THE DOOM OF DRONES: AN EXPLORATION OF POLICY GAPS IN INDIA
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Abstract
Bill Gates had once quoted, “Drones overall will be more impactful than I think people recognize, in positive ways to help society”. The application of drones has expanded from military use and has entered the civilian and commercial sector of life. Drone technology has become increasingly useful in sectors varying from agriculture, environment conservation, disaster mitigation and construction.
However, the regulatory framework relating to civilian and commercial application of drones is in a preliminary stage. This paper primarily contends that the present draft drone guidelines passed by the Directorate General of Civil Aviation in 2017 are insufficient and do not ensure effective measures of security, privacy and effectiveness in the operation of drones or unmanned aerial vehicles. The paper would further lay down the basic features of the draft regulations and comment about the various policy gaps and lacunae present in the regulations. The main policy gaps and lacunae identified relate to aspects of quality/import control, privacy, trespass, nuisance, surveillance, legal liability, standard operating protocol for incidents and terrorist threat management.
Rather than imposing a blanket ban on civilian drones, a more effective solution would be to formulate a better and more comprehensive legislation. In this regard the incorporation of various legislations, common law principles and policies of countries with more advanced drone laws in India have been discussed in the paper. Since the legislation is at a very primitive stage, research and development from other countries of similar landscapes can be referred to bring out innovative ideas to solve problems.
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