UNRAVELING THE NEW DRONE LAWS: FEATURES, LOOPHOLES AND THE

WAY FORWARD VIS-À-VIS THEIR USAGE IN THE COVID-19 CRISIS.

In January 2019, at the Global Aviation Summit, India unveiled a new Drone Policy that is
set to alter the dynamics of the usage of drones in the country.

Unmanned Aerial Vehicles (UAV) or drones are pilotless, non-crewed aircraft that are
capable of flying either with the use of remote controls or through the use of on-board
computers. They are also known as Remotely Piloted Vehicles (RPV) or Remotely Piloted
Aircraft (RPA).

Remotely Piloted Aircrafts have been divided into five categories on the basis of their weight:

1. Nano- Less than or equal to 250gms

2. Micro- 250 gm to 2 kg
3. Small- 2kg to 25 kg
4. Medium- 25 kg to 150 kg
5. Large- Greater than 150 kg

RPA is a technology platform that as extensive application in the fields of everyday life
which include: photography, agriculture, infrastructure asset maintenance and cartography
etc. However, its first ever application in India was in the military field in the Kargil War of
1999.

The first draft policy regarding the regulation of drones in India was passed in 2016. Since
then drone laws in India have taken tremendous leaps to commercialize the usage of drones
in a more holistic manner without adversely impacting the privacy of the citizens and security
of the nation. The Drone Policy 2.0 aims to boost the technological advancement in drone
technologies. It would also promote major infrastructural developments and introduce new
vocations such as UAS Traffic Management (UTM) system and drone-port service providers,
within the ecosystem. This is bound to increase the demand for a highly skilled workforce,
along with trained remote pilots and drone-port operators1

1
Drone Ecosystem Policy Roadmap, Ministry of Civil Aviation, (Jan. 13th, 2019)
https://www.globalaviationsummit.in/documents/DRONE-ECOSYSTEM-POLICY-ROADMAP.pdf.
WHAT DOES THE DRONE POLICY 2.0 ENVISAGE?

The Drone Policy 2.0 is a roadmap policy that seeks to expand the commercial usage of
drones in the nation. It aims to widen he scope of the operation airspace for drones to allow
then to fly beyond the visual sight of control and above the current limit of 400ft.

It primarily seeks to establish a Drone Corridor with segregated airspace for drones
undertaking specified sets of activity. The flying area as such as been divided into three
zones:

1. Red Zones: It is a no fly area (includes regions close to airports, national borders and
military bases)
2. Yellow Zones: Flying in this area requires prior permission
3. Green Zones: Unrestricted areas

The Drone Corridor is an airspace segregated form the manned aircrafts with appropriate
buffers defined Member, DigitalSky in consultation with the Drone Directorate. The policy
also envisages enhanced standards of airworthiness in consideration with reliability concerns
regarding operator control systems control data links and onboard power.

Not only does the policy demand improvised pilot training requirements, it also permits the
usage of algorithms to control the aircraft without a human pilot. This however is allowed
only in circumstances where the manufacturer of the aircraft can demonstrate a smooth flight
with all requisite considerations of safety, security and privacy in the design.

The new regulations further put forth the novel policy of permitting night-time operations of
drones subject to the satisfaction of the concerned authorities. Presently, such a policy is rare
across the world and as such India would be the pioneer of this new change.

Under the new policy, all operators apart from those of nano must file their flight plan at least
24 hours prior and must obtain clearances from the Indian Air Force, Air Traffic Control and
Flight Information Center. Additionally, in cases of a cancellation of flight, the same must be
reported immediately to the concerned authorities.

The Drone Policy 2.0 seeks to build upon the Drone Policy 1.0 expanding its arena of
application. Where the latter was more in the form of guiding framework for hobbyists and
recreational flyers, the former explicates the usage of drones for commercial purposes
including cargo delivery and autonomous operation without human intervention.2

PITFALLS OF THE DRAFT POLICY: WHY A STILL BETTER APPROACH IS

NEEDED

The draft regulation is ridden with gaps and flaws with haphazard redressal of privacy and
property concerns. Even though the draft policy is through with its approach towards the
issue of national security by including provisions relating to pre-conditions to operation,
controlled airspaces and higher standards of airworthiness of the aircraft and technological
skill of the pilot, it has failed to address an even more if not equally important issue of
privacy and property.

