The use of drones, or Unmanned Aerial Vehicles (UAVs), has exploded across various Indian sectors, from agriculture and law enforcement to disaster relief and e-commerce. This rapid growth necessitated a solid regulatory framework to address potential security, privacy, and airspace management issues. Drone technology's rapid development demands clear legal frameworks to prevent unlawful activities and protect privacy. India's Drone Rules, 2021, replaced the UAS Rules of the same year, streamlining drone usage while prioritizing national security. This framework aims to balance innovation with responsible operation.
In India, the Ministry of Civil Aviation (MoCA) established The Drone Rules, 2021, to govern drone operations nationwide. These rules offer a structured system for drone usage, registration, and licensing. A key aspect of The Drone Rules, 2021, is the categorization of drones by weight into Nano, Micro, Small, Medium, and Large classifications. Registration on the Digital Sky Platform and a Unique Identification Number (UIN) are mandatory for all drones excluding Nano drones.
Furthermore, operators of medium and large drones must possess remote pilot certification. The "No Permission, No Takeoff" (NPNT) policy requires drones to obtain pre-flight authorization via the Digital Sky platform. Airspace is divided into Green Zones (no permission needed), Yellow Zones (permission required), and Red Zones (flight prohibited).

Essential Steps for Flying Drones:

• Any data collected during a drone operation is the responsibility of the drone pilot. Proper protocols must be followed to securely keep or dispose of such data, and sharing with third parties requires consent.
• Obtain a Unique Identification Number (UIN) from the DGCA before operating in controlled airspace and affix it to the Remotely Piloted Aircraft (RPA).
• Operate drones only during daylight hours, specifically after sunrise and before sunset, in favorable weather conditions.
• Avoid flying near airports and heliports and always respect people's privacy.
• Strictly adhere to all flying guidelines and regulations.

Important Restrictions for Drone Operation:

• Nano Drones must not exceed a maximum altitude of 50 feet (15 meters); Micro Drones should not exceed 200 feet (60 meters); all drones must stay within 400 feet (120 meters) from the ground.
• Avoid flying drones near airports, heliports, public gatherings, events, or crowded stadiums without prior permission.
• Do not operate drones in no-RPA zones, near government facilities, or military bases.
• Do not fly drones over private property without explicit permission from the owner.
• Controlled airspace flights near airports require prior clearance from AAI/ADC at least 24 hours in advance.
• Strictly prohibited: dropping/transporting dangerous materials, operating under the influence of drugs/alcohol, and flying from moving vehicles, ships, or aircraft.

Regulatory Framework - The Drone Rules, 2021:

• Drones are classified by weight into five categories: Nano (≤250g), Micro (250g-2kg), Small (2kg-25kg), Medium (25kg-150kg), and Large (>150kg).
• Self-certification and simplified drone registration through the Digital Sky Platform.
• Pre-registration security clearances are no longer required for non-commercial micro and nano drone operations.
• The 2022 amendment eliminates the Remote Pilot Certificate requirement for non-commercial small to medium-sized drones (up to 2kg).
• Foreign ownership of drones is prohibited; drone imports are restricted unless for research, defense, or security purposes.
• Armed drones are prohibited for civilian and law enforcement use.
• Non-compliance can lead to fines up to ₹1 lakh, per Section 10A of the Aircraft Act, 1934.
• Additional legal frameworks include The Aircraft Act, 1934, The Aircraft Rules, 1937, The IT Act, 2000, BNS, 2023, and UAPA, 1967.

Licensing and Permissions:

• All drones (except Nano) require a Unique Identification Number (UIN).
• Medium and Large drone operators need Remote Pilot Certificates (RPCs).
• "No Permission, No Takeoff" (NPNT) protocol mandates real-time approval via the Digital Sky Platform.
• Flights in Red Zones (restricted areas) are prohibited.
• Operations in Yellow Zones (controlled airspace above 200 feet in urban areas) require specific permission.

Security and Privacy Concerns:

• Drones pose security risks, including espionage, smuggling, and potential attacks.
• Unauthorized drone surveillance infringes on privacy rights.
• The IT Act, 2000, and BNS, 2023 provide legal recourse for privacy violations.

Can Drones Fire Tear Gas Shells?

• Drones are capable of launching tear gas, and some law enforcement and military organizations globally have explored or implemented drone technology with tear gas dispersal capabilities for managing crowds and quelling unrest. These systems may involve dropping tear gas canisters or employing specialized spray mechanisms to deliver the chemical agent aerially.
• Nevertheless, the legal permissibility and ethical implications of this practice differ across regions, as many nations have established regulations on the use of drones by law enforcement, especially regarding the deployment of non-lethal weaponry. Furthermore, the act of releasing tear gas from an elevated position introduces safety hazards due to the unpredictable nature of its trajectory, potentially affecting individuals not intended as targets. Human rights groups have also voiced apprehension regarding the potential for disproportionate force, stressing the urgency for robust monitoring and governance.
• The Drone Rules, 2021, specifically Clause 14(2), strictly forbid the carriage of arms, ammunition, or explosives by drones without explicit authorization from the central government. This prohibition is designed to safeguard public safety and prevent the illicit application of drone technology. Even though tear gas shells, including CS gas, are generally categorized as non-lethal, they can still be construed as a form of weaponized payload.
• Consequently, deploying these substances via drones could potentially contravene the stipulations outlined in the Drone Rules. Therefore, any contemplated aerial deployment of tear gas using drones requires careful and thorough evaluation to guarantee full adherence to all applicable legal frameworks.

