Chapter I

.lntr()du.:ti()n
Today aviation security is highest on priority among the international aviation
community. Security in Aviation parlance is defined by ICA0 1 as

"a combination of measures, human and material resources intended to

safeguard international civil aviation against acts of unlawful interference".

Aviation security aims at preventing criminal activity against aircraft and airport
infrastructure. There are seven categories of criminal acts against civil aviation:

• Commandeering of civil aviation aircraft,

• hijacking of civil aviation aircraft,
• bombings,
• attempted bombings and shootings in civil aviation aircraft,
• .shootings at in-flight aircraft,
• attacks at airports,
• incidents involving charter and privately-owned aircraft off-airport

Of these, both commandeering and hijacking relate to seizing control of an

aircraft. CommandeeJing is seizing control of an aircraft, while it is on the ground,
with its doors open. Hijacking is seizing control of a plane, with the crew or/and
passengers inside after the doors have been closed, whether it is still on the
ground or in flight, by one or more persons, who are or who claim to be armed,
for a purpose, which need not necessarily be criminal. Generally, hijacking
carries a more severe penalty than commandeering. Both offences involve
intimidation, but while in commandeering the danger is more to the aircraft and
other property on the ground, in hijacking it is to the plane as well as the human
beings inside.

International Civil Aviation Organization (ICAO), which is the United Nations'

specialized agency responsible for establishing international standards and
responsible for promoting the safety and security of international civil aviation,

1
has termed such criminal, acts as "Unlawfullntetference" which may take one of
the following forms:

a. Hijacking
b. Forcible seizure of aircraft
c. Attacks on the (vital) ground installations, terminal buildings and such
essential facili!ies on landside
d. Attacks against passenger, crew and employees of the airports.

As far as the acts of unlawful interference enumerated in a & b is concerned, a

contingency may arise in one of the following forms:
• an aircraft registered in India may be hijacked· either within India or
abroad and may land in one of the-airport'!n India or abroad.
• a foreign registered aircraft may be hijacked while in India arid may
land in India or abroad.

Growth of Indian aviation and security concerns

The history of civil aviation in India began in December 19122 • This was with the
opening of the first domestic air route between Karachi and Delhi by the Indian
State Air Services in collaboration with the Imperial Airways, UK, though it was a
mere extension of London-Karachi flight of the latter airline. Three years later, the
first Indian airline, Tala Sons Ltd., started a regular airmail service between
Karachi and Madras without any patronage from the government.
At the time of independence, the number of air transport companies, which were
operating within and beyond the frontiers of the company, carrying both air cargo
and passengers, was nine. It was reduced to eight, with Orient Airways shifting to
Pakistan.

In early 1948, a joint sector company, Air India International Ltd., was established
by the Government of India and Air India (earlier Tala Airline) with a capital of Rs
2 crore and a fleet of three Lockheed constellation aircraft. The joint venture was
headed by J.R.D. Tata, who had founded the first Indian airline in 1932. Since
•'

2
then, Indian aviation has come a long way and currently civil aviation scenario in
the country is at its dynamic best. The Vision 2020 statement announced by the
Ministry of Civil Aviation, envisages creating infrastructure to handle 280 million
passengers by 2020. India has the fastest growing passenger figures in the world
and is likely to be the fastest growing aviation market till 20253 . As per a report
released by Centre for Asia Pacific Aviation (CAPA) 4 , domestic traffic in India will
increase by 25 per cent to 30 per cent till 2010 and international traffic will grow
by 15 per cent, taking the total market to more than 100 million passengers b-;
2010. India's civil aviation passenger growth, which is presently at 20 per cent, is
one of the highest in the world. As per the forecast provided by CAPA, 400
million Indian passengers are likely to be airborne by 2020, which means by
2020, Indian airports are expected to handle more than 100 million passengers
including 60 million domestic passengers and around 3.4 million tonnes of cargo ·
per annum. Trend of passenger growth world wide is given in figure 1.

Fig 1 *Trend of Passenger growth world-wide since 2000

Worldwide- Passengers
20G9F r- --------
I
-- -· - ··-·· -- .. . --
21:18--1,
2008E ] 22471
2007 l 2260
2006 ] 2124
2005 J 2022
2004 l 1~8
'
2003 JI 1691 '
2002 l 1639
2001 l 1640
2000 J 1672 mlns.
I

0 500 1000 1500 2000 2500

*Source ACEXC newsletter Volume 12 dated 26 May 09

Figures 2 and 3 depict the trend of passenger growth in India at the domestic
and International airports separately.

3
Fig 2 *Trend of passenger growth at domestic airports

·source ACEXC newsletter Volume 12 dated 26 May 09

Fig 3 *Trend of passenger growth at international airports

PASSENGER TRAFFIC:% GROWTH -

INTERNATIONAL- ALL INDIAN AIRPORTS
2000-01 TO 2006-09
35,000/JOO

30,000~

25.ooo,poo

''cd 20,000,000
lo
z 15,000.000

10,000,000

5,0001000

'·...._

•source ACEXC newsletter Volume 12 dated 26 May 09

Presently there are 449 airports/airstrips in the country5 used by civil and military.
flights. Some of the airstrips are unused presently. Among these, AAI manages
127 airports, which include 16 International airports, 8 Custom Declared airports,
4
 79 Domestic airports and 24 Civil Enclaves at Defence airfields 6 • Of the rest,
majority of the airports/airstrips are under the control of defence ministry, serving
the Air Force, Navy and Army aviation. Each of thfise airports are unique in their

-+.
size and infrastructure availability· thus differing in their aircraft handling
capabilities. Figure 4 depicts the growth in the aircraft· movements at Indian
airports (domestic and international).

Fig 4 *Increase in aircraft movements at Indian airports

..

1,QQ<?1Cic.:Q
aoo,ooo
600,000

400,000

200,000

0
2o:::G-04 ,2604-05 2005-:oG 200&-07 2007-oa 20oa-ou

Source: ACEXC Resaarch

It can be observed from the figures 1 to 3 that-the-passenger-traffic has been

steadily increasing from the 2000 till 2008. Similarly figure 4 indicates that the
number of aircraft movements is on the rise at all airports in the country from
2003 till 2008. In the 2008-09, a slump is observed h1 passenger traffic as well
the aircraft movements. This is largely attributed to the increase in the price of
Aviation Turbine Fuel (ATF) and is considered a temporary set back.

