Lok Sabha

December 2, 2015

Dr Tapas Mandal speaks on the Carriage by Air (Amendment) Bill, 2015

Dr Tapas Mandal speaks on the Carriage by Air (Amendment) Bill, 2015

Sir, I am thankful to you for allowing me to speak on the Carriage by Air (Amendment) Bill, 2015. The amendment of the Bill is a reflection of the demands of the day. The Bill would enable the Government to revise the liability limits of air carriers in line with the Montreal Convention, which was acceded by India in 2009.

The amendment also enables the Government to revise the liability limits as per notification of the International Civil Aviation Organization. The International Civil Aviation Organization determined an inflation factor of 13.1 per cent which exceeded 10 per cent, the threshold stipulated for triggering an adjustment in the limit of liability. Article 24 of the Montreal Convention provides for revision of liability limits of air carriers for damages in relation to carriage of passengers, baggage and cargo at a five year interval.

As per revised compensation package, the Bill intends to review the liability limit for damage in course of death or body injury for individual from 1,00,000 SDRs to 1.131 SDRs that is, more or less equivalent to Rs 1 crore in Indian currency. The liability in case of destruction, loss or delay of baggage of individuals has been raised from 1000 SDRs to 1131 SDRs. The liability in case of destruction, loss or delay of carriage of cargo has been raised to 17 SDRs to 19 SDRs.

Presently, one SDR is equivalent to around Rs 88 or Rs 89 of Indian currency. The currency value of SDR varies, as Shri Rudy pointed out, with the market rates of major currency like US dollar, Pound Sterling, Japanese Yen and Euro. I support the Amendment which facilitates fire compensation and prevents Indian passengers from discrimination. I want to highlight some important issues for the Ministry of Civil Aviation. The most important aspect of consideration for air travellers is safety, security and comfort. Is it addressed at all by the Ministry?

The Government is often saying that India is a global player, a powerful tiger. Yes, India is a tiger. But if we see our safety and comfort in airports, India seems to be a sleeping tiger. Is there any unlawful nexus to promote private airlines by allotting the best departure time from different airports of this country? Why is the Air India not allocated prime times for its own flights? Why is the Air India only bridge to the North Eastern States and why not the private airlines? Why is the Government not giving its look towards the common passengers of this country? What about the service aspect of the pilots of Air India? Why are the most efficient and best performing pilots leaving Air India? Are they joining private airlines and foreign airlines for better salary, for tax free income?

If a pilot making expenditure from the Government’s end is about Rs 30 lakh, what is the cost of the service bond? What is the Government status to increase the amount of the service bond? I would urge upon the Minister to please look into the matter very seriously. The Bill is dealing with liability. But what is the duty of the Government to intervene? We know that prevention is always better than cure. Try to improve security, safety and comfort level for the common passengers. Try to ensure and maintain schedule time of departure and arrival, apologise timely, if not, let the passengers know the up-dates, serve better foods, issue boarding pass carefully, then you may not be worried about the amount of liability increase.

The Government may not spend much amount of money for liability because the money ultimately comes from the pocket of the common people. With these few words, I conclude my speech.