are operated by others. In case of negligence on
the part of airlines authorities, you can file a case under the Consumer Protection Act. Flight
delays/cancellation, delays in refunding money of unused tickets, delay in delivery of
luggage, loss of baggage, serving adulterated food or physical injury caused due to
negligence of the airlines staff are instances of negligence and valid grounds to file a case
against them in a consumer court.


Identified Challenges
Growing Trends in Air Cargo Business:
       Due to increased market demands, in recent years the volume of cargo transported
by air grew significantly and, as will be shown below, is expected to continue to grow at a
pace that will surpass in the foreseeable future the growth of the passenger air travel. In
brief, transportation of goods by air has become an essential component of contemporary
world economy. In this context, vulnerabilities in air cargo security place at risk the entire air
transportation system if exploited by terrorists and could prove extremely harmful to the
global economy and well being of the international community. The global scope of air cargo
transport and the threats to its security, however, raises the question of whether an
international approach based on harmonized best cargo security practices would be both
appropriate and feasible to adequately address the current and emerging air cargo security
vulnerabilities rather than national and regional initiatives.
                                               :5:


In flight Services, Crew Safety:
       The inflight service and crew safety aspects are been blindly guided on the the
diplomas and degrees they have been presenting at the time of recruitment programmes
and the contacts with out the standards of their professional and technical know how . how
ever there have been reported to have fabricated several certificates of such diplomas and
degrees expressing the training and completion of the program.. as such those relying and
getting into the high risk flight should be thoroughly dealt with as per law .


Issues Relating to Patents, Trademarks and Designs in Aircraft:


       Patents can generally only be enforced through civil lawsuits, A patent is not a right
to practice or use the invention.[13] Rather, a patent provides the right to exclude others[13]
from making, using, selling, offering for sale, or importing the patented invention for the term
of the patent, which is usually 20 years from the filing date[3] subject to the payment of
maintenance fees. A patent is, in effect, a limited property right that the government offers to
inventors in exchange for their agreement to share the details of their inventions with the
public. Like any other property right, it may be sold, licensed, mortgaged, assigned or
transferred, given away, or simply abandoned. Some countries have "working provisions"
that require the invention be exploited in the jurisdiction it covers. The rights conveyed by a
patent vary country-by-country. For example, in the United States, a patent covers research,
except "purely philosophical" inquiry. A U.S. patent is infringed by any "making" of the
invention, even a making that goes toward development of a new invention—which may
itself become subject of a patent.


       A patent being an exclusionary right does not, however, necessarily give the owner
of the patent the right to exploit the patent. While this term does not confer legal protection,
and a patent cannot be enforced until granted, it serves to provide warning to potential
infringers that if the patent is issued, they may be liable for damages. However, trade
secrets do not provide legal protection like patents, and are vulnerable to reverse
engineering and information leaks, i.e. breaches of confidentiality and corporate
espionage.


Consumer Protection in Civil Aviation:
       The consumers are at liberty to approach the Consumer Forum by filing a consumer
complaint through the consumer protection Act, 1986, which is in addition to remedies under
                                                :6:




the other Acts, and is sufficient to tackle all sort of issues related to the civil aviation and
have relevance with civil aviation industry.

Air Craft Hijacking:


        The UPA government made the anti-hijacking law much tougher by including
death                  sentence                  as              a                punishment.
The Cabinet was expected to consider the proposal moved by civil aviation ministry to
amend Anti-Hijacking Act of 1982 to make it more stringent to deter hijackers from
using              an               aircraft             as              a              missile.
With enhanced terror threats, a group of ministers headed by home minister P
Chidambaram had cleared the "tougher" proposals paving the way for civil aviation
ministry      to        move      the          amendments      for      Cabinet       approval.
The Cabinet’s approval paves the way for amending section 4 of the 1982 Act, which
provides for life imprisonment and a fine for hijacking, to include death penalty also the
fresh move to ensure legal sanction to anti-hijacking policy comes almost five year after
the Cabinet Committee on Security had cleared it in August, 2005. The policy allows
shooting down of a "hostile plane if there is conclusive evidence that it is likely to be
used as a missile to blow up strategic establishments". The policy recognises that
hijacked aircraft can be transformed into a "hostile" entity. It also prescribes surrounding
of hijacked planes by fighter aircrafts in Indian airspace, the policy also provides that
no negotiations whatsoever would be held with hijackers. The policy talks about
immobilisation of an aircraft and not allowing it to take off if the hijacking takes place on
Indian soil, besides scrambling of IAF fighters if the hijacked plane remains in Indian
airspace. The law will authorise Indian Air Force to take quick steps for scrambling
fighters to guard and guide hijacked aircraft and force land it in an Indian airport.


