The Supreme Court on Tuesday stressed the need for creative solutions to handle unruly air passengers, suggesting that the authorities revisit and possibly amend existing guidelines to better align with international norms. The case was brought before the court following the distressing incident in 2022, in which a 72-year-old woman was urinated on by a male passenger aboard an Air India flight (Hema Rajaraman v. Union of India and Ors).
A Bench of Justice BR Gavai and Justice KV Viswanathan was hearing the petition. In their remarks, the judges suggested that authorities might need to consider “strategic seating” or other innovative methods to prevent such incidents from occurring in the future. “Something creative will have to be done. Maybe strategic seating or something,” said Justice Gavai.
Justice Viswanathan, during the hearing, recounted a troubling experience of his own involving drunk passengers on a flight. He recalled how, on a recent flight with Justice Surya Kant, two male passengers who were highly drunk caused a disruption. “One locked himself in the toilet and slept while the other wandered around with a vomit bag. The all-women crew could not open the toilet, so one of my co-passengers had to intervene,” Justice Viswanathan shared. His anecdote underscored the challenges faced by cabin crews when dealing with disruptive passengers.
The Court, recognizing the gravity of the issue, adjourned the matter for eight weeks and instructed Additional Solicitor General Aishwarya Bhati to ensure that the concerned authorities carefully reviewed the guidelines on dealing with unruly passengers. The aim is to bring them in line with international standards, which have more defined and stringent measures for managing disruptive behavior during flights.
The petition was filed by the 72-year-old woman who had been the victim of the incident, and her legal team—comprising advocates Rahul Narayan, Tanya Srivastava, and Harshita Malik—represented her in court.
The case had first come to the public’s attention when the woman wrote a letter to the Chairperson of the Tata Group, which was later leaked to the media. The woman detailed how she had been urinated on by Shankar Mishra, a fellow passenger, while aboard an Air India flight on November 26, 2022. Mishra, who was intoxicated, was arrested by Delhi Police in Bengaluru following the incident. His employer, Wells Fargo, condemned his actions and subsequently dismissed him from his position.
In a previous development, the Delhi High Court had directed the DGCA to form an appellate committee to hear Mishra’s appeal against the designation of “unruly passenger,” which resulted in a four-month ban from flying. This ruling had been issued in March of the prior year.
The Supreme Court’s call for revised guidelines follows broader concerns over the safety and comfort of passengers, especially given the rise in incidents of disruptive behavior on flights. The Court’s recommendations may lead to a rethinking of current protocols to ensure better management of such situations and more excellent protection for passengers during air travel.