DCW issues recommendations to DGCA to tackle unruly behaviour, sexual harassment on flights

The DCW proposal includes steps such as registration of an FIR against the offender and setting up a probe committee headed by a retired woman judge

Preventing highly intoxicated travellers from boarding aircrafts, limiting alcohol intake, installing CCTV cameras and sensitising staff about sexual harassment are all part of the detailed guidelines issued by the Delhi Commission for Women to aviation regulator DGCA, amid rising incidents of unruly passengers on flights.

In a letter to the Directorate General of Civil Aviation (DGCA), the Delhi Commission for Women said it has observed increasing incidents of disruptive and unruly passengers on flights in recent months, adding that such incidents are extremely unpleasant and traumatising for the passengers.

"Media has reported recent cases of harassment and misconduct by passengers in two flights, one on 26 November 2022 in which a man reportedly flashed his private part and urinated on a 70-year-old woman in an Air India flight from New York to New Delhi and another on 6 December 2022 in which a man again urinated on the seat of his fellow woman passenger on an Air India flight from Paris to New Delhi. It has been reported that both these men were in a highly inebriated state," the panel said.

Also Read: Explained | DGCA rules on unruly behaviour and the no-fly list

The DCW said it took suo moto cognizance of these incidents and issued a notice to the DGCA, seeking details of the action taken by the regulator against the offenders and the guidelines in place to deal with such incidents.

The regulator then provided the DCW with a copy of certain guidelines -- the Civil Aviation Requirements (CAR) Section-3, Series-M, Part-VI and Cabin Safety Circular 2 of 2010 -- as well as a copy of the advisory it issued, to be followed by all airlines.

"In response, the panel was provided a copy of certain guidelines by DGCA along with a copy of the advisory issued by DGCA dated 06/01/2023 to be followed by all airlines. Upon examining the guidelines and the advisory, the commission has observed that these do not provide specific instructions to airlines to properly handle, report, and redress cases of sexual harassment of female passengers at airports or on flights. Further, they don't list out any steps to deal with highly intoxicated passengers," the DCW noted.

"The recently issued advisory merely draws the attention of the pilot and crew members to their specific duties defined under the existing laws and guidelines and fails to direct the crew or the airlines to take concrete steps to prevent the occurrence of such cases in the future," the Commission said.

The DCW has also proposed steps to deal with incidents of sexual harassment on flights.

These include registration of an FIR against the offender, setting up an independent committee to enquire into complaints of sexual harassment by passengers headed by a retired woman judge, increasing the punishment against such passengers including increasing the time period for which they can be put on the no-fly list from 6 months to 2 years, sensitization of airline staff and setting up protocols for using restraining devices on passengers harassing co-passengers, in case all other means of stopping them on flight fail.

The Commission also noted that the crime of sexual harassment is simply treated as an 'unruly behaviour' under the DGCA guidelines. This is unacceptable as it belittles the trauma faced by sexual harassment survivors and prevents the proper handling of such cases, it said.

Also Read | Air India urinating incident: DGCA slaps Rs 30 lakh fine on airline, suspends pilot

The Commission has therefore recommended the creation of a separate category for crimes of sexual harassment. Moreover, the Commission has proposed setting up mechanisms to raise an alarm on flights, CCTVs to be installed in aircrafts and announcements and brochures against sexual harassment on flights. The Commission also proposed that stronger action be taken against airline and crew members for failing to implement a zero-tolerance policy on sexual harassment.

It has sought greater accountability from airlines and the DGCA in this regard and has recommended that a monthly report should be shared by DGCA with the Ministry of Civil Aviation on the sexual harassment cases reported on flights and in airports, as well as the action taken against offenders.

"The present guidelines and advisories of DGCA do not address the issue of prevention and redressal of cases of sexual harassment properly. Infact, DGCA guidelines simply treat sexual harassment as 'unruly behaviour'. This is completely unacceptable and these guidelines need to be revised urgently. We have sent a detailed recommendation to DGCA and have sought an ATR on the same within 30 days," said DCW Chairperson Swati Maliwal.

(With PTI inputs)