Environment and Aviation: Issues and Challenges :
        Indian aviation to grow to 20 – 30 percent in one year growing flight movements in
open skies and the environemtal increased pollution . Minium environmental protection
standards in various discharges including in air and on land and the waste from various
sources concerned the flight have no law to restrict or impose
                                       :7:


Information of Aircraft Insurance:
       One estimate suggests that Pakistan / China and Dubai has better Insurance
penetration Per Capita compared to India, Aviation insurance provides coverage for hull
losses as well as liability for passenger injuries, environmental and third-party damage
caused by aircraft accidents. Aviation insurance is insurance coverage geared specifically to
the operation of aircraft and the risks involved in aviation. both the Proposer and Proposed
for Insurance Cover can / should inter-change the role from Insurance Company to
Customer or Vice Versa, should we want to enhance the penetration of Insurance Coverage
in INDIA, In Western World, one cant solicit business of Insurance unless one has
Producer’s License, whether one works for Insurance company (Agency) or a Broking Form
or a Bank. India surely needs this level playing field and there should be One Law for all
kind of Insurance Sales and Distribution. Those travelling have no idea as to their rights ,
privileges and in case of any unforeseen accidents or any coverage’s through insurance the
mostly unaware passengers just travel and have no idea and it causes a lost of
mismanagement of public funds in the hands of many. Like there are specific allegations that
the insurance advocates, agencies have exploiting the victim families and making the most
of the insurance coverage as the victim families have no knowledge of the out come of an
incident while travelling or for the loss of any baggage , cargo etc...


Joint Ventures in Civil Aviation Sector:
       Over the past few years in India, the attitude of the Government and Aviation Industry
towards the regulation of Air transport has undergone a profound change in almost all
spheres. New concepts of ownership, financing, management and operation of air transport
are the emerging trends in India. Airport owners and operators who realize this situation are
trying to improve their facilities and services to attract major airlines. Therefore, airport
owners and operators are devising the privatization of airports to solve the problem, global
scenario are the increased globalization of economies, liberalization of aviation policies, new
technological developments in civil aviation, privatization of airlines and airports and liberal
and open skies bilateral agreements. Deregulation and intensified global competition are
forcing airlines to become responsive, competitive and efficient by focusing more closely on
their customers and operations, the Government and Aviation Industry towards the
regulation of Air transport has undergone a profound change in almost all spheres. New
concepts of ownership, financing, management and operation of air transport are the
emerging trends in India. Airport owners and operators who realize this situation are trying to
improve their facilities and services to attract major airlines. Therefore, airport owners and
                                              :8:


operators are devising the privatization of airports to solve the problem. The airport
privatization can be summed up as follows: economic efficiency, private finance, and
aggressive marketing. Leasing and Financing of Aircraft , many businesses benefit from
leasing, rather than purchasing aircraft. Aircraft leasing provides benefits for many
businesses with aircraft needs. For example, an operational lease allows the business to use
the aircraft but without the cost or risk of owning the aircraft, There are many possible ways
to structure a financing arrangement and each complicated decision can have a profound
effect on the outcome of the financing arrangement and the amount of money owed by
purchaser or made by the financer. An aviation lawyer can helping with financing aircrafts by
securing financing agreements a bank of a foreign nation, creating secured transactions that
encourage financers to lend money to aircraft purchasers on favorable terms because of the
security interest that they take in the aircraft; and creating traditional equipment trust
certificates or enhanced equipment trust certificates to finance an aircraft. The pros and cons
of financing aircrafts and aircraft leasing result in major legal repulcations having
effect..When there is a breach of the term of agreement or in terms of a lease agreement than
to give effect to the instrument which ever has been prefered have to be undergo the legal
barriers.



