ALPA India Challenges Unconstitutional Aviation Ministry Proposal on International Pilot Recruitment

New Delhi:

The Airline Pilots' Association of India (ALPA India) has expressed strong opposition to a working paper from the Ministry of Civil Aviation submitted to the International Civil Aviation Organization (ICAO). This paper proposes implementing a global code of conduct regulating the recruitment of Indian aviation professionals by foreign airlines.

In a comprehensive letter to the Civil Aviation Minister, ALPA India characterized the proposal as "unconstitutional, anti-liberal, and damaging to India's global image." The pilots' organization, which is affiliated with the International Federation of Air Line Pilots' Associations (IFALPA), argued that implementing such a proposal would violate fundamental rights guaranteed by Articles 19 and 21 of the Indian Constitution.

Captain Sam Thomas, ALPA India's president, stated, "This proposal risks institutionalising a form of bonded labour, where Indian pilots may be locked into employment with a single airline under changing service conditions."

This objection follows the ministry's submission of a working paper titled 'Practices Impacting Orderly Conduct of International Civil Aviation' at the 42nd ICAO Assembly in Montreal, Canada, which took place from September 23 to October 2.

ALPA India contends that the government's position circumvents ongoing legal proceedings in the Delhi High Court. The Civil Aviation Requirement (CAR) Section 7, Series X, Part II—which mandates a six-month notice period and No Objection Certificate (NOC) for pilots intending to resign—is currently under judicial review. The association described this international submission as "highly contemptuous" of the court process.

The pilots' organization rejected claims that foreign airlines were "poaching" Indian talent, instead attributing the exodus to poor domestic working conditions.

"Pilots are leaving because of exploitative contracts, limited career progression, and lack of standardised pay," ALPA India stated in its letter.

"Thousands of pilots have lost pay and gratuity when Indian airlines like Kingfisher, Jet Airways, and Go Airlines shut down. None of these provisions protected pilots' interests," the association highlighted.

ALPA India outlined several key objections:

- Violation of fundamental rights to employment and movement

- Contradiction to ICAO's principles of international workforce mobility

- Misdiagnosis of the root causes behind pilot migration

- Lack of consultation with pilot associations

- Creation of conditions resembling bonded labour, potentially compromising flight safety

Rather than implementing restrictive measures, ALPA urged the government to withdraw the ICAO paper and engage in consultations with stakeholders to develop constructive solutions. The group recommended measures including pay parity between Indian and expatriate pilots, reforms in working conditions, and tax incentives to retain professionals in India.

The association also referenced a series of previous representations submitted to the Ministry of Civil Aviation and the Directorate General of Civil Aviation (DGCA) addressing issues from pilot fatigue to unfair penalties and training costs—most of which, according to ALPA, were dismissed or remain pending.

The grievance has been officially registered on the Centralised Public Grievance Redress and Monitoring System (CPGRAMS) under the Ministry of Civil Aviation and is currently listed as "under process".