Policy Update
Urvashi Singhal
Background
Drones are a technology platform with wide-ranging applications from photography to agriculture, from infrastructure asset maintenance to insurance. Drones range in size from very small and those that can carry multiple kilograms of payload.
The Ministry of Civil Aviation has been working for several years to establish a world-leading drone ecosystem in India. To that end, it was necessary to develop global standard drone regulations that would permit, with appropriate safeguards, the commercial application of various drone technologies. The preparation of these drone regulations through a Civil Aviation Requirement (CAR) has taken multiple years because:
- Drone technologies have been evolving very rapidly
- Many countries are still experimenting with their drone regulations, and no ICAO standards have been developed
- India’s security environment necessitates extra precautions.
The Director General of Civil Aviation (DGCA) has finally announced its policy for remotely piloted aircraft or drones on 27th August, 2018. Set to come into effect from December 1, 2018, the new policy defines what will be classified as remotely piloted aircraft, how they can be flown, and the restrictions they will have to operate under.
Functioning
The 2018 CAR categorized drones into five weight-based categories:
| Drone | Size |
| Nano | ≤ 250 g |
| Micro | 250g – 2 kg |
| Small | 2 kg – 25 kg |
| Medium | 25 kg – 150 kg |
| Large | >150 kg |
Except for Nano drones operating below 50 feet and indoors, all drones require registration, a Unique Identification Number (UIN), and an Unmanned Aircraft Operator Permit (UAOP). The DGCA created a digital infrastructure named Digital Sky Platform, envisioned as a single-window clearance system with automated permissions.
Key operational conditions included:
- No Drone Zones: Drones were banned near airports, international borders, State Secretariat Complexes, military installations, etc.
- Visual Line-of-Sight (VLOS): Operators had to maintain visual contact with the drone.
- Time Restrictions: Daylight-only flying was permitted.
- Maximum Altitude: Micro and small drones could fly up to 200 feet above ground level with prior permission.
Performance
The 2018 policy represented India’s first structured attempt at regulating civilian drone usage. The launch of the Digital Sky Platform was meant to simplify the registration and permission process. However, its rollout was slow and limited in scope.
Initial implementation faced significant hurdles:
- Delayed Functionality: Digital Sky’s backend integration with various government databases and security agencies was incomplete for months after the policy’s implementation.
- Manual Workarounds: Due to delays in automation, permissions were largely processed manually, creating bottlenecks.
- Limited Access for Startups: Many small drone companies lacked resources to navigate the complex compliance process, thereby stifling innovation (PRS Legislative Research, 2019).
Despite these issues, the policy did help formalize a previously unregulated space. It encouraged discussions around drone corridors, remote pilot training organizations (RPTOs), and indigenous manufacturing.
Impact
The RPAS 2018 policy had a mixed impact:
Positive Outcomes
- Market Legitimacy: Legalizing drone use spurred private investment, especially in agriculture, surveying, and cinematography.
- Public Sector Engagement: State agencies like the Survey of India and disaster management authorities began using drones more systematically.
- Foundation for Reforms: The 2018 CAR laid the groundwork for later liberalizations such as the Drone Rules, 2021 and 2022 Production-Linked Incentive (PLI) schemes for drone manufacturing.
Negative Outcomes
- Compliance Burden: Heavy paperwork, multiple nodal clearances, and lack automation deterred small-scale operators.
- Security-Heavy Bias: The overemphasis on national security sometimes overrode innovation and accessibility goals.
- Lack of Clarity on Liability and Insurance: Issues related to privacy, data ownership, and third-party liabilities remained vague.
Emerging Issues
Several emerging issues came to light during the implementation of the 2018 RPAS policy:
- Fragmented Governance: Multiple ministries (Home, Defense, Civil Aviation, Telecom) had overlapping roles, leading to administrative delays and confusion.
- Inadequate Skilling Infrastructure: A shortage of certified training schools and skilled pilots slowed adoption.
