The Anti-Hijacking Act is intended to enforce The Hague Hijacking Convention and Beijing Protocol Supplementary to the Convention2010.
The Act repeals and replaces The Anti-Hijacking Act, 1982 and broadens the definition of hijacking to include any attempt to seize or gain control of an aircraft using “any technological means”, which accounts for the possibility that the hijackers may not be physically present on board the aircraft.
The new legislation has universal jurisdiction, which includes inter-alia, if the hijacker is Indian, or if the hijacked aircraft is registered in India or if any foreign registered aircraft lands in India with the alleged offender still on board or when the aircraft is hijacked anywhere in the world and an Indian citizen is on board.
The Act goes a step forward by even defining the term ‘in service’. An aircraft is considered in service from the beginning of the pre-flight preparation by ground personnel or by the crew for a specific flight until 24 hours after landing.
Issues with this Act
The Act excludes the aircrafts that is used in customs or police service.
It would have helped if there was also a provision to cover ‘hoax calls’ with proportionate punishment.
The terms ‘hostage’ and ‘security personnel’ have not been defined in the act.
The act also does not protect ground staff and security personnel at the airport.
The act should also have considered providing extra-territorial status or immunity from jurisdiction for the benefit of the passengers and the crew in the state to which an aircraft may be hijacked.
Possible Improvements
The terms included in the Act must be clearly defined. The Act must include the hoax calls punishments and marks the clear jurisdictions of operation even in extra territorial cases. For the long term appreciation the act should include the ground staff services in the hijacking etc.
