Beyond Ratification: Rethinking Passenger Rights under the Montreal Convention in India’s Aviation Liability Regime

The current paper examines the development, adoption, and success of the Montreal Convention (MC99) in India concerning the booming aviation industry and passenger security issues. The growth of India's aviation industry, with record passenger traffic, demands a robust liability regime in air carriage. The research traces the history of air carrier liability from the Warsaw Convention to MC99, highlighting failures of previous models. It discusses MC99 provisions, including the two-tier liability system, jurisdiction expansion, compensation for delay and baggage loss, and exclusion of psychiatric injury claims. The paper analyses India’s ratification and incorporation of the Convention through the Carriage by Air (Amendment) Act, 2009, along with the regulatory role of the Directorate General of Civil Aviation (DGCA) and reforms like the Bharatiya Vayuyan Adhiniyam. Judicial developments indicate a gradual shift towards a passenger-friendly approach. The paper identifies gaps in implementation, including outdated liability limits, jurisdictional complexities, enforcement issues, and mental injury exclusion. It concludes that while India has progressed towards international standards, stronger enforcement and reforms are required to make aviation liability more passenger-oriented.