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Published Paper Details:
Legal Framework, Challenges and Constitutional Implications in Aviation
Authors
Sahibpreet Singh,Lalita Devi
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Keywords
Aviation Law, Constitutional Challenges, Global Legal Framework, Indian Aviation, International Treaties, Legal Regulations, Unruly Passengers, Air Transport Services, Chicago Convention, Montreal Convention
Abstract
This research provides a comprehensive overview of the legal framework governing aviation, the emerging challenges in dealing with unruly passengers, and the constitutional implications that arise within the Indian aviation context. The aviation legal framework comprises international conventions such as the Warsaw Convention, Hague Convention, Chicago Convention, Montreal Convention, and the Cape Town Convention, as well as bilateral treaties regulating air transport services. The paper also highlights the need for a zero-tolerance approach to unruly passengers, in accordance with the ICAO's standards and guidance for prevention and de-escalation of incidents. However, the implementation of such regulations raises constitutional concerns under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, including the right to travel. The paper illustrates these constitutional challenges through cases such as Kunal Kamra v. IndiGo, which emphasize that while aviation law aims to prevent unruly passenger behaviour, it must respect constitutional principles. The paper concludes that the Indian aviation landscape requires a balance between stringent regulations for unruly passengers and the protection of fundamental rights. The paper also suggests that the constant evolution of aviation law in response to economic, social, and political changes, as well as the increasing incidents of unruly passenger behaviour, necessitates a multi-stakeholder approach to address these complex legal and regulatory issues.
IJCRT's Publication Details
Unique Identification Number - IJCRT2311097
Paper ID - 245934
Author type - Indian Author
Page Number(s) - a792-a805
Pubished in - Volume 11 | Issue 11 | November 2023
DOI (Digital Object Identifier) -
No Of Downloads - 77
Author Country - India, 143001, Amritsar, Amritsar, 143001, Other area not in list
Publisher Name - IJPUBLICATION | www.ijcrt.org | ISSN : 2320-2882
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Sahibpreet Singh,Lalita Devi, "Legal Framework, Challenges and Constitutional Implications in Aviation", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.11, Issue 11, pp.a792-a805, November 2023, Available at :http://www.ijcrt.org/papers/IJCRT2311097.pdf
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ISSN: 2320-2882 Impact Factor: 7.97 and ISSN APPROVED Journal Starting Year (ESTD) : 2013
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