- Data Sovereignty and Surveillance: The lack of guidelines on data collection and use by drones raised concerns about privacy and misuse by both private and government actors (Internet Freedom Foundation, 2020).
- Indigenous Technology Gaps: Despite efforts to boost manufacturing, India remained reliant on imported drone components, especially from countries like China.
- Urban Deployment Challenges: Congested airspaces, high-rise buildings, and crowd density made urban drone operations risky under existing VLOS constraints.
Way Forward
Recognizing the shortcomings of CAR 2018, the Indian government introduced the Drone Rules, 2021, which significantly liberalized the sector. However, for India to truly become a global drone hub, the following steps are recommended:
1. Streamlining Regulatory Framework
- Unify permissions under a single authority through a robust, fully digital system.
- Eliminate redundant approvals and automate the “No Permission, No Takeoff” (NPNT) mechanism.
2. Promoting Local Manufacturing
- Strengthen the PLI scheme for drones and drone components.
- Provide tax incentives and R&D support for indigenous design and production.
3. Capacity Building and Skilling
- Expand Remote Pilot Training Organizations (RPTOs) across states.
- Create National Drone Skill Qualifications through partnerships with NSDC and universities.
4. Urban Air Mobility (UAM) Planning
- Develop drone corridors and testbeds for urban areas in collaboration with city planning authorities.
- Consider pilot zones for drone taxis, logistics, and emergency medical deliveries.
5. Privacy and Data Protection
- Develop a robust legal framework for drone surveillance, data collection, and usage.
- Synchronize drone policies with India’s Digital Personal Data Protection Act, 2023.
6. Public Awareness and Inclusion
- Educate the public on the legitimate use of drones and address societal concerns.
- Involve civil society, especially in surveillance-heavy deployments, to maintain accountability.
Conclusion
The Civil Aviation Requirements for RPAS in 2018 marked a critical milestone in India’s journey toward a regulated drone ecosystem. While its rigid structure and security-first approach drew criticism, it successfully initiated a much-needed policy dialogue. By identifying and addressing the loopholes in CAR 2018, subsequent reforms have aimed to strike a better balance between innovation, safety, and inclusivity. Going forward, India’s challenge lies in building a responsive, rights-based, and forward-looking drone governance architecture.
References
- Office of the Director General of Civil Aviation https://www.dgca.gov.in/digigov-portal/jsp/dgca/homePage/viewPDF.jsp?page=InventoryList/headerblock/drones/D3X-X1.pdf
- Requirements for Operation of Civil Remotely Piloted Aircraft System (RPAS) https://elplaw.in/wp-content/uploads/2023/11/180827-ELP-Update-Notification-on-Drones-Regulation-in-India.pdf
- Government announces Regulations for Drones https://www.pib.gov.in/newsite/printrelease.aspx?relid=183093
- Directorate General of Civil Aviation. (2018). Civil Aviation Requirements (CAR), Section 3 – Air Transport Series X, Part I, Issue I. Retrieved from https://dgca.gov.in
- Internet Freedom Foundation. (2020). Privacy and surveillance concerns in India’s drone policies. Retrieved from https://internetfreedom.in
- PRS Legislative Research. (2019). Unmanned Aircraft System: Issues and Analysis. Retrieved from https://prsindia.org
- Ministry of Civil Aviation. (2021). Drone Rules, 2021. Retrieved from https://egazette.nic.in
- Ministry of Electronics and Information Technology. (2023). Digital Personal Data Protection Act, 2023. Retrieved from https://www.meity.gov.in
About the contributor
Urvashi Singhal is a master’s student at DTU, simultaneously pursuing actuarial science. She is currently working as a research intern on an ICSSR project focused on menstrual leave policy.
Acknowledgment
The author sincerely thanks the IMPRI team for their valuable support.
Disclaimer: All views expressed in the article belong solely to the author and not necessarily to the organisation.
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