The Law Of The Skies: Understanding Aviation Law
- IJLLR Journal
- Aug 11
- 2 min read
Dr Harmandeep Kaur, Assistant Professor, School of Law, CT University, Ludhiana
ABSTRACT
The civil aviation sector has emerged as one of the fastest-growing industries in India, contributing significantly to national economic development, international connectivity, trade, tourism, and technological advancement. This remarkable expansion has simultaneously increased the need for a comprehensive and responsive legal framework capable of regulating the complex dimensions of modern aviation. Aviation law today extends beyond the regulation of aircraft operations to encompass passenger rights, aviation safety, airport administration, environmental concerns, accident investigation, security standards, and international cooperation.
This study critically examines the legal regime governing aviation at both the international and domestic levels. It analyses the evolution of international aviation law through key multilateral instruments, including the Paris Convention, 1919, the Chicago Convention, 1944, and the Convention for the Unification of Certain Rules for International Carriage by Air, 1999 (Montreal Convention). The paper further evaluates India's regulatory framework, with particular emphasis on the Bharatiya Vayuyan Adhiniyam, 2024, the Airports Authority of India Act, regulatory institutions, and passenger protection mechanisms. It also considers the role of judicial interpretation in resolving disputes arising from aviation accidents and determining the liability of carriers and public authorities.
The study concludes that although India has developed a robust institutional and legislative framework aligned with international standards, several legal and regulatory challenges continue to persist. Issues relating to compensation for ground victims, emerging cybersecurity threats, environmental sustainability, technological innovation, and the establishment of specialised adjudicatory mechanisms require greater legislative and policy attention. Strengthening these aspects is essential for ensuring a safe, efficient, and internationally competitive aviation sector capable of meeting the demands of future air transport.
Keywords: Aviation Law, Airspace Sovereignty, Civil Aviation, Aircraft Safety, International Air Law, Passenger Rights, Aviation Regulation, DGCA, ICAO, Bharatiya Vayuyan Adhiniyam, 2024.
