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 23,2024

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Mangaluru, Apr 23: As an outbreak of avian flu has been reported in some districts of neighbouring Kerala, the border areas of Karnataka, including Mangaluru, have been put on high alert, officials of the Karnataka Animal Husbandry department said.

At present, the situation in Kerala is being monitored before any action can be taken, they said.

“Our Kerala counterparts have assured us that the avian flu has been contained within Alappuzha district. However, loading, booking and carrying poultry and poultry products on trains and at railway stations are still under consideration (surveillance), the officials said.

Not only railways but also road transport ferrying chicken loads from Kerala to Mangaluru are under surveillance. Mangaluru, being one of the largest consumers of chicken from Kerala, has halted chicken procurement from Kerala-based suppliers.

Sudhakar Shetty, a market functionary, stated, “The animal husbandry department of Kerala has advised containment of avian flu within a few districts in Kerala. We are closely monitoring the situation.” Despite this, the market has not experienced significant fluctuations in supply yet, as local stocks have been adequate to meet the demand for the next few days.

Demand for chicken could fall for a few days due to a series of temple festivals in coastal areas, where many consumers refrain from consuming meat-based meals until Saturday. Nevertheless, Sunday could witness a change, as consumers may desire hot chicken curry for their Sunday meals, according to the local people.

As officials in the animal husbandry department in Dakshina Kannada have raised awareness in the market about avian flu in the neighbouring state, the question arises whether prices will fall if demand decreases.

“We do not want to contribute to the hysteria surrounding avian flu until our local stock falls below the level of demand,” said Aston D’Souza, a farm owner.

Dakshina Kannada also serves as a good market for suppliers from Shivamogga, Hassan, and Chikkamagaluru.

“In case supplies dwindle due to an unlikely prolonged shutdown of Kerala supplies, we can always purchase from those districts, albeit at a slightly higher cost than Kerala stock,” Shetty said.

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News Network
May 5,2024

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London: London's Labour mayor Sadiq Khan on Saturday secured a record third term, as the party swept a host of mayoral races and local elections to trounce the ruling Conservatives just months before an expected general election.

Khan, 53, beat Tory challenger Susan Hall by 11 points to scupper largely forlorn Tory hopes that they could prise the UK capital away from Labour for the first time since 2016.

The first Muslim mayor of a Western capital when initially elected then, he had been widely expected to win as the opposition party surges nationally and the Tories struggle to revive their fortunes.

Hours later in the West Midlands, Conservative mayor Andy Street -- bidding for his own third term -- unexpectedly lost to Labour's Richard Parker, dealing a hammer blow to Prime Minister Rishi Sunak.

That narrow loss left the beleaguered leader with only one notable success in Thursday's votes across England, after Tory mayor Ben Houchen won in Tees Valley, northeast England -- albeit with a vastly reduced majority.

In a dismal set of results, Sunak's party finished a humiliating third in local council tallies after losing nearly 500 seats.

"People across the country have had enough of Conservative chaos and decline and voted for change with Labour," its leader Keir Starmer said shortly after confirmation of Parker's victory.

He called the result "phenomenal" and "beyond our expectations".

Writing earlier in Saturday's Daily Telegraph, Sunak had conceded "voters are frustrated" but tried to argue Labour was "not winning in places they admit they need for a majority".

"We Conservatives have everything to fight for," Sunak insisted.

'Spirit and values'

Labour, out of power since 2010 and trounced by Boris Johnson's Conservatives at the last general election in 2019, also emphatically snatched a parliamentary seat from the Tories.

Starmer has seized on winning the Blackpool South constituency and other successes to demand a general election.

Sunak must order a national vote be held by January 28 next year at the latest, and has said he is planning on a poll in the second half of 2024.

Labour has enjoyed double-digit poll leads for all of his 18 months in charge, as previous Tory scandals, a cost-of-living crisis and various other issues dent his party's standing.
On Thursday, it was defending nearly 1,000 council seats, many secured in 2021 when it led nationwide polls before the implosion of Johnson's premiership and his successor Liz Truss's disastrous 49-day tenure.

In the end, they lost close to half and finished third behind the smaller centrist opposition Liberal Democrats.

Meanwhile Labour swept crunch mayoral races across England, from Yorkshire, Manchester and Liverpool in the north to contests across the Midlands.

In London, Khan netted 44 percent of the vote and saw his margin of victory increase compared to the last contest in 2021.

"It's truly an honour to be re-elected for a third term," he told supporters, accusing his Tory opponent of "fearmongering".

"We ran a campaign that was in keeping with the spirit and values of this great city, a city that regards our diversity not as a weakness, but as an almighty strength -- and one that rejects right hard-wing populism," he added.

'Change course'

If replicated in a nationwide contest, the council tallies suggested Labour would win 34 percent of the vote, with the Tories trailing by nine points, according to the BBC.

Sky News' projection for a general election using the results predicted Labour will be the largest party but short of an overall majority.

Speculation has been rife in Westminster that restive Tory lawmakers could use dire local election results to try to replace Sunak.

Despite the returns being at the worst end of estimates, that prospect has not so far materialised.

Ex-interior minister and Sunak critic Suella Braverman warned in the Sunday Telegraph that Sunak's plan "is not working and he needs to change course", urging a more muscular conservatism.

But she cautioned against trying to replace him, warning "changing leader now won't work: the time to do so came and went".

Meanwhile, polling expert John Curtice assessed there were some concerning signs for Labour, which lost control of one local authority and some councillors elsewhere reportedly over its stance on the Israel-Hamas war.

"These were more elections in which the impetus to defeat the Conservatives was greater than the level of enthusiasm for Labour," Curtice noted in the i newspaper.

"Electorally, it is still far from clear that Sir Keir Starmer is the heir to (Tony) Blair."

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News Network
April 25,2024

Bengaluru, Apr 25: Former union minister C M Ibrahim, who was expelled from Janata Dal (Secular) for protesting against party’s alliance with BJP, has stressed on need for a third front not just at the national level, but also in Karnataka. 

Addressing a news conference in Bengaluru on Wednesday, he said he’s planning to form a third front in Karnataka along with Lingayat Seer Dingaleshwar Swami.

Ibrahim said that he will tour the state between April 27 and May 4 and that he would meet Dingaleshwar Swami on April 29. “There is a need for the third front in this country. We will try to establish a third front in association with the seer and we hope we will be successful in those efforts,” he said.

Expressing disappointment with the Congress for not doing enough to gain the full confidence of Muslims, Ibrahim said that Congress is concentrating only on certain communities for votes, and ignoring Muslims. 

“The Congress is not even caring for Muslims and Dalit votes. In some Muslim areas they did not even hold campaigns seeking votes and trying to convince the communities which never vote in their favour. I fear this may lead to low turnout and Congress may lose its vote base,” he opined.

Mentioning about guarantees on which Congress is strongly relying during this election, Ibrahim said, such things won’t work all the time. “Guarantees will not work anymore. Every election you need to give something new to the voters,” he added.

On Prime Minister Narendra Modi’s statement that Congress is trying to appease minorities for votes, Ibrahim requested both Congress and BJP parties not bring Muslims between them. “I request both parties. Leave us alone. Don’t make us sandwiches for your political sake. We are living with peace and hope even the Prime Minister will understand this,” Ibrahim added.

Launching a broadside against Prime Minister Deve Gowda, Ibrahim said, “Deve Gowda has sold his personality itself. Whatever I have told about JD(S) has come true. I pity, a former Prime Minister should not have come to this stage,” he said. 

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