The Delhi High Court has dismissed a plea seeking directions to the Centre and the Directorate General of Civil Aviation (DGCA) to frame specific rules and establish an effective mechanism for addressing misconduct, harassment and misbehaviour by airline personnel towards passengers.

Justice Amit Mahajan observed that the High Court, exercising jurisdiction under Article 226 of the Constitution of India, cannot issue a general direction compelling the government to formulate rules or prescribe specific disciplinary measures merely because a petitioner considers them appropriate.

“The formulation of rules, regulations and regulatory guidelines falls within the domain of the competent authorities and is a matter of policy,” the Court observed.

The Court was hearing a petition filed by a woman who alleged that a customer-care executive of IndiGo Airlines had used vulgar, abusive and gendered language towards her when she contacted the airline's customer-care service.

The petitioner claimed that despite making several representations to the airline seeking accountability and disciplinary action against the concerned employee, no meaningful action was taken.

She approached the Court seeking directions to the Ministry of Civil Aviation and DGCA to frame appropriate rules and guidelines under the existing Civil Aviation Requirements (CARs) to address misconduct, abuse, harassment, negligence and misbehaviour by airline personnel.

She also sought the establishment of a fair, transparent and time-bound mechanism for receiving, investigating and redressing complaints against airline staff.

The petitioner contended that while the existing CARs prescribe strict consequences for passenger misconduct, there is no corresponding effective mechanism to address misconduct by airline personnel.

Rejecting the contention, the Court observed that the absence of a corresponding mechanism for complaints against airline personnel, by itself, does not warrant a direction to the authorities to frame rules in the manner suggested by the petitioner.

“The purpose for providing mechanisms for dealing with passenger misconduct is to ensure the safety and security of airports and flights. With regard to any unruly behaviour by airline personnel, the same can be dealt with in appropriate civil/criminal remedies,” the Court said.

The DGCA, through a communication dated July 20, informed the petitioner that her grievance concerning the incident had already been addressed by the airline through necessary corrective and preventive actions.

In view of this, the Court held that no further direction for initiating action against the airline in respect of the same incident was warranted. It added that if the petitioner remained dissatisfied with the action taken, she could pursue appropriate civil or criminal remedies.

“Needless to observe, any act of misconduct or unlawful behaviour by airline personnel may be addressed by an aggrieved passenger through appropriate civil or criminal remedies, as may be available in law,” the Court observed.