Table 1 gives a comparison among various airports in the country (both civil and
•
military) in terms of the size of aircraft that can operate from a given class of
airport.

5
Table No.1 Aircraft handling capabilities-India

The aircraft handling capabilities of the airports in terms of handling maximum size
of aircraft, are as under :

Ty'pe of No. of Airports

Aircraft
Capable (120) Being developed/
planned (22)
B-747 Calcutta, Chennai, Delhi, Mumbai, Ahmedabad, Jaipur,
Thiruvananthapuram, Bangalore* (6) Guwahati (3)
AB-300 Ahmedabad, Amritsar*, Goa (CE), Guwahati, Aurangabad,
Hyderabad, Nagpur*, Sri nagar (CE) (7) Banaras,
Bhubaneshwar,
Calicut, .Cochin
(New) (Pvt.),
. Coimbatore, Jaipur,
Lucknow (8)
AB-320 Agra (CE), Agartala*, Aurangabad, Bagdogra (CE), Indore, Jammu (CE),
Bhubaneshwar, Bhuj (CE), Bhopal, Bhavnagar*, Lilabari, Mangalore,
Calicut, Coimbatore, Chandigarh (CE), Dibrugarh*, Madurai, Port Blair
Dimapur, Gwalior (CE), lmphal, Jaipur, Jamnagar (CE), (CE) (6)
Jorhat (CE), Lucknow, Patna*, Pune (CE), Raipur•,
Ranchi, Trichi*, Tirupati, Tezpur (CE), Udaipur,
Varanasi, Vadodara, Leh (CE) (30)
B-737 Allahabad (CE}, Bikaner (CE), Cochin (CE), Gorakhpur Jabalpur, Lengpui-
(CE}, Indore, Jaisalmer (CE), Jamnagar (CE), Jammu New Airport
(CE), Jodhpur (CE), Kanpur (Chakeri) (CE), Khajuraho, Vijayawada (3)
Madurai, Mangalore, Port Blair (CE), Rajkot*, Salem,
Silchar (CE), Vizag (CE) (18)
F-27 Barapani, Belgaum Gaya, Hubli, Jharsuguda, Jabalpur,
Kamalpur, Kolhapur, Kandla, Lalitpur, Keshod, Lilabari,
Ludhiana, Porbander, Pondicherry, Rajamundry, Rupsi,
Sholapur, Tuticorin, Tezu, Vijayawada, Warangal (22)
Dornier Aizwal, Akola, Along (CE), Balurghat, Bilaspur, Coach- Kargil, Tura-New
Behar, Cuddapah, Daparizo (CE), Dehradun, Deesa, Airport (2)
Gaggal, Jhansi, Kota, Kailashhar, Kanpur, Kulu, Maida,
Muzzaffarpur, Mysore, Passighat, Pantnagar, Satna,
Shimla, Zero (24)
Pushpak Behala, Juhu, Safdarjung, Nadirgul, Donakonda (5)
Type

= =
CE Indicates Civil Enclaves of defence aerodromes * Restricted/load
penalty operation
Source: http://civilaviation.nic.in/aai/airport.htm dt 30 Jun09

6
Figure 4 above indicates that aircraft movements at all Indian airports are on the
increase whereas table 1 shows that there are very few airports capable of
handling larger aeroplanes such as B-747 or AB-300. In order to enable more
operational freedom to the operators it is desirable that more airports are
upgraded to accommodate all kinds of aircraft. This suggests that there is a huge
scope for expansion in the coming years, to keep pace with civil aviation growth
in India. There are also deficiencies in respect of, navigational aids, night landing
systems and cargo handling, at some airports. The demand from commercial
aviation is too high for the government to respond solitarily. Hence there is an
unavoidable need to take recourse to partial/complete privatization of various
services pertaining to civil aviation. It is obvious that privatization with
overarching commercial interest has a bearing on the security of aviation
particularly when foreign players are involved.

Private Players and the Security Paradigm

The Constitution of India refers to civil aviation as a subject in the Central List.
Resultantly, the subject falls within the legislative competence of Parliament. The
Aircraft Rules, 1937 permit airports other than Government airports to be owned
by citizens of India or companies or corporations registered and having their
principal place of business in India. Thus the legislative framework for
privatization of airports already exists. In fact, some airports are already owned
by State Governments, private companies and even individuals. Thus, airports
may be owned by the Central Government, PSUs, State Governments, Urban
local bodies, private companies and individuals, as also by joint ventures
involving one or more of the above.

Similarly, various options are available in respect of the management of airports

or parts of airports. These could be on Build-Own-Transfer (BOT), Build-Own-
Lease-Transfer (BOLT), Build-Own-Operate (BOO), Lease-Develop-Operate
(LDO), Joint Venture, Management Contract or Wrap-around Addition basis. In

7
 each individual case, the exact pattern could be negotiated, depending on the
circumstances. Foreign equity participation in such ventures is permitted up to
74% with automatic approvals, and up to 100% with special permission 7 .

in order to meet the growth in ci· aviation, huge investments are being made to
develop infrastructure. The ,;rnment plans to invest US$ 9 billion to
modernize existing airports by 2u. 0. The government is also planning to develop
around 300 unused airstrips 8 . Government is adopting a liberal outlook to permit
foreign players in Indian aviation. Indian skies are thrown open to foreign aviators
and foreign infrastructure giants are showing interest in Indian ventures. More
and more aero planes are being serviced by foreign technicians. Be it the
development of airports, provision of navigational facilities or training and
manning of aero planes, each activity of aviation seems to have some foreign
element or the other.

The following data pertaining to Airport Infrastructure and Foreign Investments

provided by India Brand Equity Foundation (IBEF) 9 gives an empirical
perspective of the foreign players' involvement in Indian civil aviation.

Airport Infrastructure

• Mumbai and Delhi airports have already been privatised and are being
upgraded at an estimated investment of US$ 4 billion over 2006-16.
Greenfield airports are operational at Bangalore and Hyderabad. These
are built by private consortia at a total investment of over US$ 800 million.
• Over the next five years, AAI has planned a massive investment of US$
3.07 bilnon-43 per cent of which will be for the three metro airports in
Kolkata, Chennai and Trivandrum, and the rest will go into upgrading other
non-metro airports and modernizing the existing aeronautical facilities.

