In a landmark development, the Rajya Sabha has approved the Bharatiya Vayuyan Vidheyak, 2024, a revolutionary step that effectively replaces the nearly century-old Aircraft Act of 1934. This legislation marks a major shift in India's aviation framework, aligning it with the needs of a rapidly modernizing aviation industry. Passed during the ongoing Winter Session, the bill has garnered approval from both the Lok Sabha and the Rajya Sabha, signifying a strong consensus towards modernization.

The bill's journey began on July 31, 2024, when it was introduced in the Lok Sabha. It was swiftly passed on August 9, 2024, underscoring the urgency to update outdated laws governing the aviation sector. The bill's subsequent passage in the Rajya Sabha represents a crucial milestone in reforming India's aviation regulations.

Under the Bharatiya Vayuyan Vidheyak, 2024, key aviation authorities such as the Directorate General of Civil Aviation (DGCA), the Bureau of Civil Aviation Security (BCAS), and the Aircraft Accident Investigation Bureau (AAIB) will continue to operate under the supervision of the Central government. This continuity ensures regulatory stability while empowering these bodies to uphold stringent safety and security measures.

One of the most significant changes brought by the legislation is its expanded scope. It goes beyond the traditional domains of manufacturing, ownership, and trade, now encompassing aircraft design. This move is seen as a pivotal effort to bridge the gap between Indian aviation regulations and global standards, ensuring that India remains competitive in the global aviation landscape.

Additionally, the bill introduces strict penalties for activities that endanger airport security or violate environmental norms near airport premises. For example, dangerous flying practices or environmentally hazardous activities could now result in fines up to ₹1 crore or a maximum imprisonment of three years. This reflects the government's firm commitment to bolstering safety and security within the aviation sector.

The Bharatiya Vayuyan Vidheyak, 2024, brings notable reforms to India’s aviation framework, including the establishment of a second appeal mechanism. This provision introduces an additional layer of scrutiny for penalties imposed under the new regulations, aiming to ensure fairness and transparency in addressing disputes. While this mechanism has been lauded as a step forward, it has also drawn criticism.

One prominent critique comes from PRS Legislative Research, which highlights concerns regarding the oversight of civil aviation by the Directorate General of Civil Aviation (DGCA). Unlike other sectors such as telecommunications and insurance, which are governed by independent regulatory bodies, civil aviation continues to be overseen by the DGCA. This lack of independent regulation has raised questions about the effectiveness and impartiality of governance in the aviation sector.

The Bill also grants the government the power to appoint arbitrators in disputes related to compensation. However, this has sparked legal debates, as such unilateral appointments may conflict with the Supreme Court's stance on arbitration under the Constitution, which emphasizes the need for neutral arbitrators to ensure justice and fairness. Critics argue that this provision could undermine confidence in the arbitration process, leading to concerns about potential misuse of power.

Additionally, the legislation empowers the government to impose criminal penalties for violations, which some experts feel could infringe upon the separation of powers. The ability to criminalize regulatory breaches has been questioned for its potential to blur the lines between legislative authority and judicial oversight.

Since its inception in 1934, the Aircraft Act has been the backbone of India’s aviation industry, providing a framework for airworthiness, pilot and crew certification, and operational standards. Over the years, amendments were introduced to keep pace with the growing and dynamic aviation sector. However, with the passage of the Bharatiya Vayuyan Vidheyak, 2024, the government seeks to modernize the legal framework entirely. The goal is to elevate safety, security, and operational standards to meet global benchmarks while addressing contemporary challenges in the aviation industry.

Opposition Criticizes Hindi Name of Bharatiya Vayuyan Vidheyak; Aviation Minister Kinjarapu Naidu Defends Move as Showcasing Indian Heritage

The passage of the Bharatiya Vayuyan Vidheyak, 2024, has not been without controversy. Opposition parties, led by the INDI Alliance, strongly opposed the legislation, alleging that its name had been unnecessarily changed from English to Hindi. Some critics also argued that the Hindi nomenclature was overly complex and violated constitutional principles.

In response, Civil Aviation Minister Kinjarapu Ram Mohan Naidu addressed the Rajya Sabha to clarify the government’s intentions behind the Hindi name. He emphasized that the change was aimed at highlighting India’s rich heritage and cultural identity, dismissing claims of constitutional violations.

“It will be difficult to pronounce the name of the bill in Hindi initially but one will get used to it. Many people seem to feel ashamed to pronounce this name, but there’s nothing to feel ashamed of. The intention of the government to name the old bill in Hindi was just to showcase India’s culture,” Naidu explained, firmly defending the decision.

Naidu further stressed the importance of moving away from colonial influences under the leadership of Prime Minister Narendra Modi. “Under PM Modi, we want to break the cocoon of Colonisation and show the true colors of India. Bharatiya Vayuyan Vidheyak is a mixture of all languages. I am a Telugu and I am proud of my language. Despite this, I support the Hindi name because Bharat is called Bharat in Telugu also. Further, Varyu is also a Telugu word. So the name of the bill is half Telugu for me,” he elaborated.

Drawing a parallel with his personal experiences, Naidu pointed out that many people mispronounce his surname, Kinjarapu. However, he refuses to alter his name to make it easier for others. “People get used to it,” he reiterated, underscoring the importance of preserving one’s cultural identity.

The Bharatiya Vayuyan Vidheyak replaces the Aircraft Act of 1934, a law that has been amended 21 times since its implementation. While retaining key provisions of the original Act, the new legislation aims to modernize India’s aviation sector, delegating regulatory responsibilities to the Directorate General of Civil Aviation (DGCA), security oversight to the Bureau of Civil Aviation Security (BCAS), and accident investigations to the Aircraft Accident Investigation Bureau (AAIB).

This legislation significantly expands its regulatory purview. It not only oversees the design, manufacture, maintenance, possession, use, operation, sale, export, and import of aircraft but also introduces stringent penalties for new offenses. Passed in the Upper House on 6th December 2024, the Bharatiya Vayuyan Vidheyak underscores India’s intent to align its aviation regulations with global standards while promoting its cultural identity.

The debate around the bill’s name may have sparked political contention, but the government’s firm stance signals a broader cultural and legislative shift. With its passage, the bill promises to steer Indian aviation into a new era, combining traditional values with contemporary needs.