Drones in Law Enforcement and Disaster Management:

• Drones have become valuable tools for Indian law enforcement, aiding in crowd control, surveillance, and criminal investigations. They're increasingly used to monitor protests and track illegal activities.
• In disaster management, drones are beneficial for flood relief and search-and-rescue operations. During the COVID-19 pandemic, drones were deployed for aerial monitoring and disinfection, ensuring lockdown compliance.

Drone Usage in Commercial Sectors:

• The commercial drone industry is booming, with applications in agriculture, infrastructure, mining, and e-commerce. Companies like Zomato, Swiggy, and even Amazon have explored drone-based delivery services.
• In agriculture, drones enable precision farming through remote sensing and targeted pesticide spraying, improving efficiency and reducing costs.

Case Laws and Legal Precedents:
In Long Lake Township v. Maxon (Michigan Supreme Court, 2023), the court held that low-altitude drone surveillance of private property constitutes a "search" under the Fourth Amendment, drawing a parallel to the U.S. Supreme Court's ruling on thermal imaging in Kyllo v. United States, thereby establishing that such drone surveillance requires a warrant to be constitutionally permissible.

In State v. Davis (New Mexico Supreme Court, 2015), the court determined that warrantless aerial surveillance by law enforcement, specifically using a helicopter to observe the defendant's property, infringed upon Fourth Amendment protections against unreasonable searches, thereby reinforcing the requirement for warrants in such aerial surveillance scenarios.

In the case of Tirthankar Suvankar Ganguly & Another v. State of Maharashtra (2023), the Bombay High Court overturned an FIR against two individuals who operated a drone during Prime Minister Narendra Modi's visit to Mumbai. The court's decision was based on the fact that the individuals had secured advance authorization from the Deputy Commissioner of Police (Operations) for the drone's operation.

In State of Punjab v. Unknown (2021), the Punjab and Haryana High Court addressed the serious security implications of drones being utilized for cross-border smuggling of contraband into India. The court emphasized the urgent necessity for robust security measures and stricter regulations to combat this growing threat, acknowledging the potential for drones to undermine national security and exacerbate existing law and order challenges in the border regions.

International Comparisons and Future Prospects:
Compared to the US and China, India's drone regulations are relatively progressive. While the US Federal Aviation Administration (FAA) has strict licensing and flight restrictions, India's Digital Sky Platform streamlines compliance. Future developments should include counter-drone measures and AI-based monitoring to prevent unauthorized operations. The anticipated Drone (Amendment) Rules, 2024, are expected to introduce stricter penalties and enhanced technological monitoring.

Challenges in Implementation:
Enforcing drone regulations in India presents a multi-faceted challenge, compounded by insufficient public understanding of the rules, an underdeveloped technological framework for managing drone traffic, and the inherent complexities of monitoring and intercepting unauthorized drone operations.

To effectively address illegal drone activities, improved collaboration and communication between law enforcement agencies and civil aviation authorities are crucial. The Indian government is actively pursuing the integration of sophisticated Drone Traffic Management (DTM) systems, aiming to enhance airspace safety and ensure the responsible operation of drones within the country's airspace. This initiative seeks to establish a comprehensive system for monitoring, managing, and regulating drone activity, ultimately contributing to a safer and more secure environment for all airspace users.

Conclusion:
India's drone industry stands poised for significant economic and technological expansion, contingent upon a robust and adaptable regulatory environment. The Drone Rules, 2021, provide a foundational structure, but continuous monitoring and proactive adjustments are essential to effectively manage emerging security risks and harness the full potential of this rapidly developing sector.

To cultivate a balanced ecosystem, India must strategically incorporate advanced technologies like AI, blockchain, and geofencing. This approach will foster innovation while simultaneously safeguarding national security, protecting citizen privacy, and promoting the ethical and beneficial integration of drones across various sectors, including agriculture, infrastructure, healthcare, and disaster response, each with its own specific needs.

Ultimately, the responsible and safe utilization of drones hinges on a comprehensive legal framework that evolves in tandem with the technology. As drone applications become more widespread, ongoing legislative developments are crucial to ensuring they contribute positively to society, mitigating potential risks, and striking a crucial balance between innovation, public safety, privacy, and national security.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: imranwahab216@gmail.com, Ph no: 9836576565