India-Gulf flights: Court asks DGCA representation to hear petition filed by expat group over unreasonable airfares

News Network
August 24, 2022

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A High Court in India has asked a representation from the Directorate General of Civil Aviation (DGCA) to hear a writ petition challenging the exorbitant prices of air tickets on flights operating between Gulf countries and India.

The petition, filed by Delhi-based political group Kerala Pravasi Association, in Delhi High Court challenged Rule 135(1) of the Aircraft Rules, 1937, stating that it is vague, arbitrary and unconstitutional.

The petition to the Court noted that airlines have been charging unreasonable, excessive, and prohibitive airfares for travel from the Gulf region countries to Kerala and the rest of India.

“Resultantly, Indian citizens who wish to travel to and from these countries primarily for employment, business, and education are facing grave impediments,” read the petition.

“Furthermore, it is submitted that such unreasonable and exorbitant airfares impose restrictions on air travel as a mode of transportation and, thereby, infringe the constitutionally protected rights of the Indian passengers to or from Gulf countries,” it added.

“I35. Tariff- (1) Every air transport undertaking operating by sub-rules (I) and (2) of rule 134 shall establish a tariff having regard to all relevant factors, including the cost of operation, characteristics of service, reasonable profit and the generally prevailing tariff.”

Although Rule 135(4) of the Aircraft Rules, 1937 (‘Rules’) empowers DGCA to issue directions to an airline in case it has established excessive tariff under Rule 135(1) or has indulged in oligopolistic practice; the said provision is rendered ineffectual on account of the arbitrary and unbridled powers given under Rule 135(1) of the Rules to the airlines to establish tariff.

The petitioners, Kerala Pravasi Association, seek urgent interim relief concerning tariffs established by the airline or the scrapping of Rule 135(1). According to senior members of the NRI association, this may be the first time a writ petition has been filed challenging rule 135(1). Kerala Pravasi Association is a political party registered with the Election Commission of India, and the group has chapters in various countries worldwide, including the UAE.

The petition on behalf of the NRI group was filed by senior Supreme Court advocate and managing partner at KNPM Law Kuriakose Varghese. Peak season India-UAE airfares can hike up to anything between Dh 1,500 to Dh 3,000, depending on the sector the passenger is flying. Kerala sector flights are among the most expensive, said Rajendran Vellapalath, the chairman of the Kerala Pravasi Association.

Varghese said, “The writ challenges Rule 135 (1) of Aircraft Rules, 1937. The pricing of airfares has to adhere to certain reasonable limits. Based on what the Court has ruled, we will not find a representation for the DGCA and take matters forward from there.”

Varghese said the practice of charging airfares based on market rates makes it highly lucrative and discretionary.

Vellapalath explained, “We are glad the High Court has not quashed our petition. Instead, we have been asked to speak with the DGCA. Based on their response, we are willing to take matters to the Supreme Court of India.”

However, while petitions of this nature have been filed before, not many courts get involved in such matters as they are tricky, stated Varghese.

“This is a matter of law being linked to economics. It is a very grey area of operation, and there is no transparency on the matter as stakeholders generally adopt a take it or leave it attitude, especially during peak travel time,” he added.

Moreover, several members of the Indian Parliament, community groups in the UAE, travel agencies, and other non-profit bodies have also raised this issue to no avail.

Vellapalath added, “When two countries are involved in bilateral discussions, the civil aviation governing body can determine what sort of fare needs to be levied on passengers travelling between the sectors. The government can place a minimum or maximum cap on the ticket prices.”

“The government capped prices on domestic flights during peak Covid-19. Why can’t the same be done for international airlines as well,” asked Vellapalath

According to Vellapalath, airlines have always maintained a lower capacity of operations between Gulf sectors to India during peak season. “The role of the government is to help its people, not allow airlines to make a profile. If there is a shortage of capacity, then let them increase it. The public must not be fleeced,” argued Vellapalath.

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News Network
April 11,2024

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The number of Palestinians arrested by Israeli military forces in the occupied West Bank has surged to 8,165 since October 7, when Israel launched its relentless offensive against Palestinians in the Gaza Strip.

The Palestinian Prisoners Society and the Commission of Detainees and ex-Detainees in a joint statement on Tuesday said that over the past 24 hours, Israeli forces had arrested 20 Palestinians across the West bank.

The statement said that most of the arrests took place in Tulkarm, with additional arrests scattered across other cities, towns and refugee camps in the West Bank such as Beit Lahm, al-Khalil, Ramallah, Nablus, Tubas, and al-Quds.

The arrests were made amidst reports of widespread abuse, severe beatings, threats against detainees and their families, and extensive vandalism in citizens' homes and prisoners' residences in the Israeli prisons.

In the aftermath of the al-Aqsa Storm, over 8,165 arrests were made in the West Bank, with individuals including children being detained from their homes, at military checkpoints, coerced into surrendering, and even taken hostage, the statement revealed.

These figures do not include the thousands of adults and children the Israeli army has detained, tortured and interrogated in makeshift prisons across Gaza, outside any legal or civilian oversight.