        The International Air Transport Association (IATA) has developed the commercial
standards for the airline industry, and conducts safety audits of the airlines that the laid down
procedures are followed or not and certifies them.        The Constitution of India has also
specified provisions for ensuring occupational health and safety for workers in the form of
three Articles i.e. 24, 39(e and f) and 42. The regulation of labour and safety in mines and oil
fields is under the Union list. While the welfare of labour including conditions of work,
provident funds, employers' invalidity and old age pension and maternity benefit are in the
Concurrent list. Issues pertaining to International Law, International Crimes and compliance
of ICJ judgments. The Judges opined that the enforceability of Judgments of ICJ would
never pose a problem because no State within the United Nations would like to appear to be
a lawless state. Health and safety of the employees is an important aspect of a company's
smooth and successful functioning. It is a decisive factor in organizational effectiveness. It
ensures an accident-free industrial environment. Companies must attach the same
importance towards achieving high OH&S performance as they do to the other key
objectives of their business activities. This is because, proper attention to the safety and
                                              :9:


welfare of the employees can yield valuable returns to a company by improving employee
morale, reducing absenteeism and enhancing productivity, minimizing potential of work-
related injuries and illnesses and increasing the quality of manufactured products and/ or
rendered services. India is a founder member of International Labour Organization. The
principal means of action in ILO is the setting up the 'International Labour Standards' in the
form of Conventions and Recommendations. Conventions are international treaties and are
the instruments which create legally binding obligations on the countries ratifying them.
Recommendations are non-binding guidelines which orient national policies and actions. ILO
has so far adopted 182 conventions and 190 recommendations, encompassing subjects
such as worker's fundamental rights, worker's protection, social security, labour welfare,
occupational safety and health, women and child labour, migrant labour, indigenous and
tribal population, etc The approach of India with regard to International Labour Standards
has always been positive. India has accordingly evolved legislative and administrative
measures for protection and advancement of the interests of labour in India. The practice
followed by India so far has been that a Convention is ratified only when the national laws
and practices are in conformity the provisions of the Convention in question. India has so far
ratified 41 ILO Conventions. The unratified Conventions of the ILO are also reviewed at
appropriate intervals in relation to our National laws and practices, The ISAGO audits were
conducted jointly by an auditor from IATA and auditors from the airline., the           airline’s
headquarters'' organization and management systems as well as the management system at
various stations (airports), would be     assessed on the parameters like passenger and
baggage handling, load control, aircraft handling and loading, aircraft ground movement,
cargo and mail handling.


Pilot licence pending finalization of investigation:


       Director General of Civil Aviation based on preliminary report of accidents/incidents
at times order pilots/AME not to exercise the privileges of their licence pending finalization of
investigation. It has been reported that in few cases it took long period before these pilots
were permitted to exercise privilege of their licences. Therefore in order to streamline the
procedure it has been decided that following will be followed in future: In case the
preliminary investigation reveals issues of pilot proficiency or perfunctory inspection by AME
Orders in writing will be issued quoting the relevant proviso of Regulations to
pilots/engineers not to exercise the privileges of their licence. Initially these orders will be
issued for maximum of 8 weeks in case of incident and maximum of 12 weeks in case of
                                               :10:


accidents. All regional offices will forward a list to Headquarters every month giving details of
incidents where pilots/engineers were off rostered. A fortnightly review shall be carried out
by Director Air Safety at DGCA Headquarters .


       Airports Authority of India (AAI) in Feb-2011 stated it requires additional funding to
keep pace with the fleet and traffic expansion expected in India over the next few years. AAI,
which invested around USD265 million in modernisation projects in 2010, has also outlined
the status of 14 greenfield airports in India which have been granted 'in-principle' . The
political representatives habe to held liable for their actual negligence in the implementation
of any statute . Separate statute to deal with the ministers or political representatives to
concerned aviation sector be liable for the acts of the subjects under the political head.


