Impropriety in the air

Disgusting and disruptive incidents, like a passenger urinating on another in a plane, getting caught smoking inside the toilet, trying to open the emergency door latch in the flight, or indulging in fisticuffs with fellow passengers or crew members, have regularly come to light in the recent past. The number of such incidents, especially in India, has been growing. While the airline industry has been happy over the rising number of air travellers in India, what they do not realise or tend to ignore is that most of these new passengers are first-timers who are not aware of the dos and don’ts. In their enthusiasm to fly, many of them tend not to adhere to crew instructions, are unaware of the rules governing air travellers, or facilities they are (or are not) entitled to while on a plane. In India, laws have been enacted to prevent unruly behaviour, including granting power to the airlines to debar an unruly passenger from flying temporarily or permanently. However, it is imperative that laws or rules, at least the major ones, are publicised through any mode, such as advertising by the airlines, airports or official agencies to raise the awareness of the passengers regarding these rules or laws, as well as their rights and duties before, during and after a flight.

The Federal Aviation Administration (FAA) of the United States, last week, said it had so far referred 17 unruly passengers to the FBI for criminal investigation this year, taking the total of such referrals of violent or threatening incidents to over 250 since late 2021. Such an extreme measure to refer such cases to the FBI may be the result of the aviation rules becoming stricter following the worst terror strike ever, that of September 11, 2001, where passenger aircraft were used as weapons to bring down the Twin Towers in New York. In May this year, a bipartisan group of American lawmakers made a new push for legislation to bar passengers fined or convicted of serious physical violence from commercial flights, arguing that the enhanced penalty was a strong deterrent needed to improve aviation worker and passenger safety.

India already has rules to ban an unruly flyer depending on the seriousness of the offence. Earlier this year, aviation regulator DGCA issued an advisory to airlines asking them to strictly deal with unruly passengers, reiterating that legal provisions to do so already existed. The Directorate General of Civil Aviation said it is the responsibility of pilots, cabin crew members and the director of inflight services to take action against such passengers. In its advisory, DGCA said there were provisions for action to be taken by airlines to deal with unruly passengers. The advisory came against the backdrop of rising incidents of unruly passengers onboard flights, including a drunk passenger pissing on a fellow traveller. The DGCA said there has been a rise in the unruly behaviour incidents in the past few months, such as smoking in aircraft, consumption of alcoholic beverages resulting in altercations between passengers etc. Furthermore, the regulator also said they noticed inappropriate touching or sexual harassment by the passengers onboard an aircraft, wherein "… pilots and cabin crew members have failed to take appropriate actions", the circular said.

In its latest analysis released earlier this month, the global body of airlines, International Air Transport Association (IATA), reported that unruly passenger incidents had increased in 2022 compared to 2021. IATA urged more countries to take the necessary authority to prosecute passengers under Montreal Protocol 2014 (MP14). Latest IATA figures showed that there was one unruly incident reported for every 568 flights in 2022, against one per 835 flights in 2021. The most common categories of incidents in 2022 were non-compliance, verbal abuse and intoxication. Physical abuse incidents remained very rare, but these had an alarming increase of 61 per cent over 2021, occurring once every 17,200 flights.

Observing that the growing trend of unruly passenger incidents was worrying, it said passengers and crew were entitled to a safe and hassle-free experience onboard. For that, passengers must comply with crew instructions. “While our professional crews are well-trained to manage unruly passenger scenarios, it is unacceptable that rules in place for everyone’s safety are disobeyed by a small but persistent minority of passengers. There is no excuse for not following the instructions of the crew,” said Conrad Clifford, IATA’s Deputy Director General. These instructions are in accordance with the national laws and regulations and must be followed without exception. Although non-compliance incidents initially fell after the Covid mask mandates were removed on most flights, the frequency began to rise again throughout 2022 and ended the year some 37 per cent up in 2021. The airlines experience analysed by the IATA showed that most common examples of non-compliance were smoking of cigarettes or e-cigarettes in the cabin or lavatories, failure to fasten seatbelts when instructed, exceeding the carry-on baggage allowance or failing to store baggage when required. Consumption of own alcohol onboard was also a troubling instance.

“No one wants to stop people having a good time when they go on holiday—but we all have a responsibility to behave with respect for other passengers and the crew. For the sake of the majority, we make no apology for seeking to crack down on the bad behavior of a tiny number of travelers who can make a flight very uncomfortable for everyone else,” said Clifford. The IATA data was collated from over 20,000 reports submitted by around 40 airlines. While it is only a very broad global snapshot, this is the only comprehensive global database of unruly incidents that give a clear idea of trends.

Referring to the post-Covid period, another airline industry official said that a complex set of new health (Covid) rules meant that some increase in non-compliance was inevitable. “But this can’t explain it entirely. At the time of booking, passengers agree to the terms and conditions. There is messaging at check-in, and announcements are usually made on the aircraft,” IATA’s Assistant Director (Government and Industry Affairs) Tim Colehan said. “Not wearing a mask is arguably no different to not wearing a seatbelt or not putting your laptop away. They involve a failure to follow instructions. But because of the pandemic and the public health implications, not wearing a mask makes it much more personal and has caused confrontation between passengers. It has also led governments, such as the United States, to take a zero-tolerance approach and to encourage incident reporting by crew,” Colehan added.

The global body of airlines has suggested a two-pillar strategy to implement the much-needed zero-tolerance approach towards unruly behavior.

At its annual meeting in Istanbul earlier this month, it urged world governments to ensure that they have the necessary legal authority to prosecute unruly passengers, regardless of the country of their origin. Besides, all governments should also have a range of enforcement measures that reflect the severity of the incident, IATA said, adding that such powers existed in the Montreal Protocol 2014 (MP14). It also urged all nations to ratify this as soon as possible. To date, some 45 nations comprising 33 per cent of international passenger traffic have ratified MP14. While India is a signatory to MP14, it is yet to ratify this law in the two Houses of Parliament.

Besides ratifying MP14, the IATA meeting, attended by top officials of its 300 member airlines from about 120 countries, also urged the governments and industry partners to prevent such incidents through collaboration. It recommended that airports, bars and restaurants, and duty-free shops on the ground, join hands with the airlines to organise awareness campaigns on the consequences of unruly behavior. For example, as the vast majority of intoxication incidents occur from alcohol consumed before the flight, the support of airport bars and restaurants to ensure the responsible consumption of alcohol is particularly important. Additionally, they should share best practices, including training for the crew, to de-escalate incidents when they occur, the airlines’ professional body suggested.

Views expressed are personal