_.._
• 100 per cent FDI under automatic route is permissible for Greenfield
airports.
• Private developers allowed setting up of captive airstrips and general
airports 150 km away from an existing airport.
• 74 per cent FDI is permissible in cargo and non-scheduled airlines.
8
Major Foreign Investors

• US-based business jet maker, Hawker Beech craft Corporation (HBC),

opened its first authorised service centre in Delhi in partnership with Inter
globe General Aviation with a total investment of US$ 8 million.
• Richard Branson, who controls UK carrier Virgin Atlantic Airways Ltd, has
sought permission to start a domestic airline in India.
• GMR Infrastructure is in talks with aircraft component manufacturers such
as Honeywell and Safran to set up a components assembly plant in the
country. The company plans to invest US$ 60 million for the proposed
Joint Venture.
• Investment opportunities of US$ 110 billion envisaged up to 2020 with
US$ 80 billion in new aircraft and US$ 30 billion in development of airport
infrastructure.

Given the tumultuous scenario in India's neighborhood, where virtually every

neighboring country is falling prey to elements inimical to Indian interests, the
opening up of aviation sector and involvement of foreign elements would provide
a great opportunity to criminals. At a time where a number of civil contracts are
being executed with a sense of urgency, there is every possibility for criminals to
plant themselves as contractual labour and indulge in acts of sabotage and
hence there is a need felt for a higher vigil against "Unlawful interference". While
this is the situation on ground, there is much more happening in the air, under the
garb of liberalization that needs special attention.

Globalisation of Indian aviation- A case for higher vigilance and

more security

Fifth Freedom Rights. In May 2006, India has sent out detailed letters outlining
the offer to all SAARC members except Pakistan extending "fifth freedom" rights
for flights operating within the region. This means a SAARC airliner can stopover
in India, pick up passengers and fly to another SAARC country. The offer is in
line with what was agreed upon with Sri Lanka in 2003 and offered to ASEAN

9
countries. While the offer of a liberal skies arrangement was made by PM at the
Dhaka SAARC summit in November 2005 10 , India has gone a step ahead in
willing extend fifth freedom rights within the region. Given that most flights within
the region have to cross Indian airspace, fifth freedom rights will allow airlines of
neighboring countries to make a stopover in India while operating to other
countries in the region.

Asian Open skies Policy. In January 2007, Prime Minister Manmohan singh
took forward India's "Look East" policy when he spoke at Cebu, Phillippines, of
a regional "open skies" arrangement that could boost easier flights- and thus
trade across the populous continent which has emerged as a global economic
force in this century 11 • The Open-sky policy came in April 1990. The policy
allowed air taxi- operators to operate flights from any airport, both on .a charter
and a non charter basis and to decide their own flight schedules, cargo and
passenger fares. In 1990, the private air taxi-operators carried 15,000
passengers. This number increased to 4.1 lakh in 1992, 29.2 lakh in 1993, 36
lakh in 1994 and 48.9 lakh in 1995. (Source: The Hindu, 23 October 2003) In
1996, private air taxi operators carried 49.08 lakh passengers which amounted
to a 41.14 per cent share in the domestic air passenger traffic. Thus, in the first
five to six years of the Open Sky policy, more than 40% of the domestic air
traffic was carried by private air taxi operators, which only increased in the later
years.

Conclusion of a research study conducted by Airnetz Research lnstitute 12 ,

released in AprD 2009 states - with reduction in hourly charter prices, cheaper
private aircrafts, corporate audience shifting towards private jets and current data
from DGCA, Airnetz research estimates that by 2014, it will cost just the same to
travel in your private plane and a commercial schedule airline. That will also
equal the number of passengers traveling by private planes and schedule
airlines.

10
Some other starting disclosures of the research, a copy of which is placed as
Appendix A, are:

o Non-scheduled operators in the country increased 50% to 99 in 2008 from

66 in 2007.
o Private Aircrafts in the country increased 22% to 275 in 2008 from 220 in
2007.
o Passengers carried by non-schedule operators increased nearly 70% to
604,368 in 2008 from 355,511 in 2007.
o · Percentage of passengers carried by non-schedule operators as to
schedule airline carriers increased to 1.5% in 2008 from 0.9% in 2007.
o Airnetz Research also estimates that by 2014, cost of flying in private air
taxi will equal the cost of traveling in schedule commercial airline.
o Airnetz Research estimates as per current market growth rates, that by
2019, passengers traveling in air taxi will grow to 128.44 million as
compared to 114.29 million in schedule commercial airlines
o It is estimated that private air taxi industry by 2019 will grow to a
mammoth Rs. 40,000 crore from a modest size of Rs. 760 crores in 2008.

Air Service Agreement: Signing of a new Air Services Agreement is first

milestone to achieve the purpose of establishing air connectivity with new
countries. During the recent past, a number of new Air Services Agreements
were initiated/signed based on modern practices in civil aviation sector. Air
Services Agreement with some countries were signed way back and needed
updating in view of the changing circumstances and developments in
international civil aviation scenario, and with respect to newer standard and
recommended practices. Some of these countries are USA, UK, Australia, Brazil,
New Zealand, Iceland, Finland, Tunisia and Qatar.

The India-US aviation market has registered significant growth under the new
revised Air Services Agreement signed between the two countries in 2005.
Similarly traffic rights were enhanced with various other countries in order to
enable greater connectivity to/from India. These countries included Australia, UK,

11
 Germany, China, France, Netherlands, Belgium, Canada, Singapore, Mauritius,
New Zealand, UAE, Thailand, Italy, Russia, Taiwan, Finland, Maldives, Tanzania,
Japan, Sri Lanka, UAE (Sharjah, Dubai & Abu Dhabi), Kuwait, Italy, Japan,
Spain, Oman, and Scandinavian countries, Egypt, Qatar, Jordan, Uzbekistan and
i
Malaysia etc. This would not only lead to more flights and better connectivity from
these countries to India but also provide more commercial opportunities to all
. operating carriers.

Demand for additional pilots: To meet the growing demand of pilots, the
government has tied up with leading Canadian aviation firm, Canadian Aviation
Electronics (CAE) Inc, to set up a flight~training institute at Gondia in
Maharashtra, and to manage operations at Indira Gandhi Rashtriya Udaan
Academy (IGRUA) in Rae Bareilly.