Since the UAV fly at a much lower height than the manned aircrafts, the issue relating to
property and ownership of airspace arises naturally. Flying at a low height allows the UAV
access to accurate and real-time ground information and statistics. Naturally, many drone
operators can offer better data and analytical solutions to companies and sectors and this
market is projected to grow even bigger in the coming times. In such a scenario, ambiguity
regarding the ownership of airspace in particular the extent of airspace ownership above the
ground becomes an inevitable obstruction.

With the advancement of technology, better resolution images from a higher altitude is a
reality and with this reality comes the problem of invasion of privacy. In the absence of
robust privacy laws in India, the drone-enabled solutions pose a considerable threat to
privacy, especially if deployed by law enforcement agencies or journalists. A more potent
framework vis-à-vis data collection through aerial surveying and remote sensing is the need
of the hour.

Currently the draft makes reference to Guidelines 10.4 for privacy concerns, relying upon the
goodwill of the drone operators as safeguard. It also talks about the indifference to the
emergence of potential veto of rules by materialization of “drone federalism”3. Such a

2
Shivani Chaturvedi, Drone Policy 2.0: From Food to Medicines, Government Set to Commercialize Drones,
The Pulse, (Feb. 6th, 2019.) file:///C:/Users/prart/Downloads/190211_Q_Drone_Policy_2.0.pdf.
3
Anant Padmanabhan, Let the Drone Industry Take Off, Hindu Business Line, (Feb. 28, 2017).
https://carnegieindia.org/2017/02/28/let-drone-industry-take-off-pub-68147.
situation arises since the laws relating to trespass and privacy are part of statutory common
law claims and thus part of the concurrent list. Thereby allowing the states to make its own
laws in addition to the guidelines and frameworks set by the nodal authority.

To avoid an excess of rules, it is pertinent that the Civil Aviation Ministry collaborate with
the concerned authorities of the states while making the regulatory framework.

Overcoming the maladies of the present regulatory system is becoming exceedingly

imperative from the perspective of both the civilian drone industry and the overall economy.
Confusions and conflicts between regulations is inevitable, however the willingness to
resolve them swiftly and seamlessly is the key to attracting investors and innovators.

THE NEED TO REVISIT DRONE LAWS IN WAKE OF THE COVID-19 CRISIS

The current drone laws as they exist set forth an intricate system of permissions and licenses
for usage of the aircraft. Although the Drone Policy 2.0 aims to augment the commercial
scope of drones to include its usage in delivery of food, medicines and other essential items,
its stringent requirements of prior permissions put a damper on the purpose of its use in an
emergency.

The draft proposes a No Permission No Take-off (NPNT) model within which the drone
operator must request permission from the DGCA and AAI 24 hours prior to its flight.
However, emergency usage of the aircraft necessitates that such a provision be applied with
discretion else the agencies that seek to supply commodities on an urgent basis will not be
able to do so.

In the present scenario, delivering a swift and timely response to emergencies arising due to
Covid-19 is the only method to combat the crisis. In a condition where human interaction
must be curtailed, the use of UAVs is the only rational and intelligible solution. This however
is only possible if a fleet of such aircrafts is at the ready disposal of the agencies tasked with
combating such emergencies. Emergencies by their very nature come unannounced and thus
submission of flight plan 24 hours prior to the said emergency is next to impossible.
CONCLUSION

Even though the proposed Drone Laws 2.0 are a step up from the initial drafts, the laws
regulating Unmanned Aerial Vehicles has a long road to travel. Security of the nation,
property of the drone operators and privacy of the citizens are important considerations that
need to be kept in mind while formulating a further plan of action.

The commercialization of drone usage needs to streamlined so as to balance security

concerns while expanding their usage in daily life. The usage of technology must be done to
its fullest while minimizing its adverse effects.

The usage of drones for delivery of commodities has already revolutionized the e-commerce
market and it is now India’s turn to be part of that revolution. For this, it is necessary that the
government takes a proactive approach towards management of the increasing incorporation
of drones in daily life. Additionally, help will be needed in the form of private partnerships to
gain the much-needed experience and provide impetus to the still nascent industry.