In the recent past there have been a few incidents of the illegal flying of Drones or unmanned aerial vehicles (UAVs) in India. In one of the incidents, an Air India flight narrowly missed a drone while landing at Delhi. It calls for an urgent need for regulating drones in India.

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Drones as weapons 

Drones have been defined as: “Powered, aerial vehicles that do not carry a human operator, use aerodynamic forces to provide vehicle lift, can fly autonomously or be piloted remotely, can be expendable or recoverable, and can carry a lethal or nonlethal payload.” They are seen as major force multipliers for surveillance and real time imagery, data transfer and fire lethal weapons at targets. They are considered a cost-effective weapon system with no risk to operators. Thus, they are being portrayed as weapons of future warfare, with some 100 countries in the process of acquiring them. 

Besides manufacturing drones, India has procured lethal drones from Israel and is in the process of acquiring US Predator (or MQ-9B Guardian) naval drones. Predators are high-altitude, long-endurance drones capable of flying non-stop for over 27 hours for intelligence, surveillance and reconnaissance missions. Drones are being used by the Indian police and paramilitary forces to enhance aerial surveillance during anti-insurgency operations. In April 2015, the police successfully tested drones for the dispersal of pepper spray in Lucknow. These drones have a high resolution camera, can carry 2 kg of a riot-control agent, fly within a radius of one kilometre of the operator.

Civilian use of drones

There is a huge potential for the civilian use of drones in India in such fields as agriculture, environmental conservation, disaster mitigation, power-line inspection; fire services, forest management; fisheries; gas and oil supply; meteorological services; control of illegal mining; aerial photography; water course and level monitoring; flood control and wildlife monitoring. Drones can also be used to support search and rescue operations and conduct damage assessments in the aftermath of natural disasters. BioCarbon Engineering (UK) have developed drones that can identify ideal places to grow trees and sow germinated seeds. The system can be used to sow one billion plants every year to combat desertification. However, before hobbyist or private actors are allowed to fly drones in our air space, it is necessary to have a system for regulating drones.

Regulating drones 

In October 2014, the Directorate General of Civil Aviation (DGCA), issued a public notice forbidding any nongovernment agency, organization, or individual from launching a drone in Indian civil space for any purpose whatsoever.

In 2016, it issued draft guidelines for obtaining the unique identification numbers of citizens wishing to use drones in the public domain. Various restrictions have been proposed to ensure that drones are used only for valid purposes and there would be “No Drone Zones”. Children may be allowed to fly small drones (less than 250 grams) without any registration or licence. Recently, the Ministry of Home has circulated a draft law to regulate the use of low-flying objects for inter-ministerial consultations. However, the DGCA is of view that the licensing and regulation of all aircraft—manned or unmanned—is its domain. Regulatory framework will encourage the commercial use of drones in diverse areas and also generate revenues and employment to thousands in India. It is necessary that the draft law on the regulation of drones be placed in the public domain for discussion and finalisation.

In the US, drone registration rule requires that all persons operating a drone weighing more than 250 grams for either hobbyist or non-hobbyist operations in the airspace must fill a simple registration form and pay a $5 fee. The Singapore UAV guidelines have strict restrictions on the movement of drones. The UK has made significant changes in its drone law recently to improve accountability and encourage owners to act responsibly. Owners of drones (weighing over 250gm) are required to register their devices and drones have a built-in technology to stop them from entering specific zones, such as prisons or airport airspace. 

The United Nations’ aviation agency, the International Civil Aviation Organization (ICAO), is planning to have a singular ledger for drone registration. The main purpose of this is to facilitate law enforcement since with a record of all drones registered at one place, there would be no need to sift through each country’s UAV ledger in case of any violation.

A compelling reason for a law on the regulation of drones is the possibility of their being misused by terrorists, criminals, drug cartels and other antisocial groups. The government must ensure that every drone held by private players is properly accounted for. One of the greatest challenges regarding the final integration of drones and manned aircraft into the air space will be the issue of the multilayered legislatures. All drone operators involved in military and police operations must be trained in the relevant provisions of the laws of war and international human rights law. They must understand their responsibilities and liabilities. 

The author is a retired Wing Commander. Views are personal