Foreign crew members: Foreign pilots and cabin crew are increasingly _
becoming a part of India's aviation industry and are poised to outnumber their
Indian counterparts. This is largely due to burgeoning demand for pilots. An
aircraft like Boeing 777-200 LR would need about 11 pilots for optimum aircraft
utilization, while a four-seater Cessna 172 could do with two pilots. In 2004, 60
aircraft were registered in India and 159 licenses were issued whereas in 2005,
162 pilot licenses were issued against 99 aircraft registered 13 . India will need
nearly 1500~2000 aircraft in the next 10 years 14 and it is estimated that there
would a requirement of 2500 pilots in the next few years. Going by the present
trend it is estimated that by 2011, foreign pilots would be a majority in many
airlines and all start-up carriers would have to depend on foreign crews.

Dealing with Unlawful Interference

.... International Civil Aviation Organization (ICAO), is the specialized agency of the
United Nations, created in 1947 with headquarters at Montreal. The objectives of
ICAO, which has 190 member nations, is to encourage the orderly growth of
international civil aviation, establish uniform standards for aircraft markings,

12
airworthiness, licensing of pilots and lay down guidelines for aviation security and
safety.

ICAO has specified Standards and Recommended practices against acts of

unlawful interference. These are listed in Annex 17 to the convention. The
Security Manual for Safeguarding Civil Aviation against Acts of Unlawful
Interference (Doc 8973) provides detailed procedures and guidance on aspects
of aviation security. It is intended to assist States in the implementation of their
respective National Aviation Security Programme (NASP) as mandated in the
Annexes to the Convention on International Civil Aviation. Technical Instructions
for the safe Transport of Dangerous Goods by Air (Document 9284) deals with
the subject of action to be taken by States to prevent unlawful interference.

As specified by these Documents and Manuals, India has a mechanism in place

to deal with Acts of unlawful interference. Given the fact that Indian aviation has
not been subjected to many acts of unlawful interference, the available
mechanism seems to be serving the purpose adequately. But that can only be a
superficial observation. Past cannot be indicative of future. A reasonable
performance in the past cannot guarantee security of aviation in future. A
detailed study is essential to express an opinion conclusively in favor of the
existing system. Events that led to 9/11 indicate that a single act of Unlawful
interference can cause phenomenal damage to a nation's psyche, however
powerful and large the country may be. Repercussions of IC814 Hijack stand
testimony to the fact that one act of unlawful interference has the potential to
change the course of history. Therefore the aim of every country should be to
develop a system which is foolproof and impregnable. A system that guarantees
security to each aviator, passenger, and staff involved with aviation besides the
huge infrastructure and property.

13
Research Objectives

Main objectives of the scholar in conducting this research are:

(a) Examine whether the existing system of civil aviation security in

India is in conformity with international norms, particularly the
guidelines contained in the following:

(i) Annex 17 to the convention of ICAO.

(ii) Technical Instructions for the safe Transport of Dangerous

Goods by Air (Document 9284)

(iii) Security Manual for Safeguarding Civil Aviation against Acts

of Unlawful Interference (Doc 8973).

(b) Study the organization and functional aspects of BCAS which is the
regulatory authority for civil aviation security in India.

(c) Study the organization and functional aspects of CISF and

comment upon the adequacy in terms of resources and training to
handle physical security at airports.

(d) Study the job profile of Air Traffic Controllers and comment upon
their competency in dealing with "hijack situations" besides
examining the availability of Human and Technical resources at
their disposal to take appropriate action.

(e) Study the Acts pertaining to aviation security, particularly the Anti-
hijack Act 1982 and comment upon their relevance and adequacy
in tackling aviation security in the present day scenario.

14
 (f) Compare the civil aviation security apparatus of certain advanced
countries.

(g) Collect data pertaining to the hypotheses advanced and validate

them accurately.

(h) Suggest a model capable of providing seamless security and

delivering highest level of security to passengers and aviators at all
airports of the country.

Scope of the Study

The Time ElemenUPeriod of the Study. The catastrophe that resulted from an
unusual event of a hijacked aircraft being used as missile, vastly re-defined the
pre-requisites of civil aviation security world over. Motive of this study by the
scholar is driven by the need felt to examine the Indian aviation security scenario
subsequent to 9/11. Hence the period considered for the study is the new
millennium commencing 2001 to as recent a time as data availability would
permit. The cut-off month and year is June 2009 after which a few events were
deliberately ignored. For the purpose of connectivity, events which occurred a
few decades earlier have also been taken into account if they were found
pertinent to the current study.

Space/Area of Study. The laws, procedures and policies pertaining to the civil
aviation security are applicable to all aircraft operating in the Indian airports and
over the Indian air space. Hence the study is limited to the civil and military
airports of the country but includes all the airspace available for use by civil
aviation, which includes certain portion of the restricted airspace held by the IAF.

15
Identification of the Research Problem

Security in air depends to a great extent on the security on the ground. In other
words, if the airports are made safe, aviation becomes much safer. Every Hijack
in history till date has been a result of a lapse of security on ground. Thus the aim
should be to achieve foolproof security in airports, to rule out misadventures in
air. But this is not as simple as it appears to be. Even airports in advanced
countries that use high-end technology for security purposes have not achieved
that absolute state of security. India is far behind in this respect.

The individual who attempts to penetrate the security cordon with an aim to
indulge in activities of unlawful interference is driven by a passion to achieve
even at the cost of one's life. On the other hand, those in-charge of guarding the
airport are guided by their motive to perform their duty. While the former, in all
probability is on a mission of his lifetime, the latter is mechanically going through
the motions of his routine task. Therein lays the difference and the reason why
on most occasions criminals get better of the system. Hence there is the need to
develop a system that shall not fail.

