AVIATION LAWS IN INDIA

PROPOSAL SUBMITTED BY

NAME: MANI RAJ

ROLL NO:2124

SEMESTER: FIRST
YEAR: 2019-2024
COURSE: B.A.LLB (HONS)
PROPOSAL SUBMITTED TO

MR. VIJAYANT SINHA

FACULTY OF LEGAL METHOD &RESEARCH METHODOLOGY

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILMENT OF THE TITLED

COURSE

LEGAL METHOD & RESEARCH METHODOLOGY

AUGUST 2019

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITTHAPUR, PATNA-800001
 INTRODUCTION

Liberalization of the Indian civil aviation sector in the mid to late nineties has led to a large
number of private players entering in addition to the two established national carriers (Air
India and the erstwhile Indian Airlines). Apart from the fact that liberalization of this sector
came alongside the phase of rampant economic development in India, growth of the Indian
tourism industry and the ever increasing disposable income of the Indian middle-class have
contributed to the admirable levels of growth the civil aviation sector has achieved in the last
decade, in addition to the support provided in the form of structural reforms, airport
modernizations, entry of private airlines, adoption of low fare model and improvement in
service standards.  The privates sector has played a vital role in development of Public
Private Partnership (PPP) airport the development of Hyderabad and Bengaluru airport and
modernization of Delhi and Mumbai International Airport have been an excellent example of
PPP, this gave the hands in development to Aviation Laws. These laws have been divided in
eight sections — ‘General’, ‘Air Worthiness’, ‘Air Transport’, ‘Aerodrome Standards and Air
Traffic Services’, ‘Air Safety’, ‘Flight Crew Standards, Training and Licensing’ and ‘Aircraft
Operations’. Aircraft Act, 1934 and Aircraft Rules, 1937 were formulated in order to control
and manage various activities in the aircraft relating to manufacture, possession, use,
operation, sale, import and export. The Indian government with the introduction of National
Civil Aviation Policy, 2016 aims to provide and create, a conducive framework for creating a
conducive framework for harmonized growth of various aviation sub – sectors including,
development and modernization of airports by State Governments, private players and under
the Public Private Partnership (“PPP”) model. The Carriage by Air Act was enacted by the
Parliament on December 19, 1972 and came into force on March 23, 1973. The Act
fundamentally aims to implement the Warsaw Convention for the Unification of Certain
Rules Relating to International Carriage by Air which was signed on October 12, 1929. The
provisions of the Convention are made applicable in India by including the rights and
responsibilities of travelers, carriers, consignors and other individuals in the First Schedule to
the Act. The Aircraft (Carriage of Dangerous Goods) rules, 2003 it regulates air carriage of
dangerous goods like explosive, radioactive material etc. and also provides for the
establishment of training programs by on behalf of shippers of dangerous good, operators,
ground handling agencies, freight forwarders and agencies involved in the security screening
of passengers, their baggage and cargo. The Air Corporation Act, 1953 provides for the
establishment of air corporations, namely, Indian airlines and Air India International and also
facilitates acquisitions by such corporations. The Anti-Hijacking Act, 1982 it implements the
convention for the suppression of unlawful seizure of Aircraft and provides for punishment
for the offence of hijacking. These provisions shall be enforced in India for all carriages in an
aircraft, whether the aircraft belongs to India or any other nation.
 AIMS AND OBJECTIVE

The researcher tends to emphasize on the study of –

1. Importance of Aviation laws in India.
2. Registration of Aircrafts in India.
3. The role of DGCA in regulation of air transport and enforcement of civil air
regulation.
4. Key legislations and international conventions in Aviation laws in India.

RESEARCH METODOLOGY

The researcher will be relying on doctrinal method of research to complete the project and the
researcher will be relying on both primary and secondary sources to complete the project.
This study has been designed keeping in view the objectives, scope as well as research
questions of the study. The methodology of research differs according to the subject and
problem under study

SOURCES OF DATA

The researcher will be relying upon secondary sources only to complete their project.

TENTATIVE CHAPTERIZATION

1. INTRODUCTION
2. AVIATION LAWS IN INDIA: AN INTRODUCTION
3. HISTORICAL BACKGROUND OF EMERGENCE OF AVIATION LAWS
4. PRINCIPAL LEGISLATIONS AND CONVENTIONS
5. LITIGATION AND DISPUTE RESOLUTION
6. COMMERCIALIZATION AND REGULATIONS

7. SCOPE OF AVIATION LAWS IN FUTURE

8. CONCLUSION & SUGGESTIONS
9. BIBLIOGRAPHY