Drones

In India, the drone ecosystem is regulated by the government through the Directorate General of Civil Aviation (DGCA) under the Ministry of Civil Aviation. The power to regulate drones is permitted by the Aircraft Act, 1934, and the Aircraft Rules, 1937. 

The first legislation to govern drone operations came in the form of the Public Notice on the Use of Unmanned Aerial Vehicle (UAV)/ Unmanned Aircraft Systems (UAS) for Civil Applications issued by the DGCA, which became effective in 2014. It mandated permission  from the AAI (Air Navigation Service Provider), defense, the Ministry of Home Affairs, and any other security authorities when flying drones for civil purposes. 

Draft guidelines for use of drones were published in the year 2016. These policies addressed the use of unmanned aerial vehicles (UAVs) for civilian or recreational reasons, but still left out key issues such as legal liability, privacy, trespass, and import controls. 

Draft rules for Unmanned Aircraft Systems (UAS) were announced by the Ministry of Civil Aviation in June 2020. After consulting with stakeholders, the government passed the UAS Rules, 2021, which imposed requirements for authorization and laid down restrictions. 

Based on public feedback, the Ministry of Civil Aviation (MoCA) decided to repeal the UAS Rules, 2021, and replace them with the liberalized Drone Rules, 2021. Subsequently, the Drone (Amendment) Rules, 2022, were passed which stated that a remote pilot certificate (earlier called a license) will not be required for flying small to medium size drones of up to 2kg for non-commercial purposes. The DGCA also created a portal for drone licensing and drone operator certification. 

In February 2022, India banned the import of drones, to encourage domestic manufacturing of drones in India. However, DGCA permitted the import of drones for R&D, defence and security purposes, subject to authorization issued by DGFT in consultation with the concerned line ministries. Additionally, the import of drone components was permitted.  

Subsequently, in June 2023, the Directorate General of Foreign Trade, under the Ministry of Commerce and Industry, liberalized the policy for the export of drones for civilian use, with the aim of promoting India as a global manufacturing hub for drones. 

To support aspiring drone pilots in India, the Drone (Amendment) Rules 2023 were notified allowing the application for a remote pilot certificate using any government-issued proof of identity and proof of address. This change addressed a significant barrier faced by drone pilots, particularly in the agricultural sector.