In 1990, in the wake of the Pan Am flight 103 explosions over Lockerbie,
Scotland, a Presidential Commission on Aviation Security and Terrorism was
ordered by President Bush (sr). It concluded its report thus 15- "The U.S. Civil
aviation security system is seriously flawed and has failed to provide the proper
level of protection for the traveling public. This system needs major reform.
Rhetoric is no substitute for effective action". Despite this strong wake up call,
events that led to 9/11 could not be averted. It needs to be recognized that every
attempt of Unlawful Interference is a result of keen observation, careful planning
and dedicated execution. Each new development is countered by an effort to
discover a loophole. Since no system can be completely foolproof for ever, there
is a need to constantly upgrade the security apparatus and achieve maximum
possible security at all times. Most of the measures adopted by the security
agencies- be it increased frisking, imposition of restriction on carriage of goods,

16
 or deployment of air marshals, have been reactive in nature and rarely pro-
active. Need of the hour is to think ahead of time, review procedures frequently
and keep the saboteurs guessing.

Documents of ICAO provide guidelines and policies on the establishment of a

minimum level of aviation security in a country. However, the means of achieving
them and designing the requisite procedures are entirely delegated to the state.
While the general guidelines are outlined by ICAO, specifics of security are
delegated to the state. While Indian system of security is more manual in nature,
the system adopted by advanced nations is more technological -in some cases
completely automated. Neither has been found to be foolproof. While the manual
system has the risk of failure over a period of time due to lack of consistency and
tendency to relax, the automated system has a risk of instant failure due to
technical malfunction which can be induced by some careful planning and
technical expertise. Hence there is a need to conceive a system that has an·
optimum mix of automated and manual elements; a system that provides a back
up and caters for all contingencies. Aim of the researcher is to put such a system
in.place, in all the lnd.ian airports.

Security at airports in India is being provided by two agencies viz., Bureau of Civil
Aviation Security (BCAS) and Central Industrial Security Force (CISF) in
combination. BCAS .is the regulatory authority for civil aviation security
while CISF is a Paramilitary organization that has been entrusted with
the daunting task of providing physical security. Laying down Aviation
Security Standards in accordance with Annex 17 to Chicago
Convention of ICAO is the responsibility of BCAS whereas the aspects
of Perimeter Security, Access Control, Terminal Building Security, Apron
Security, Surveillance and -Passenger handling are being handled by CISF.
Physical security at ·airports was being handled by the state police until 2000.
CISF has been entrusted with this responsibility after the Kandhahar hijack
incident. It needs to be appreciated that CISF was_ primarily created to provide
;
i' industrial security in general. It is not as a specialized force created to handle
i
aviation security. Indian Railways have an exclusive security force called the
17
 Railway Protection Force (RPF), members of which are specially trained and
managed by railways. Security of civil aviation is more complex and demanding
but managed by security personnel who are generalists guarding a variety of
installations and monuments of which airports form a part. Though the roles of
BCAS and CISF, two mutually exclusive independent organizations employed in
civil aviation security are defined, some extent of overlap and confusion is
inevitable.

Then there is a third organization -the Indian Air Force, which also has a limited
stake in civil aviation security. Some joint user aerodromes such as Pune,
Jammu, Sri nagar and Gwalior are primarily IAF aerodromes. The infrastructure is
largely IAF and hence a tier of security is provided by the IAF. Such an
arrangement would demand a high degree of co-ordination among the security
agencies, IAF and operators.

While security on ground is being shared by BCAS, CISF, IAF and State police,
security in air is entirely the responsibility of IAF. Security in air in this context
would mean thwarting of any act of Unlawful Interference or misadventure in the
air that could result in a hijack or a situation similar to 9/11 wherein attempts are
made to use aircrafts as missiles against national monuments. In such situations,
a great deal depends on the vigil of ground forces comprising radars of both IAF
and Air Ports Authorrty of India. So while the ultimate responsibility to prevent
such attempts in air rests with IAF, plenty of support from other agencies in terms
of input from sensors on the ground is essential. This requires a high level of co-
ordination among the Air traffic Controllers of AAI, Air Traffic Controllers of IAF
and Air Defence Controllers of IAF.

At the ground level, security is a collective responsibility shared by DGCA,

BCAS, CISF,IAF and AAI. Further, the Central and State agencies have a role to
. play in intelligence sharing. In the event of a hijack, NSG is called upon to save
the lives of captors. Special task force of NSG which handles such situations
draws its members, the specially trained commandoes, from the Indian Army and
other Para-military forces. Involvement of multiple agencies viz., airline

18
operators, service providers, private vendors, BCAS, CISF, Police, Intelligence
agencies and the passengers within a small area of enclosed space at the airport
demands highest co-ordination and understanding, making aviation security a
complex issue.

Creating a seamless aviation security mechanism which provides ease of

movement combined with highest level of security is a formidable task. Hence it
is important to study in detail the limitations among multiple agencies providing
aviation security in India, for the purpose of evolving a simpler, passenger-
friendly and foolproof model of civil aviation security.

THE THEORY STATEMENT

The present system of civil aviation security in India is too complex but less
effective to deal with Unlawful Interference.

RESEARCH HYPOTHESES

The following four hypotheses were considered suitable for evaluating the
efficacy of various organizations dealing with unlawful interference.

Null Hypothesis (Hol The existing mechanism to deal with acts of

unlawful interference in India is foolproof and there is NO need to make
any changes in the existing policies and procedures.

Alternate Hypothesis CAHl The existing mechanism to deal with acts of

unlawful interference needs to be revamped.

Complementary Hypothesis 1 (H1 l The security personnel of BCAS and

CISF lack adequate training and resources.

19
 Complementary Hypothesis IH2l Air Traffic Controllers of Airports
Authority of India (AAI) and Indian Air Force (IAF), who jointly exercise
control over country's airspace, are inadequately trained and not provided
with necessary resources to deal with unlawful interference.

Complementary Hypothesis (H3) Passengers in India who use air

transport frequently (frequent fliers) lack awareness about the existing
aviation security mechanism in India dealing with Unlawful Interference
and perceive it as complex machinery.

