The Delhi High Court has taken a stern stance against aviation regulators for their inaction, issuing a formal contempt notice to the Directorate General of Civil Aviation (DGCA) and the central government. This legal action stems from their failure to comply with a previous court order regarding exemptions granted to airlines from crucial pilot rest rules.
Court's Stern Rebuke Over Non-Compliance
A bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora expressed deep dissatisfaction with the authorities' delay. The court had earlier, in an order dated May 1, directed the DGCA and the Ministry of Civil Aviation to review and decide on representations challenging the exemptions given to airlines from the Flight Duty Time Limitations (FDTL) norms. These norms are vital for managing pilot fatigue and ensuring flight safety.
The court noted that despite clear instructions, no decisive action had been taken by the concerned bodies. The petitioners, including pilot unions and individuals, had argued that these exemptions compromise safety by allowing pilots to be scheduled for excessively long duty hours, increasing the risk of fatigue-related errors.
The Core of the Controversy: FDTL Exemptions
The legal battle centers on the Civil Aviation Requirements (CAR) Section 7 Series F Part I, which outlines the FDTL rules. Airlines had been granted exemptions from certain provisions of these rules. The petitioners contended that these exemptions were provided without a proper and transparent review process, potentially endangering passenger and crew safety.
In its May order, the High Court had specifically instructed the DGCA and the Centre to treat the petitions as representations and pass a "reasoned order" on the issue. The failure to produce this order within the expected timeframe prompted the court to initiate contempt proceedings. The court has now given the respondents a final opportunity, listing the matter for further hearing on August 27.
Implications for Aviation Safety and Regulation
This contempt notice highlights a significant tension between operational flexibility for airlines and non-negotiable safety standards. Pilot fatigue is a globally recognized critical risk factor in aviation safety. The DGCA's FDTL rules are designed to mitigate this risk by setting limits on flight duty periods and mandating adequate rest.
The court's intervention underscores the judiciary's role in holding regulatory bodies accountable for enforcing safety protocols. The outcome of this case could lead to a major overhaul in how exemptions are granted, ensuring a more rigorous and safety-centric approval process. It reinforces the principle that economic or operational conveniences for airlines cannot override paramount safety concerns.
The aviation industry, pilot communities, and safety experts will be closely watching the proceedings on August 27, when the DGCA and the Centre are expected to present their compliance report to the Delhi High Court.