Strategies to meet the challenges
       The main challenge in designing an adequate security system is to ensure that
security improvements are responsive to the time-sensitive realities of air cargo industry.
Shortage of Pilots in India, even though there is a easy pilot licence’s , recruitment and
relaxation of pilots age limit to 65 years, conversion of pilot licences from foreign to the
nations licences, on line test of pilots , defence pilots and coordination, there is a lack of
specific statute to control such frauds or can we say suppression of material facts, what is
the penal provision and who has to handle the situation, for this we suggest the special
officer to continiouslu monitor through intelligence and coordinate to the Police .


       The States attending the Chicago Conference agreed on the need for uniform
technical standards aiming at preserving aviation safety and security, and, for that purpose,
authorized ICAO to regulate matters such as aircraft licensing, airworthiness certification,
registration of aircraft, international operating standards, and airways and communications
controls. To address concerns over funding security initiatives, a fee schedule be
established to be charged to all shippers to cover costs associated with screening
cargo, fee that would be similar to the security service fee imposed on airline passengers in
the United States.511 Regardless of how such a fee is collected, i.e., either through fees
assessed to air carriers or freight forwarders or through direct fees applied to each shipment,
the cost will be borne by shippers and ultimately passed on to the users of their services.


       A key international convention relating to patents is the Paris Convention for the
Protection of Industrial Property, A patent is requested by filing a written application at the
                                                                    :11:


relevant patent office. The person or company filing the application is referred to as "the
applicant". The applicant may be the inventor or its assignee. The application contains a
description of how to make and use the invention that must provide sufficient detail for a
person skilled in the art (i.e., the relevant area of technology) to make and use the invention.
In some countries there are requirements for providing specific information such as the
usefulness of the invention, the best mode of performing the invention known to the inventor,
or the technical problem or problems solved by the invention. Drawings illustrating the
invention may also be provided.


            It must be ensured that whenever pilots or engineers are debarred to exercise the
privileges of their licence, the investigation of the incidents are promptly carried out. In case
of incident it should be completed within 4 weeks and in case of accident same should be
completed within 12 weeks of stipulated time.


            The men to machine ratio of Air India is HIGHEST in the world .These
staff       members         including      cabin           and        flying       crew        should              be     paid       as     per
the      other      industry       norms       .Paying             2.5      to    5     lakhs        to        a        12th     pass      Pilot
is      not    justified     .High        time        ,    AI        should          take      the         things         seriously         and
remove                  60%                    of                    their                  staff                       immediately,Perks
given          to      staff         –         free            5          star         hotel          ,        flying            bonus         ,
productivity         bonus     (     HA    !     )    free         pick      up      and       drop        (   any        12th       pass     fit
for     a     peon    job      never      dream           of       free     travel      )   free          Foreign         Exchange          and
free          Passes           for        entire           family                any        where                  in          the        world.
Setting up a separate tribunal for dealing all the cases in respect of air transportation, like
Railway Tribunal, and also appoint members who have special qualification and experience
in the aviation Industry, for bringing Speedy relief to the passengers in particular and also to
all those persons who are all connected with this aviation Industry


Case Laws

AIR CANADA V/s S.K. MALHOTRA AND OTHERS: They had confirmed booking of tickets
with Air Canada, from Delhi to Baltimore on 30.4.2005 as also for their return journey to
Delhi from Baltimore to Delhi via Toronto. When the couple reached Baltimore on 17.6.2005,
they were informed that the flight from Toronto to Delhi had been rescheduled from
17.6.2005 to 19.6.2005. In the absence of any prior intimation, the complainants had to stay
                                                :12:

at Toronto for two days where the petitioner – Airline had not provided any accommodation.
The District Forum, held that the opposite party deficient in rendering service and
directed the airline to pay Rs.1 lakh as compensation to the complainants and in addition
awarded      a    sum     of   Rs.10,000/-      towards       the   cost   of    litigation.    .....