Research Design

This research work was designed to be diagnostic and explanatory in nature. The
plan followed for collection of data is shown in table 2

Table No.2 Research Design

SI.No. Information needed Sources Method of data

collection
1. Types of airports in India Published sources, Reading, Browsing
and passenger handling Internet
capacity
2. ICAO guidelines to deal ICAO documents, Examination, reading
with unlawful Annexes, and
interference publications
3. Air Traffic Control and Annexe 11, AlP India Reading and Interview
Pilot procedures to deal and Pilot notes of AT COs and Pilots
with unlawful

. interference
4. BCAS organization and Published sources Reading, Browsing and
. functioning and Internet Interview with personnel
ofBCAS

20
5. CISF organization and Published sources Reading, Browsing and
functioning and Internet Interview with personnel
of BCAS
6. Laws, policies and Published sources, Examination, reading
Procedures dealing with government papers
acts of hijack and Newspapers
7. Civil Aviation Security in Journals, Books and Reading and browsing
advanced nations Internet
8. Passenger opinion Publications and Reading and
regarding provision of opinion of Questionnaire
protection passengers
9 Diagnostic and Expert opinions and Questionnaire, Surveys
Remedial measures publications
10. Hypotheses related Expert opinions and Questionnaire, Surveys
infonnation publications

Sampling Design

Collection of Data Related to Hypotheses The researcher had met a

number of officials from CSIF, BCAS, Airport Authority of India (AAI), Indian Air
Force (IAF) and other leading Commercial Airliners to seek their views on a
variety of issues concerning unlawful interference directly or indirectly. In the
process a great deal of valuable information was gathered which surely helped
the researcher to interpret and analyze. However, all of it could not be objectively
used to evaluate the hypotheses. Hence three sets of questionnaires, placed as
Annexures Q1, Q2 and Q3 to this thesis, were designed to collect primary data
directly related to the hypotheses, with the following objectives in mind.

(a) Questionnaire 1 Admin.istered among the security personnel of

BCAS and CISF to ascertain their suitability in terms of Training
besides availability of human and physical resources to undertake
the task of providing aviation security in India.

21
 (b) Questionnaire 2 Administered among the Air Traffic Controllers of
AAI and IAF to ascertain the adequacy of Training and
Communication, besides availability of Human Resources in
dealing with unlawful interference.

(c) Questionnaire 3 Administered among some frequent flyers to

ascertain the passenger's perspective and level of awareness in
security related issues and norms.

Since the employees of BCAS, CISF, AAI and IAF are employed in varying
tenures at all perceivable corners of the country, it was opinioned that their
responses would be holistic in view though posted to a particular station at the
time of responding to the questionnaire. Fifty personnel of BCAS and CISF
stationed at Chennai airport were administered Questionnaire I. Questionnaire II
was administered randomly to people working in different stations of the country
while Questionnaire Ill was administered among frequent fliers located at varied
locations. Since the target population corresponding to the questionnaires were
clearly identified, it was easy to decide on the size. A sample size of 50
respondents in respect of Questionnaires I and II, and a size of 100 in respect of
Questionnaire Ill were found adequate.

Convenience sampling was the method of sampling used. The questions were
kept simple but specific so that the overall response was obliging but definitive.
Questions were placed on a Likert Scale which is a psychometric scale
commonly used in questionnaires, and is the most widely used scale in survey
research. A Likert item is simply a statement which the respondent is asked to
evaluate according to any kind of subjective or objective criteria. In the
. questionnaires used here, level of agreement (or disagreement) with the
statement is measured on a scale of 1 to 3. Least preferable situation is depicted
by choice 1 and the most desirable situation by choice 3. A simple rating system
with ONE mark for each affirmative response was awarded and negative marking
was purposely avoided. No complicated statistical tool was considered
22
necessary. Percentage of respondents to each choice was calculated and data
was analyzed as explained later under the chapter "Data Analysis and
Interpretation".

Hypothesis-matching and Rating Each questionnaire is designed to evaluate

one Complementary Hypothesis as given below:

• Questionnaire 1 to evaluate CH1

• Questionnaire 2 to evaluate CH2
• Questionnaire 3 to evaluate CH3

A set of questions from each questionnaire were identified to represent three

critical attributes which are vital to the issue in question. For example, question
numbers 1, 3, 7, 10 and 12 of questionnaire 1 reveal the adequacy of training
among the security personnel of BCAS and CISF. Similarly question numbers 2,
5,8, 11 and 15 of questionnaire 3 reveal the level of passenger awareness about
security related issues. The score- in terms of total responses to each choice,
expressed as percentages, set the ground for data interpretation and analysis.
For easier inference, a system of colour code is used in the bar diagrams as
described in the chapter "Data Analysis and Interpretation". The hypothesis is
evaluated in four stages as described later in the same chapter.

Model Building

Based on the facts which emerged during the research work a working model is
proposed which is suitable for espousal at all airports of the country

LITERATURE SURVEY

All records and data pertaining to this research has been drawn from a variety of
published sources. While most of it has been taken from b,ooks and journals, rest
has been collected from the World Wide Web.
23
 Primary sources - ICAO Documents

Annex 17 This is the "Bible" to deal with unlawful interference. The

convention on ICAO has eighteen annexes dealing with a variety of subjects
pertaining to Civil Aviation. These include Aircraft operations, Airworthiness, Air
Traffic Control, Personal licensing, and Safety/Security. Out of the eighteen
annexes published, Annex 17 deals with "Safeguarding International Civil
Aviation against Acts of Unlawful Interference". This Annex sets out the basis
for the ICAO civil aviation security programme and seeks to safeguard civil
aviation and its facimies against acts of unlawful interference. Annex 17 is
primarily concerned with administrative and co-ordination aspects, as well as with
technical measures for the protection of the security of international air transport,
requiring each contracting state to establish its own civil aviation security
programme with such additional security measures as may be proposed by other
appropriate bodies.

- '
Doc 8973: The Security Manual for Safeguarding Civil Aviation Against Acts of
Unlawful Interference (Restricted) contains guidance material on the
interpretation and implementation of the Supplementary and Regional
Procedures found in Annex 17. The Guidelines of BCAS pertaining to unlawful
interference in India is based on this document.
Doc 9284: International Civil Aviation Organization Technical Instructions for the
Safe Transport of Dangerous Goods by Air. Published in the form of Technical
Instructions the document lists in detail the type of goods that are permitted on
board an aircraft. The document dwells at length regarding the prohibited items,
exceptions, passenger provisions and also the type of packaging that is
permissible .
...

24
Secondary Sources-Books and Journals on Aviation Security

Aviation Terrorism and Security (Cass Series on Political Violence) Authored by

Brian Jerkins, and published by Rutledge publishing house, 1 edition (March 1,
1999) the contributors examine threats and vulnerabilities in the light of
developments in aviation security and consider the prospects for strengthening
the response at national and international levels.

