Ahmedabad Air Tragedy: The Need for Policy Reform in Aviation Laws

Mayday! Mayday! Mayday!

Call for help for Boeing 787 Dreamliner at around 13:39 IST on 12th June 2025 was marked as beginning of tragic incident of plane crash which killed around 274 to 279 people and was marked as one of greatest Aviation accident of all time.

This tragic incident has exposed long-standing issues with India’s aviation system, including inadequate aircraft maintenance protocols and regulatory monitoring by the Directorate General of Civil Aviation (DGCA). This incident highlights the pressing need to evaluate the effectiveness of domestic laws such as the Aircraft Act of 1934 and the Carriage by Air Act of 1972, as well as international aviation restrictions set out by the Chicago Convention of 1944 and the Montreal Convention of 1999.

Now the question arise who will be legally responsible or accountable for this tragic incident – airline company, airplane manufacturing company, maintenance staff, regulatory agency or government agency.

This article’s subsequent sections look at the Ahmedabad factual background of crash that which circumstance lead’s to crash, assess the relevant domestic legal framework, compare pertinent international standards of other nations, review similar previous aviation incidents and what lead` to that incident, identify regulatory and systemic gaps, and assess the responses and proposed reforms meant to improve aviation safety and accountability to prevent such accidents in future.

Factual Overview

At around 1:38 PM IST on June 12, 2025, Air India Flight AI-171, a Boeing 787-8 Dreamliner (Which has a clear record of not having a single major crash since its launch in 2011) carrying 242 passengers which included 12 crew members, departed runway number 23 on its route to London-Gatwick.

Mayday calls were issued shortly after take-off as radar tracked that flight climbed up to height of 625ft before descending to ground as it is said that both engines fail shortly after take-off (although plane can fly with one engine also but in this case both engine fails shortly after take-off). Within 30 second of take-off plane crashed in BJ Medical hospital`s mess killing 241 plane passenger and few students, hospital staff, etc.

The only survivor of plane crash was Vishwas Kumar Ramesh, who was seated in seat number 11A which is near emergency exit gate of Air India Flight AI-171 and said that he jumped out of plane shortly after the crash and run away before plane catches fire and survived.

Black box (Orange rather than black in colour) contain Digital Flight Data Recorder (DFDR) and cockpit voice recorder (CVR) was also recovered, DFDR records technical data like airspeed, altitude, heading, and engine performance while CVR does work of recording pilot`s conversation and other sounds from cockpit, now this information can be used by Aircraft Accident Investigation Bureau (AAIB) to identify reason`s for crash and avoid future plane crashes.

India’s Legal Structure Governing Air Safety in India

As Aviation sector of India is experiencing exponential growth, so ensuring airworthiness, operational safety, and regulatory accountability is not merely a technological need but also a legal imperative. This following section will show regulatory bodies, legal accountability, and institutions responsible for preventing aviation accidents.

• The Aircraft Act, 1934 – Now being replaced by Bhartiya Vayuyan Vidheyak (BBV) 2024, is paramount of India’s aviation regulatory structure. It provides legal framework for companies for control of aircraft manufacture, possession, use, operation, sale, import, and export. Also, it provides power to central government for form rules regarding licencing aircraft, inspection and maintenance standards and investigations for accidents.
• The Aircraft Rules, 1937 – Aircraft rules 1937 talks about operational procedure and guidelines to be followed by the company for flying aircraft. Also, it provides process for registration of aircraft and certificate of airworthiness and ensure Indian rules align with international standard.
• Directorate General of Civil Aviation (DGCA) – It is primary body for regulating aviation industry, functions under ministry of civil aviation. It`s key functioning includes regulating air transport, ensuring safety and airworthiness of aircraft, DGCA directs investigation for aviation accidents and coordination with International Civil Aviation Organization.
• Aircraft Accident Investigation Bureau (AAIB) – It is a division in Ministry of civil aviation, whose primary work is to investigate aircraft accidents, analysing data from black box and finding reasons for aircraft crash and provide safety recommendations to prevent future tragedy.

Major Aviation Accidents and Legal Analysis

Boeing 787 Dreamliner plane crash is not the only plane crash in history there are many more such incidents being happened in past which took off lives of many people and has shown gaps in operational discipline, technical compliance, or supervision. Several aviation accidents have shown a recurring cause of pattern which includes – human error (such as pilot fault, Air Traffic Control (ATC) Error, maintenance staff error), Failure due to mechanical or technical issues, weather-related issues, etc.

