Testing Of Aviation Personnel For Psychoactive Substances Essential, No Impediment In Implementing Civil Aviation Requirements: Delhi High Court

The Delhi High Court has observed that testing of aviation personnel, including pilots, cabin crews and Air Traffic Controllers (ATCs), for psychoactive substances is essential, considering the nature of services being rendered by them.

Justice Prathiba M Singh gave nod to the implementation of Civil Aviation Requirements (CAR) issued by the Ministry of Civil Aviation on January 31 for detecting any behavioural, cognitive and physiological changes due to use of such substances by aviation personnel.

"After perusing CAR as also after hearing parties and their counsels, it is clear that the testing of personnel for psychoactive substances is essential, considering the nature of services being rendered," the court said.

Justice Singh was dealing with two pleas moved by various pilots and ATCs seeking quashing of the said requirements. 

The aviation personnel apprehended that there is no provision to consider the consumption of lifestyle medicines such as hypertension medicines or anti-diabetic medicines and that since a sufficient number of qualified Medical Review Officers (MROs) are not available in the country, the working of the rules is itself ambiguous.

The petitioners also raised concerns regarding absence of guidelines for appellate remedies if action is taken against them under CAR and lack of testing mechanisms across different laboratories.

Noting that the MROs currently available in India are very few in number, Justice Singh said that it is expected over time that the Director General of Civil Aviation (DGCA) would identify doctors who would undergo online courses and get the requisite qualifications, to increase the number in the country.

Regarding the remedies for personnel who are found positive upon testing, the authorities clarified that the random 10% of personnel who are tested have to first undergo a screening test and a confirmatory test will then be administered if such personnel tests positive.

"Only if the person is tested positive in the confirmatory test, as per Clause 7 and 8.2 the MRO concerned would suggest legitimate therapeutic treatment or some other innocuous source. Thus, it is not an immediate action that the person is put off duty," the court was informed.

The court was told testing would be only for Amphetamine and Amphetamine type stimulants, Opiates and metabolites, Cannabis (Marijuana) as THC and Cocaine, Barbiturates and Benzodiazepine. "According to the DGCA, the above substances do not generally include hypertension medicines or anti-diabetic medications. Thus, there is no need to give any specific exception, as the positive testing is only for the above six substances," the court recorded in the order.

Taking the clarifications on record, the court also noted that the counsel appearing for DGCA submitted that the CAR will be applied in terms of the said clarifications.

"It is accordingly directed that there is no impediment in implementation of the CAR, keeping in mind the clarifications recorded above. If, however, either party faces obstacles or hindrances during the implementation of CAR, they are free to approach this Court," the court said.

Directing the authorities to file their response in the pleas, the court listed the matter for hearing next on May 18, 2023.

Title: INDIAN PILOTS GUILD & ANR v. DIRECTOR GENERAL OF CIVIL AVIATION & ANR

Citation: 2022 LiveLaw (Del) 1192

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