IC814 HIJACKED! THE INSIDE STORY Authored by FLT ENGR ANIL

K.JAGGIA and Published by LOTUS COLLECTION, ROLl BOOKS, INDIA the
narrative style that focuses on facts and not adjectives is very informative. The
indecision, the slowness, the confusion, the anger, and the absolutely untrained
approach to the whole crisis is brought out well by the author.

Unsafe at Any Altitude: Exposing the Illusion of Aviation Security Authored by

Susan B. Trento and Joseph J. Trento book is published by Steerforth (June 5,
2007). In this groundbreaking work of investigative journalism, authors go beyond
US airports and penetrate the government to evaluate the working of
Transportation Security Administration which is concluded as remarkably inept,
and reveals the lengths to which U.S. air carriers and their lobbyists have gone to
ensure that serious airline security has not been instituted in USA. The authors
also discuss the security failures along a continuum that led directly to 9/11, the
hijackings of passenger jets to Cuba decades ago, Hezbollah's bombing of the
U.S. Marine barracks in Beirut, its hijacking of TWA Flight 847, and the Pan Am
Flight 103 Lockerbie tragedy.

Commercial Aviation Safety Authored by Alexander T. Wells and Clarence C.

Rodrigues. The book is published by McGraw-Hill Professional; 4th edition
(January 9, 2004). The book presents a thorough review of principles and
regulatory practices of commercial aviation safety in U.S. The book provides a
good insight to today's ground and air security concerns, changes in systems
and regulations, and new maintenance and flight technologies.

Homeland Security Authored by Mark Sauter and James Carafano, published by

McGraw-Hill; 1 edition (April 20, 2005),. From complex policy issues to common
25
 terrorist tactics, Homeland Security provides a practical foundation. It covers the
basics of homeland security such as national strategies and principles, federal,
state and local roles, terrorist history and tactics; cyber-terrorism, business
preparedness, critical infrastructure protection, weapons of mass destruction,
.A,
and key policy issues.

How Safe Are Our Skies?: Assessing the Airlines' Response to Terrorism
Authored by Rodney Wallis and published by Praeger Publishers (February 28,
2003), the book provides good air security advice to travelers and includes wake-
up calls for security practitioners and governments. Author takes the US airline
industry to task for putting profit ahead of public safety. According to the author,
unlike the U.S., the Europeans have invested in the requisite security technology.
Author assesses civil air transport's vulnerability to airborne terrorism in general
and that of the U.S. in particular post September 11.

Frontline Magazine (Jan 08-21 2000) Cover story "Bowing to Terrorism"

describes in detail, the events that led to the release of five hijackers and three
terrorists who were released following the hijack of IC 814. Inaction of the
decision making bodies, slow response of the security agencies and
susceptibility of country's civil aviation to acts of Unlawful Interference are clearly
exposed.

Secondary Sources-World Wide Web

Documents Referenced in 9/11 Commission Report National Security Archive

Electronic Briefing Book No. 165 and the FAA documents, which are referenced
extensively in Chapter 1 of the 9/11 Commission Report, provide detail on the
report's chronology of the hijackings and its overall observation that the FAA was
woefully unprepared and disorderly in its response to the attack. These
documents contain minute-by-minute accounts of unfolding events as
experienced by FAA officials, including radar reports and extensive chronologies
tracking the larger U.S. government response to the attacks from September .into
late October 2001.

26
Reports from: General Accounting Office Reports & Testimony (GA0-04-285T
November 20, 2003). Since the tragic attacks of September 11, 2001, substantial
changes have been made to enhance security--including the creation of the
Transportation Security Administration (TSA) and the federalization of the
passenger screener workforce. However, despite these changes, vulnerabilities
in aviation security continue to exist. Accordingly, GAO was asked to describe
TSA's efforts measure the effectiveness of its aviation security initiatives and
strengthen its passenger screening program among other things. Reports on
various issues throw good light on the deficiencies of the system.

Travel Security Update March 2005.(Covenant Aviation Security): An article from:

Air guide Online. This digital document is an article from Air guide Online,
published by Pyramid Media Group, Inc on March 30, 2005. The article describes
how Lockheed Martin has partnered with Covenant Aviation Security to compete
for baggage screening contracts. The article dwells upon the pros and cons of
allowing airports to outsource baggage screening to private contractors by
Transportation Security Administration.

Airport security lax? (federal Aviation Administration): This digital document is an

article from Security Management, published by American Society for Industrial
Security on February 1, 1994. It explains how unauthorized personnel had
entered secured locations 15 out of 20 times in airports which have high terrorist
activity threats. The Dept of Transportation (DOT) blamed the Federal Aviation
Administration (FAA) for inadequate access control, but the FAA claims
exaggeration in the reports. DOT auditors conducting inspections were able to
enter restricted areas without being challenged by authorities. Many personnel in
various airports were also observed to lack proper identification. Though the
article is old, it educates the professionals on the need to have frequent
simulations and review security measures from time to time.

Safer skies? Aviation security remains under scrutiny. (HOMELAND DEFENSE) :

An article from: National Defense, this digital document is an article is published
by Thomson Gale on April 1, 2006. Aviation security measures adopted since
9/11 have not significantly made passengers safer or have been cost effective,
27
experts contend. They also noted that many weaknesses in the previous system
remain, despite billions of dollars being spent to enhance air safety.

Flight risks. (General Accounting Office reports and the Federal Aviation
Administration): An article from published by American Society for Industrial
Security on December 1, 1996, this article holds some lessons for aviation
security of all countries. The General Accounting Office (GAO) issued two reports
in connection with the airplane crashes late in 1996. One report states that GAO
and two other agencies submitted to the Federal Aviation Administration (FAA),
256 safety recommendations in 1991-1994. However, only over 1/3 were
implemented by 1995. Thus the article highlights the lack of understanding,
sincerity, urgency and above all the insensitivity of administrators to expert
opinion.

Other Secondary Sources

A number of news paper editorials, news reports, CD ROMs and other published
information were made use of during the course of research. However, one CD
published by Progressive Management (April 23, 2006) merits a special mention.
This book-on-a-disc format makes a great reference work and educational tool.
The Disc contains TSA Information for Travelers and Consumers, Law and
Policy, Security and Law Enforcement, TSA Screeners, TMSARM Vulnerability
Self Assessment Tool, Explosives Detection Canine Teams, Human Resources
Policies and Directives, Aviation and Transportation Security Act (ATSA) which
established the TSA, Transportation Security laws and regulations.

