Aviation Laws And Air Passenger Rights In India

India's Aviation Law Framework

India's aviation sector is governed by a complex web of legislation — primarily the Aircraft Act, 1934, the Carriage by Air Act, 1972 (implementing the Warsaw and Montreal Conventions), and regulations issued by the Directorate General of Civil Aviation (DGCA). The regulatory landscape has evolved significantly with the growth of Indian aviation into one of the world's largest and fastest-growing markets.

Advocate Srijan Tiwari's analysis in Outlook India examines how this regulatory framework balances the commercial interests of airlines against the fundamental rights of passengers — a tension that comes sharply into focus during flight delays, cancellations, denied boarding, and baggage-related incidents.

Key Passenger Rights Under Indian Law

The Civil Aviation Requirements (CAR) issued by the DGCA provide a framework of minimum passenger rights:

• 1Compensation for denied boarding due to overbooking — ranging from ₹5,000 to ₹10,000 depending on delay duration
• 2Right to meal and refreshments for delays exceeding 2 hours
• 3Accommodation and transport for delays overnight
• 4Full refund or alternate flight for cancellations with less than 2 weeks notice
• 5Compensation for baggage loss under the Montreal Convention limits
• 6Right to information about delays and cancellations in a timely manner

Airline Liability and Legal Remedies

A critical aspect of Advocate Tiwari's analysis concerns the distinction between domestic and international flights — a distinction that fundamentally determines the legal framework applicable to a passenger's claim. For international flights, India's ratification of the Montreal Convention (1999) establishes strict liability for airlines in cases of death or injury, baggage loss, and flight delays.

For domestic flights, remedies are primarily governed by DGCA regulations and the Consumer Protection Act, 2019. Passengers may approach the National Consumer Disputes Redressal Commission (NCDRC) or appropriate State Commissions for claims against airlines — and courts have increasingly awarded substantial compensation where airlines have failed to meet their regulatory obligations.

Regulatory Enforcement and DGCA's Role

The DGCA's enforcement powers have been strengthened in recent years. Airlines found in systematic violation of passenger rights face not only financial penalties but potential suspension of operating licences. The analysis highlights how DGCA's monitoring mechanism requires airlines to file periodic reports on complaints received and resolved — creating a compliance paper trail that passengers and their legal counsel can use in proceedings.

Advocate Srijan Tiwari brings to this analysis his expertise in regulatory compliance and enforcement proceedings — skills directly transferable from his primary practice in pharmaceutical and drug law, where regulatory compliance and government enforcement are central to every matter.