Kabir Gaba, Symbiosis Law School, Pune
1. Introduction and Background
Aviation safety as a subject has remained a paramount concern in the world right from the times when the air transport was initially introduced as a method of transport with the aim of safeguarding the lives of the people as well as the stability of flying facilities. India currently offers a rapidly growing market for the commercial aviation with the constantly growing frequency of passengers and cargo transport’s flights – hence the need for the legal regulation of safety requirements and reviewing accidents. Aviation law in India comprises of acts of parliament, rules and regulations framed by Indian aviation authority and non-compliance to international treaties that are designed to protect the airspace and avoid mishaps.
The major aviation authority that regulates safety of civil aviation in India is known as the Directorate General of Civil Aviation fondly abbreviated as the DGCA. Formed under the provisions of the Aircraft Act, 1934 it is responsible for overseeing airworthiness of aircrafts, certification of pilots and air traffic controllers, implementation of safety measures for Industry. Furthermore, the DGCA is responsible for investigating aviation accidents and incidents through its Aircraft Accident Investigation Bureau (AAIB) for which, change is promoted and made as a result of the investigations where safety practices and infrastructure are involved. The statutes governing aviation safety in India are analysed critically and the concept of involvement of DGCA in the investigation of accidents is discussed besides assessing the safety measures that have enhanced through analysing the major aviation accidents in the Indian territory.
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