Background
June 12, 2025 is a very heartbreaking date for the international world, especially India where there has been a plane crash in Ahmedabab, India while on its way to London, England. This plane crashed at 13.38 local time and carried 279 people consisting of passengers and several crew members who were on duty, and there were even some residents who were killed from the plane accident. However, it would be miraculous that 1 person survived the plane crash because he jumped from the emergency exit and was undergoing treatment in the hospital.
This has attracted international attention, some of which are the Indonesian Minister of Foreign Affairs, Sugiono who expressed his deepest condolences for the victims who fell through his personal Instagram account and also came from Donald Trump who expressed his condolences for calling this accident the “most terrible” flight accident in history. He is ready if the US is asked for help if needed. Prime Minister Narendra Modi of India also stated that this was a “very heartbreaking matter and his heart goes out to all those affected by it” and immediately afterwards, he ordered a SAR operation to be carried out as soon as possible to identify the possibility of additional casualties.
This event raises many hidden questions, particularly with regard to international aviation law. What is the legal basis for this case and what are the penalties that will be imposed on the airline used by the passengers during the flight?
Legal Issues
- Are the flights operated by Air India Aircraft in accordance with the procedures/standards implemented by the worldwide aviation system?
- What are the next steps in making repairs and also how to provide compensation for the families of the plane victims?
Analysis
A. Chronology & Flight Procedures Conducted in accordance with Air Laws
According to SindoNews, the chronology of the Air India flight can be explained as follows: the plane took off from runway 23 of Sardar Vallabhbhai Patel International Airport at 13.39 local time. Shortly after takeoff, the crew issued a MAYDAY call signaling a critical emergency. After the MAYDAY alert was given, no further communication was received from the aircraft after the call and then the flight tracking website (Muhaimin, 2025)Flightradar 24 stated that they received the last signal from Esawat a few seconds after takeoff. Then, the crash occurred at around 14.00 pm with the plane losing altitude quickly and falling in a fireball causing thick plumes of black smoke to soar into the air. After the incident, the Sardar Vallabhbhai Patel International Airport was closed for operations.
Some of the causes of this plane crash itself are that the plane is difficult to reach altitude because it flies at a low altitude above the local people’s dwellings and only reaches an altitude of 190 meters above the surface. In addition, there is a cause that there is a rare damage to 2 aircraft engines so that the aircraft does not get any boost or power from the engine. Faulty aircraft wing covers are also one of the causes of this aircraft accident because if the aircraft wing cover is not elongated, the aircraft engine that has been fully turned on will have difficulty reaching altitude.
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According to Widyanto, et al. (2023), air law consists of 2 main laws, namely international public air law which mandates the Contracting State to draft national laws that regulate, control, and supervise so that there is order in the implementation of aviation activities and provide criminal sanctions for individuals or legal entities who violate or commit crimes and international private air law to draft national laws that regulate relations between countries with individuals, countries with legal entities, and individuals with individuals or individuals with companies or companies with companies so that there is order in aviation activities and provide administrative sanctions for individuals or legal entities or companies that do not carry out their obligations.
Meanwhile, the conventions related to the air, namely:
- The 1929 Warsaw Convention provides that in the event of an accident on board an aircraft or during the boarding or disembarkation of an aircraft, the carrier (airline) is liable for damages suffered by passengers if it results in death, injury or other bodily In Article 22 paragraph (1) it is explained that the amount of compensation is limited to 125,000 francs and is given in the form of periodic payments.
- The 1999 Montreal Convention is a convention that brings together all the international treaty regimes that cover airline responsibilities that have evolved since 1929.
In the 1929 Warsaw Convention itself, there are several articles that have been violated, namely Article 17 concerning the liability of airlines for damages that occur in the event of death or injury to passengers, if an accident occurs on board, or during the process of getting on/off the plane and the relevance to the case of Air India is that the passenger has an accident when the aircraft has just taken off (flight phase), then legally the airline is responsible for all loss of life. In addition, article 20 provides for proof that it has taken all necessary measures to avoid harm or is unlikely to prevent it, although in this article it would be difficult to prove.
