Regulation of Drones in India

-Nithika Rebello

The emergence of Unmanned Aerial Vehicle (UAV), commonly known as drones, has resulted in the need for drone regulation. These laws were introduced in India for regulation of the civil use of Remotely Piloted Aircraft System (RPAS). The DGCA is the regulatory body in charge of enforcing these rules in accordance with the Civil Aviation Requirements (CAR), Section 3- Air Transport Series X, Part I, Issue I. The National Drone Policy from the Director General of Civil Aviation reduces the ambiguities in the system. As per the civil aviation requirements issued under the provisions of Rule 15A and Rule 133A of the Aircraft Rules, 1937, these drones will need a registered Unique Identification Number (UIN), Unmanned Aircraft Operator Permit (UAOP) and are required to adhere to other operational requirements. The lack of quality control and standardisation of drones is a major issue.

The question of legal liability for a drone arises and poses a threat to national security in the absence of such guidelines that are needed to have a binding effect on the government. The government needs to follow a step-by-step process of evaluation. The Aircraft Act and Rules need to be re-examined, and its applicability with UAV technology needs to be observed. The framework must be flexible as disruptive technologies cannot grow under the watch of regulators who protect the very industry that is being disrupted. As a result, they will be able to tend to concerns regarding security as well as individual rights. The DGCA must not be the sole policy framework-making body, rather a participant of the task force. A deeper examination of UAV activity, its real-world impact, and its qualitative difference from manned aircraft operations is required immediately to identify the loopholes and possible impingement of proprietary, reputational, and safety interests by such activity.