• Kozhikode Airplane Crash (2020) – This tragic incident happened on 7 August 2020, where Air India Express Flight IX1344 overshot tabletop runway of Kozhikode amid heavy rain which killed 21 people including both pilots. AAIB found that bad weather, pilot fault, and poor runway infrastructure contributed to delayed touchdown resulting in plane crash. In accordance with the Montreal Convention (1999), compensation was granted by Airplane company but later being updated by victim`s family by filling law suit.
• Mangalore Airplane Crash (2010) – In this tragic incident when Flight IX812, a Boeing 737-800 of Air India Express overshot tabletop runway of Mangalore Airport, failed to halt on time during landing results plunging into a gorge and bursting into flames. Out of 166 people on board, only 8 survived and 158 dies due to this incident. All victim (both died or injured) were compensated accordingly as per norms of Montreal Convention (1999) but victims updated compensation by filling law suit.
• Tenerife Airport Disaster (1977) – It is termed as most disastrous plane crash of all time at Los Rodeos Airport, Tenerife, Canary Islands, Spain. So, in this incident Pan Am Flight 1736 and KLM aircraft were diverted to Tenerife airport due to bomb threat at Gran Canarian Airport. When KLM aircraft was taking off and Pan Am jet was taxiing on the same runway and due to fog and dust KLM aircraft failed to see resulting in high-speed collision killing 583 of 644 people. KLM takes full responsibility of incident and compensated victims as per Montreal Convention (1999).

Causes of Aviation Accidents and the Role of Administrative and Regulatory Error and Legal Outcomes

Generally, Airplane are considered as safest mode of transport as compare to railways and roadways but they are not immune to accidents. An Aviation accident is interplay of many factors which prominently include human and technical error, but administrative and regulatory gaps are also plays a major role in these tragedies.

• Human Error – Human error is considered as one of prominent cause of Aviation accidents, can be caused by pilots, or air traffic controller staff or aircraft managing staff. It is often caused due to failure to follow air traffic controller instruction or miscommunication, misjudgement at time of landing or accident may also be caused due to inadequate maintenance of aircraft. Inadequate training or fatigue can also be contributing factors in accident which can shift liability from individual person to organisation.
• Technical or Mechanical Failures – Airplane is highly technically complex machine and it require regular inspection and maintenance. Technical or Mechanical Failures includes engine breakdown, landing gear fall down or some other technical system error which may sometimes be unavoidable to crash. It may be caused due to failure to keep mandatory regular checks or cost cutting in the regular plane maintenance which can shift civil or criminal liability towards airplane operating company depending on the level of negligence.
• Environment Factor – Extreme weather condition may cause low visibility, slippery runways, and heavy fog may cause problem to operational capability to both plane and pilots. It may also increase chances of plane crash, although bad weather is outside human control but accurate weather forecast and timely alerts to pilot can mitigate risk of plane crash. Failure to do such may cause legal liability to air traffic controller or Airplane company depending on level of accountability.
• Administrative and Regulatory Faults – Although mostly unreported, administrative and regulatory gaps cause most error in aviation industry such as irregularity in plane oversight, poor or not well-maintained infrastructure, undertrained pilots or too much pressure on pilots which cause fatigue compromising decision making abilities, political influence at plane accident investigation. These issues should be resolved; proper accountability should be placed and people at fault should be legally liable.

Judicial and Executive Response Post-Ahmedabad Crash

Judicial Response

Chief Justice of India (CJI) and other judges have shown deep compassion towards victims of the Ahmedabad plane crash, emphasizing Article 21 of the Indian Constitution as the Right to Life and Personal Liberty.

A Public Interest Litigation (PIL) was filed against the Directorate General of Civil Aviation (DGCA) and the Airport Safety Authority for violations of:

• Section 304A – Negligence leading to death
• Section 287 – Negligent machinery conduct
• Sections 5A and 10A of the Aircraft Act, 1934
• Compensation under the Consumer Protection Act, 2019

The Supreme Court took suo moto cognizance of the incident and directed the Central Government to disburse compensation to the victims at the earliest. It also sought a thorough investigation to determine the cause of the crash. Reference was made to Triveni Kodkany vs Air India Ltd and others (2020), which dealt with the Mangalore plane crash and laid down principles to ascertain compensation.

Executive Response

• DGCA suspended Air India operations until a full inspection of all Boeing 787 Dreamliners was completed under Rule 19 of the Aircraft Rules, 1937.
• An internal safety audit was ordered; failure to comply may lead to penalties under Section 10A of the Aircraft Act, 1934.

Compensation will be based on the Montreal Convention, 1999, which aims to unify rules for international air carriage. It originally provided compensation of 100,000 Special Drawing Rights (SDR) per passenger, currently raised to 151,880 SDR.

With 1 SDR = ₹122.60, this amounts to ₹1,86,20,488 per person. Despite TATA’s ₹1 crore announcement and Air India’s ₹25 lakh interim compensation, the company will still need to pay over ₹60 lakh more per person.