Research Gap

Besides the official publications of ICAO, most of the literature on aviation

security was written and published as a consequence of a major misadventure in
the form of enquiry reports and analysis. Academic research on the subject is
scarce. Particularly in developing countries like India research on aviation
security is almost non-existent as it lacks academic recognition.

28
ICAO documents such as Annex 17 and Doc 9284 and Doc 8973 are guidelines
which are often accepted as gospels. This can sometimes lead to a disadvantage
of not doing enough research to improvise, devise and establish a
comprehensive system of aviation security, custom-made to meet the needs of
the nation. This is valid particularly in the case of developing countries such as
India, where aviation as an industry is not as high-flying as in advanced
countries. Hence very little has been written on the subject.

The studies pertaining to aviation security in India have been largely

compartmentalized. In the past, efforts have been made to study and improve a
particular organization such as the BCAS or CISF. Not much has been studied
and published on comprehensive aviation security with particular reference to
unlawful Interference. One of the main purposes of this thesis is to propose a
contemporary model that meets the challenges posed by growth of civil aviation
in India.

Limitations of the Research Work

Though guidelines of ICAO are freely available, the means and measures
adopted by the security agencies are not published. Most of the policies
pertaining to national security are considered "classified" and hence not
accessible. Matters pertaining to aviation security that are discussed in the
Cabinet Committee on Security (CCS) or National Security Council (NSC)
meetings are not published and hence not available for reference. Absence of
such information is a major limitation.

Most security issues are handled by senior police officers. Lack of professionals
with combined expertise on aviation procedures as well as security issues is
another limitation.

During the course of research, a number of high-level officials from the IAF, AAI,
BCAS and CISF were interviewed who refused to grant permission for recording
the same. Some of the issues were discussed only after assurance that
anonymity would be maintained and further they would not be quoted. Such
29
issues could not be deliberated upon in the research paper. Lack of adequate
investigative research work on the subject, previously in India, has posed the
biggest limitation.

Though studies have been conducted in the past pertaining to isolated

parameters of civil aviation security, no comprehensive study encompassing all
the parameters on ground and air have been found for reference.

Overview of Chapters

In the next few chapters, aviation Security in India with particular reference to
unlawful interference would be evaluated in the light of ICAO recommendations,
National Aviation Security plan and its effectiveness. The thesis is organized into
the subsequent five chapters:

II ICAO mandate on Unlawful Interference and the Indian Position: This

chapter contains the ICAO guidelines to deal with unlawful interference. Relevant
provisions listed in Annex 17- Safeguarding International Civil Aviation Against
Acts of Unlawful Interference, Document 8973- Security Manual For
Safeguarding Civil Aviation Acts Of Unlawful Interference and Doc 9284-
Technical Instructions For The Safe Transport Of Dangerous Goods By Air, are
discussed in detail. The chapter also looks at the Indian position in regard to
ICAO recommendations particularly in the light of the New Draft Civil Aviation
Policy framed by the government of India besides explaining broadly, the
regulation of civil aviation in India.

Ill Security of Airports and Air Space in India: The chapter contains
information on the basic types of airside layout across Indian airports and the
measures and controls adopted procedurally and technically to counter acts of
unlawful interference. The organization and role of BCAS and CISF, faculties
available and their training programmes are discussed in detail to evaluate their
effectiveness in dealing with unlawful interference. The mechanism established

30
by the IAF to deal with hijacked aircraft is also explained to the extent that
restrictions on disclosure of information would permit.

IV Case studies in unlawful Interference: Past events are an excellent

source of information and are immensely beneficial in drawing the right lessons.
This chapter contains statistical information on events pertaining to unlawful
interference besides a detailed analysis of events that lead to the hijack of IC 814
in India (in June 1999) and the catastrophe of 9/11 which exposed the possibility
of commercial aircraft being used as missiles against monuments of national and
commercial significance. The lessons drawn from these events are significant in
developing a better model of aviation security for India.

V Data Analysis and Interpretation: The chapter describes in detail the

method of data col~ction. Analysis of the collected data and subsequent
interpretation in the light of proposed hypotheses are contained in this chapter.

VI Contemporary model of Aviation Security for India (Applying

Lessons from US and Israel) : Major findings and summary of the main
observations are listed in this chapter before proposing a better model of aviation
security that best suits the Indian scenario. Civil Aviation Security Mechanism of
certain advanced countries such as US, UK and Israel are compared in order to
adopt the best policies and suggest a seamless model for India.

31
End Notes
1
As defined in Annex 17-Security to the convention of ICAO
2
http://www. tcil.com/ca.asp accessed on 15 MAY 2008
3
Global Air Traffic Forecasts 2010, Aviatin Centre for Excellence (ACEXC) India, P.1
4
Aviation Outlook 2008, Centre of Asia Pacific Aviation, Sydney, Australia
5
http://civilaviation.nic.inlaailairport.htm#EXISTING
6
Annual Report 2007-08, Ministry of Civil Aviation, p.45
7
Social Impact of Globalising Transport Services, a paper by Prof Arpita Mukherjee, Indian
Council for Research on International Economic Relations, New Delhi, May 09, p 7.
' http://www.ibef.orglindustrylaviation.aspx dated 27 Jun 09
9
ibid
10
India Tells Neighbours -we are opening SAARC skies Pranab Dhal Samanta, Indian Express,
May06
11
Government Backs Asian Open Skies Regime Prerna Mishra, Hindustan Times, 15 Jan 07
12
Airnetz Research is a aviation research division of airnetz focused on private air taxi market.
AIRETZ Aviation Pvt. Ltd. is a pioneer in online marketplace and GDSsystem for fastest growing
private jet, helicopter and turbo prop charter services company based in Mumbai with a fieet
network of more than 200 aircrafts in India and over 1500 aircrafts worldwide.
13
Expat pilots pose may problems V Manju, Hindustan Times, Delhi, 6 Dec 2006
14
Soaring India will need 1500 aircraft in 10 years, Ranju sarkar, Hindustan Times, 9 Feb 07
15
Cited in Aviation Insecurity Andrew R Thomas Prometheus Books, New York 2003, p49.

32