In the 1999 Montreal Convention, there is actually no much difference from what was issued in the Warsaw Convention, where Article 17 also explains the responsibility of airlines for the deaths of the victims and also in Article 21 paragraph 1 which demands compensation of up to 128,821 SDRs.
However, the carrier shall not be liable for any losses incurred in the event of losses exceeding 128,821 SDRs for any passenger if the carrier can prove damages not due to negligence or other wrongful acts or negligence or the negligence of its agents or such damages are not solely due to negligence or other acts or negligence of third parties.
B. Investigation Procedures and Procedures for Providing Compensation to Victims’ Families
The investigative process in an effort to resolve this problem can be carried out in the country where the accident occurred and other interested countries (such as the aircraft manufacturer, operator, and victim country) that are entitled to participate in this investigation under Article 26 of the 1944 Chicago Convention on the Investigation of Accidents.
In the Key Principles of ICAO Annex 13 (International Civil Aviation Organization), there will be several countries participating in uncovering this case. Some of them, quoted from Kompas, are the United States National Transportation Safety Agency (NTSB) and the British Air Accident Investigation Agency. The purpose of this investigation itself is to prevent future accidents and not to find parties who are legally guilty. After that, they will collect information about the plane crash through the Flight Data Recorder (FDR) and Cockpit Voice Recorder (CVR) which must be secured and analyzed which are usually in a black box. Radar data, weather conditions, pilot communications, and technical reports were also examined in this investigation to find the core of the problem of this aircraft accident. After the data is collected because it has conducted a thorough investigation, the investigation will prepare a recommendation report to national or international aviation authorities, including submission to ICAO (International Civil Aviation Organization).
Regarding the provision of compensation, reported by MetroTV News that the Tata Group, as the owner of Air India, will compensate each victim of 10 million rupees or around 1.9 billion rupiah and also the company will bear the medical costs for the injured victims and promised to provide support in rebuilding medical dormitories affected by the Air India plane accident.
Conclusion
From the argument of the case above, the civil flight carried out by India Air to London, United Kingdom was not in accordance with the existing standard procedure because there was damage to 2 aircraft engines which was very dangerous if not handled quickly and appropriately and the aircraft could not climb above the normal limit that had been determined so as to damage the residents’ facilities, one of which was a medical dormitory. Even the victims who came were not only from airplane passengers, but also from several people were also affected by this impact and some of them died.
As a result of the plane crash, many parties have contributed to help in this investigation from within and outside the country. The provision of compensation is also intensified to resolve the problems that occurred as a form of airline responsibility for the accident so that the victim’s family will feel fair in this case, both to the families of the victims who died and those who were injured.
Reference
Muhaimin. (2025, June 13). Chronology of Indian Water Tragedy Kills 269 People, from Takeoff to Explosion. Retrieved from SindoNews: https://international.sindonews.com/read/1579423/40/kronologi-tragedi- air-india-tewaskan-269-orang-dari-lepas-landas-hingga-meledak- 1749773169.
Permatasari, E. (2021, November 11). International Aircraft Accident Compensation Rules. Retrieved from hukumonline.com: https://www.hukumonline.com/klinik/a/aturan-ganti-rugi-kecelakaan- pesawat-penerbangan-internasional-lt618d2f724f4fb/
Saptandri Widiyanto1, D. D. (2023). Implementation Of International Air Law As An Effort To Improve Aviation Safety (Case Study Of The Lion Air Jt 610 Aircraft Accident. Indonesian Journal of Legality of Law, 18-23.
Articles of the Warsaw Convention of 1929 Articles of the 1944 Chicago Convention Articles of the 1999 Montreal Convention Key Principles of ICAO Annex 13.
Penulis
Otneil Zepanya Tampubolon – ALSA Local Chapter Universitas Airlangga