Aircraft (Demolition of Obstructions) Rules, 2025

Following the crash, new draft rules were introduced to target structural obstructions affecting aircraft safety. Structures violating prescribed height limits will receive notice and must provide building-related information within two months. Non-compliance will result in demolition as per the District Collector’s order.

Policy Recommendation and Legal Reform

The Ahmedabad crash exposed serious gaps in India’s civil aviation ecosystem. As the aviation industry grows, the risk of accidents increases, requiring reforms across:

• Legal frameworks
• Institutional upgrades
• Technological advancements

Legal Reform

Criminal Liability for Operational Negligence

Under the Aircraft Act, 1934, technical or minor operational faults currently lead only to fines or brief imprisonment. There is no provision for criminal liability in cases of gross operational negligence. The Ahmedabad crash revealed failures in crew rest management, equipment checks, and regulatory oversight—significant operational faults.

Reevaluating Liability Limits under Carriage by Air Act, 1972

The Act sets compensation limits based on the Montreal Convention (1999), but in cases of gross operational fault, these limits should be lifted to allow for unlimited compensation based on the fault or damage.

Technological or Operational Reforms

Pilot Fatigue Management

Pilots are key to preventing or causing crashes. Legal and institutional reforms should impose duty-hour limits and implement independent fatigue audits to boost safety and productivity.

Enhancing ATC Infrastructure and Staff Training

India’s Air Traffic Control (ATC) still faces radar blackouts, staff shortages, and under-trained personnel. The Ahmedabad crash highlights the need for better pilot-ATC coordination, especially during emergencies or bad weather.

Institutional Development

Enhanced Safety and Maintenance at Tabletop Airports

Tabletop airports like Kozhikode and Mangalore are geographically vulnerable. Past crashes (e.g., 2020 Kozhikode, 2010 Mangalore) prove the high risk. The Airport Authority of India must ensure strict maintenance and implement Reinforced Runway End Safety Areas (RESA).

Mandatory 3rd Party Surveillance

Airlines should undergo mandatory third-party safety audits twice a year, covering:

• Complete aircraft checks
• Airline staff training
• Pilot fatigue management
• Maintenance schedules

Such audits ensure fair evaluation and allow penalties for falsification.

Conclusion

The Ahmedabad crash is a grim reminder of operational shortcomings in India’s aviation sector. Despite Boeing 787 Dreamliner’s clean safety record since 2011, this tragic crash—killing approximately 274 people—was caused by lapses in aircraft maintenance, operations, and institutional readiness.

Though the judicial response was prompt, including CJI-led legal action and DGCA’s suspension of operations, there are still unresolved issues. The Montreal Convention limits compensation to ₹1.86 crore per person, which needs revision. Legal changes such as criminal liability for operational negligence, mandatory third-party surveillance, and fatigue risk management systems (FRMS) must be enacted. Enhanced safety measures at tabletop airports are also essential.

End Notes:

1. Air India Ahmedabad Plane Crash: What Are Black Boxes? How Do They Work?, THE HINDU, https://www.thehindu.com/news/national/what-is-a-black-box-how-does-it-work/article69692336.ece.
2. Debby Jain, Ahmedabad Plane Crash: PIL Filed In Supreme Court For Grounding Of Air India’s Boeing Fleet Till Safety Clearance, Livelaw (2025), https://livelaw-cnlu.refread.com/top-stories/supreme-court-gujarat-plane-crash-plea-seeking-grounding-of-air-india-boeing-fleet-till-safety-checks-audits-of-commercial-airlines-295618?fromIpLogin=97830.12302228484.
3. Air India Flight Crash: Supreme Court Urged To Take Suo Motu Cognizance, Issue Directions For Compensation & Probe, Livelaw, https://livelaw-cnlu.refread.com/top-stories/air-india-flight-crash-supreme-court-urged-to-take-suo-motu-cognizance-issue-directions-for-compensation-probe-294890.
4. Mohit Pandey, Air Accident Compensation: The Economics of an Unfortunate Loss, Bar and Bench (2025), Air accident compensation: The economics of an unfortunate loss.
5. Air India Crash: Govt Tightens Aircraft Safety Rules; Structures Violating Height Limit under Lens, The Times Of INDIA (June 19), https://timesofindia.indiatimes.com/india/air-india-crash-govt-tightens-aircraft-safety-rules-structures-violating-height-limit-under-lens/articleshow/121943374.cms.
6. When The Skies Turn Turbulent: Understanding Airline Liability In India, Jus Corpus Law Journal (March 22), https://www.juscorpus.com/when-the-skies-turn-turbulent-understanding-airline-liability-in-india/.