Air India was “unprofessional” and “devoid of empathy” in dealing with the female passenger who was allegedly urinated upon by a male co-traveller on a New York-Delhi flight on November 26, the aviation regulator said on Thursday.
The airline, said the Directorate General of Civil Aviation (DGCA), had violated rules related to the handling of an unruly passenger onboard, and its conduct led to a “systemic failure”.
The DGCA, therefore, has issued show-cause notices to Air India’s accountable manager, director (in-flight services), pilots, and cabin crew members of the flight on “why enforcement action should not be taken against them for dereliction of their regulatory obligations”.
“To meet the ends of justice, they have been given two weeks to submit their reply to the DGCA and based on that, further action will be taken,” the regulator added.
Meanwhile, another incident has emerged of a male passenger allegedly urinating on the blanket of a female co-passenger on the airline's Paris-Delhi flight on December 6. The Central Industrial Police Force (CISF) took him into custody after he disembarked, but was allowed to leave after he reached a compromise with the female passenger and tendered a written apology, sources said.
On December 6 incident, Air India spokesperson said the passenger had urinated on the vacant seat and blanket of the co-passenger when the latter was in the lavatory. The CISF personnel took the male passenger into custody at the Delhi airport. "As the victim and the accused reached an understanding, CISF allowed the accused to leave after he tendered a written apology. In deference to the victim’s wishes, Air India did not lodge a police report," the spokesperson added.
For the November 26 incident, the Delhi Police have registered a first information report (FIR) and formed teams to nab the accused. On Wednesday, the DGCA had asked Air India for details on what steps it took regarding the incident.
The Tata group-owned airline told the DGCA on Thursday that after the female passenger reported the incident on the New York-Delhi flight, its cabin crew assisted her to a different seat in the same class and provided a set of dry clothes and slippers, sources said.
The female passenger initially requested that action be taken against the offender upon arrival, but subsequently rescinded her request after the “two parties appeared to sort the matter” out between them, Air India told the DGCA.
The cabin crew reported the incident to the pilot-in-command and logged it in the voyage report. As there was no further flare up or confrontation, and respecting the perceived wishes of the female passenger, the crew decided not to summon law enforcement upon landing, Air India stated in its reply, according to sources.
In response, the DGCA said that “on the basis of reply of the airline, prima facie it emerges that provisions related to handling of an unruly passenger onboard have not been complied with”.
The airline’s conduct appears to be unprofessional and has led to a systemic failure, it said. Air India’s conduct was “devoid of empathy” and was not in line even with the regulatory obligations under its own manuals, it said.
The DGCA had in 2017 issued rules to deal with unruly passengers. Airlines are required to form their own standard operating procedures and train their personnel on ways to deal with them.
According to the DGCA rules, unruly behaviour has been categorised under three levels. Level 1 includes physical gestures, verbal harassment, and unruly inebriation. Level 2 includes physically abusive behaviour like pushing, hitting, kicking or sexual harassment. Level 3 incidents include life-threatening behaviour such as causing damage to aircraft operating systems, murderous assault etc.
According to the procedure, the pilot is required to relay the onboard situation to the airline’s control room. A diversion too can be carried out, if required, and upon landing a police case can be lodged.
Norms also require an airline to constitute a three-member independent committee to decide on the issue of putting the unruly passenger on a no-fly list within 30 days. The airline has to maintain a database of unruly passengers and inform the DGCA and other airlines.