In Gururaj Joshi vs. Gulf Air Co. & Anr. Case the National Forum has decided the case for
He booked nine parcel all weighing 210 kgs Jeddah to Bangalore. He was given delivery of
8 parcels and ninth parcel could be traced after 1/1/2 months. Respondents were directed
to pay Rs.4800/- towards refund of demurrage charges collected from the complainant
and further sum of Rs.1,520/- being the proportionate freight charges collected for 17.6 kgs.
of goods. A sum of Rs.5,000/- was also awarded to the complainant towards cost of the
appeal. It was further directed that the amounts as ordered shall be paid within six months
of the order failing which interest @ 15% shall be leviable till realisation.

In   a   case    Punjab   National    Bank     V/s K      B    Shetty –    II   (1991)    CPJ   639
The complainant purchased the ticket from the travel agency, by paying Rs. 48, 570/- for
travel to U S A and back. The agency failed to purchase the ticket and finally returned the
money by cheque which, however was dishonoured. The complainant filed a case against
the Agency before the Metropolitan Magistrate, as also before the State Commission to
recover the money with compensation. The agency contended that since the criminal
complaint about dishonouring of cheque was pending the complaint was not maintainable.


The National Commission relied upon an earlier judgment of the Commission in a similar
case when it was held that the criminal case filed by the complainant was no bar to the
maintainability of the complaint before them.



“Delhi Airport escalator’s death case”. Death of little girl while trapped in Airport escalator
at the New Delhi Airport, by Air India flight on 13.12.1999. Passengers or visitors who use
amenities provided in Airport are consumers and complaints are maintainable under the
Consumer Act. AAI is liable to pay compensation. On this issue the Supreme Court
upholds the order of National Commission awarding Rs.1.7 crore as compensation for death
of girl in escalator.
                                              :13:

In a case Mrs Anita Bhatia &Ors V/s Kenyan Airways I (2004) CPJ 58 (NC) Kenyan
Airways between Bombay and Nairobi- Compensation payable in the case of air accidents
should be arrived at as per the law of the country.


Conclusion :


       The National Commission relied upon an earlier judgment of the Commission when
it was held that the criminal case filed by the complainant was no bar to the maintainability of
the complaint before them. As such any offence done in respect of the safety and security of
the aviation, and looking for the forum to take resource immediate criminal case may be
registered and tried by a special agency more technically qualified and in existing law
enforcing agencies to give meaning else there will always be challenges , both legally and
practically. “File in Proper Forum”—should not be the out come. Pilot licence pending
finalization of investigation:, trade secrets do not provide legal protection like patents, and
are vulnerable to reverse engineering and information leaks, anti hijacking laws have been
made tougher because the previous law was not efficient in all aspects in combating a
situation created due to hijack., we need to keep changing laws and acts as we move ahead
because things do not remain stagnant with time and so should the laws. With the
amendmentof sec 4 of the Anti Hijacking Act in which we proudly claim that “ the policy
also provides that no negotiations whatsoever would be held with hijackers” what
would be the fate of those in the hijacked flight the negotiations can not be ruled out . Rather
stringent measures to influence the organizations and other political abettors have to be
zeroed and efficient and effective means of dealing with the situation may sought.

       According to Prof R K Gupta ; -“ World class is very popular slogan in India today
Indians are suffering from severe illusion of supremacy. The fact remains that India is a
populous and poor country. We are thoroughly corrupt and inefficient. We have virtually zero
technology and R& D base and are born profiteers. Even today nothing can work without
bribes “ . With such a view expressed by the proffers’ we do have to realize that the BRIBE
which is having a lost of effect on all the operations and a result of all the follies have to be
curbed and a separate system to monitor and maintain the systematic anti corruption in
aviation sector in need of the hour.
                                    :14:




Reference/Bibliography :

http://www.avindia.blogspot.com

http://www.tenaliramaadvocate.com

http://www.aai.aero


http://www.aviationattorneys.com


http://www.rediff.com

				
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