Conditions for Palestinian prisoners in Israeli jails have allegedly worsened considerably, with detainees experiencing extreme overcrowding and limited access to essential rights, including food, water, electricity, medical care, family visits, and legal assistance.

Palestinian prisoner groups have repeatedly reported that Palestinians in Israeli prisons are being denied medical care, which pushes those jailed to the brink of death.

At least 10 Palestinians have died in Israeli prisons since Israel’s war on Gaza began, according to Palestinian news agency WAFA. But an investigation by Israeli daily Haaretz revealed that the number was actually at least 27. Rights groups put the number even higher.

Israel has intensified its attacks against Palestinians throughout the West Bank since October 7, when it launched a devastating war on the besieged Gaza Strip.

Since then, the Israeli forces and settlers have killed at least 459 Palestinians from the West Bank, with over 4,750 others sustaining injuries.

In the span of the past six months, at least 33,482 Palestinians, mostly women and children, have been killed in Gaza. The relentless violence has also resulted in the mass displacement of the 2.3 million people inhabitants of the Gaza Strip.

Concerns have been raised regarding the fate of those who have gone missing, as they may be trapped beneath the rubble or confined within makeshift Israeli prisons.

The significant number of Palestinian detainees remaining in Israeli prisons is a crucial role in truce negotiations between Palestinian resistance group Hamas and Israel.

About 130 of the 250 Israeli captives taken during Operation Al-Aqsa Storm are still in Gaza after a provisional truce deal in December saw the exchange of a number of prisoners between the two sides.

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News Network
April 13,2024

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New Delhi, May 13: Warmongering Israel is bracing for a potential direct attack by Iran as warnings grow of retaliation for the provocative killing last week of a senior officer in Iran's embassy in Damascus. US and other intelligence assessments have said the retaliation could come as soon as Sunday. The unprecedented attack could trigger an all-out regional war.

US President Joe Biden has also warned Israel that he expects a strike from Iran soon, but has warned the clerical state not to attack.

"I don't want to get into secure information but my expectation is sooner than later," Biden told reporters after an event.

Asked what his message was to Iran on striking Israel, Biden said, "Don't."

An assault from Iranian soil has emerged as one of the main scenarios expected by the Jewish state and its allies, according to reports by the Wall Street Journal and Bloomberg. A bombardment with drones and precision missiles could come within the next 24 hours, the reports said citing people familiar with the matter.

Any Iranian attack on Israel would likely be a combination of missiles and drones, based on current capabilities outlined in a new Defense Intelligence Agency Worldwide Threat assessment released late Thursday.

The regime "has a substantial inventory of ballistic and cruise missiles capable of striking targets as far as 2,000 kilometers from its borders," the agency said.

The US has rushed additional military assets to protect Israel and American forces in the region. The country has moved two Navy destroyers to the Eastern Mediterranean Sea, according to a Navy official. One is the USS Carney, which was recently in the Red Sea performing air defence against Houthi drones and anti-ship missiles.

America has also doubled down its diplomatic efforts to rein in hostilities in the region, which has been on the edge since Israel launched a mega offensive on Palestine to destroy the militant organisation Hamas.

US officials have been working to send messages to Iran, including through an established Swiss channel, while talking to Israel, Saudi Arabia, Qatar, and other governments. Biden has also sent the head of US Central Command, General Michael Kurilla, to Israel for urgent talks on the threat from Iran.

The 'shadow war' between the two Middle Eastern countries heated up when an Israeli airstrike hit the Iran consulate in Damascus, killing seven people, including two generals. Iran immediately issued a statement saying that it is prepared for war and will deliver a "slap" to Israel.

Israel has been on alert since then, canceling home leave for combat troops, calling up reserves, and bolstering air defenses. Its military scrambled navigational signals over Tel Aviv on Thursday to disrupt GPS-navigated drones or missiles that might be fired at the country.

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News Network
April 14,2024

Qatar and Kuwait have banned any use of their airspace and air bases for attacks against Iran amid heightened tensions between Iran and the Israeli regime following an Israeli attack early this month on an Iranian diplomatic mission in Syria.

Reports on Saturday indicated that both Qatar and Kuwait had issued directives to the United States stressing that the US military will not be allowed to use air bases in the two countries for carrying out any potential airstrikes on Iran.

Qatar and Kuwait have also indicated that their airspace will not be available for any military action against Iran.

The US has military aircraft at the Ali Al Salem Air Base and Ahmed Al Jaber Air Base in Kuwait. The Al Udeid Air Base in Qatar is also the largest US air base in the West Asia region.

The directives issued by Iran’s two Arab neighbors come amid reports showing that Iran is preparing to respond to an Israeli airstrike that killed two of its senior military commanders in its consulate in the Syrian capital Damascus on April 1.

Washington has urged Iran to deescalate while saying that it will defend Israel in case it is attacked.

Iran, which has no direct relations with the US, has called on regional Arab countries to advise the US not to interfere if Israel is attacked.

Countries have been wary of a major confrontation in the region more than six months into an Israeli onslaught on the Gaza Strip.

Reports show they have already limited the ability of the US to use their airspace and air bases for attacks on resistance groups that are allied with Iran and have been attacking Israeli and US interests in the region since the start of the Israeli aggression on Gaza.

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