Stricter law in works for flight threat calls: Civil aviation minister

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New Delhi, October 22, 2024: Union civil aviation minister Ram Mohan Naidu said on Monday the government plans to classify hoax bomb threats as a “cognisable offence” with longer potential sentences and place perpetrators on a no-fly list after a week-long chaos unleashed by false affected at least 100 flights.

Separately, two top aviation security officers met Union home secretary Govind Mohan on Monday and discussed the incidents. According to officials aware of the discussions at the meeting, the government has estimated the number of hoax alerts to be at 200 for the entire month of October.

Security arrangements have been augmented in light of these alerts, an official aware of the matter said, asking not to be named.

Speaking at the 8th anniversary celebration of the UDAN scheme in the national capital, Naidu said, “It is a very sensitive situation when it comes to the hoax call threats, there is an international procedure that we have to follow.”

The minister revealed that the government is considering amendments to the Aircraft Security Rules and the Suppression of Unlawful Acts Against Safety of Civil Aviation Act (SUASCA) to address the recent surge in threats.

“Making hoax calls to airlines will be made a cognisable offence and the perpetrators will be put on the no-fly list,” Naidu declared, emphasising the gravity of the situation.

In the second meeting with the Union home secretary, Bureau of Civil Aviation Security (BCAS) director general (DG) Zulfiquar Hasan and director general of Central Industrial Security Force (CISF) Rajwinder Singh Bhatti met Mohan at the latter’s office at North Block.

Hasan and Bhatti, both senior officers belonging to the Indian Police Service, briefed the home secretary about the incidents of bomb threats and the steps taken to check such incidents, sources said.

Details of the meeting were not known immediately but an official involved in one of the ministries said security drills have been meticulously followed despite the flood of such alerts.

“Before October, in June too, there were 96 calls received at the airports, which were all hoax calls. Then the calls were received at about the same time when similar threat mails were sent to schools. There is definitely a pattern, which needs to be probed by police forces,” a senior officer said, asking not to be named.

At present, there are no direct legal provisions to prosecute such cases but sections of the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act contain some legal measures that can be utilised. For instance, under Section 353 of BNS, those spreading false information causing public alarm can face up to three years in prison and/or a fine. Section 351 addresses criminal intimidation, with threats of death, grievous injury, or arson punishable by up to seven years in prison, and anonymous threats carry an additional two-year sentence. For hoax calls made through digital channels or interfering with critical infrastructure, Section 66F of the IT Act can be invoked, classifying such acts as cyber terrorism, potentially punishable by life imprisonment according to the reports published in hindustantimes.com.

Naidu explained changes may be done to aviation-specific rules. “While it (SUASCA) takes care of the offences when the aircraft is in flight, if we want to address these kinds of threats that have been happening… we have to cover the act on the ground and the airport also.”

The minister outlined two primary areas of focus: “First is the amendment in Aircraft Security Rules… one of the ideas that we want to propagate by changing these rules is that once we catch hold of the perpetrator who is behind this, we want to put them in the no-fly list. Second is the Suppression of Unlawful Acts Against Safety of Civil Aviation Act.”

Currently, the Aircraft Security Rules of 2023 allow BCAS to impose fines up to ₹1 crore on airports and airlines for security violations. SUASCA, aligned with the Chicago Convention, outlines offences such as acts of violence against individuals on board aircraft and the destruction or damage of aircraft.

However, neither act specifically addresses threats originating from social media or external sources.

The recent spate of threats has led to extensive meetings with stakeholders. “In the last week, I have chaired certain meetings with all the necessary stakeholders,” Naidu said, adding that the ministry is collaborating closely with the ministry of home affairs (MHA) to address these security challenges.

Addressing the motive behind the hoax calls, Naidu remained cautious: “It is very difficult to tell at this point what the motive is behind these hoax calls. The police are doing their due diligence, and once the perpetrators are caught, we can determine the reason behind these incidents.”

The minister revealed that intelligence agencies are being engaged to prevent future occurrences. “We are using intelligence, the IB, and other key agencies to ensure incidents like this don’t happen again.”

Naidu refrained from speculating on the source of the threats, noting, “Social media posts can be made through VPNs so we are working on determining the sources.” This marks a shift from his earlier stance last week when he stated there was “no conspiracy”.

The impact of these threats has been significant, with eight flights diverted in the past week alone. Naidu said that each threat is being assessed individually: “Even though most of them are hoax threats, we cannot take them lightly. The lives of passengers are important, the security situation is important and protocol is important.”

The minister also highlighted enhanced security measures at airports, including a 10 percent increase in security over the past week and improvements to surveillance systems.

The calls have also led to CISF, which manages security of airports across the country, to deploy maximum strength by cancelling leaves and bringing in more reinforcements, the official quoted in the first instance said.

“At airports like Delhi and Mumbai, when there are specific threats naming 6 flights or certain areas of the airport, almost 24 hours are lost in following the SOP and clearing the flight for operations again. This is why the CISF personnel on the ground are working on full capacity. Additional equipment from training units and reserve units have also been brought in and handed to the airport security to deal with the high volume of calls, Until investigative agencies probe and unearth the conspiracy behind these calls, there is no change in this SOP,” the officer added.