Mr. Sameer Verma, a professional photographer based in the city of Chandrapur, recently invested in a high-end drone for his business, “LensCraft Studios.” As per Indian law, all drones must be registered to obtain a Unique Identification Number (UIN) before they can be legally flown. The regulatory body, the “Aviation Regulatory Authority of India (ARAI),” recently launched a new unified portal called “SkyNet” to streamline all aviation-related services, replacing its older “AeroSphere” system.

While this was intended to be a positive step, the new SkyNet portal has been plagued with technical glitches. For weeks, Mr. Verma and countless other drone operators across the country have been unable to complete the UIN registration process. This administrative failure has effectively grounded their operations. Flying an unregistered drone is illegal and could lead to police action and seizure of the equipment. This situation has put Mr. Verma in a difficult position, causing significant business losses and uncertainty.

Advice in such cases

• Document Everything: Keep a detailed record of your attempts to register the drone. Take screenshots and screen recordings of the website errors, note down the dates and times of your attempts, and save any email correspondence with the authorities.
• Formal Communication: Do not just rely on social media. Send a formal email or a registered letter to the ARAI, clearly explaining the technical issue, attaching your evidence, and requesting an alternative method for registration or a timeline for the portal’s resolution.
• Form a Collective: Connect with other affected drone operators through online forums or associations. A collective representation or a joint complaint to the ARAI and other relevant ministries often carries more weight than an individual one.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

• The Drone Rules, 2021: These rules mandate the registration of drones and the acquisition of a UIN. The inability of the authority to provide a means for registration is a failure to uphold its own regulatory framework.
• Constitutional Rights: Such an administrative lapse unreasonably restricts the fundamental right to practice any profession or to carry on any occupation, trade, or business, as guaranteed under Article 19(1)(g) of the Constitution of India.
• Writ Jurisdiction: Affected parties can approach the High Court under Article 226 of the Constitution by filing a Writ Petition. A writ of Mandamus can be sought to compel the ARAI to perform its public duty and provide a functional registration system.
• Principle of ‘Lex non cogit ad impossibilia’: This legal maxim means that the law does not compel a person to do that which they cannot possibly perform. Since the failure to register is due to the authority’s non-functional portal, operators cannot be penalized for it.

If you are the complainant

• Gather All Evidence: Systematically compile all documents, including the drone’s purchase invoice, your identification, detailed screenshots of the portal failure, and records of all communications sent to the ARAI.
• Send a Legal Notice: Through an advocate, issue a formal legal notice to the ARAI. The notice should detail the problem, the financial and professional losses incurred, and demand immediate action, such as providing an alternative registration process within a stipulated period (e.g., 15 days).
• File a Petition: If the legal notice is ignored or does not result in a satisfactory resolution, the next step is to file a writ petition in the appropriate High Court to seek judicial intervention and direction.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Do Not Fly the Drone: Resist the temptation to operate your drone illegally. Getting caught can lead to severe penalties and would weaken your legal position, as you would have knowingly violated the law.
• Stay Updated: Keep a close watch on the official ARAI website and press releases for any announcements regarding the portal’s status or any interim arrangements for registration.
• Join an Advocacy Group: Many industries have associations. Join a drone operators’ association to stay informed and participate in any collective action they may be planning.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police are tasked with enforcing the law as it stands. If they encounter an unregistered drone in operation, their primary response will be to enforce the Drone Rules, 2021. They are likely to question the operator, and may seize the drone and initiate proceedings. While you can explain the issue with the registration portal, the on-ground officers may not have the discretion to grant an exemption. They will likely advise you to sort the matter out with the ARAI. Carrying proof of your registration attempts might help in explaining the situation, but it is not a legal permit to fly.

FAQs people normally have

• Can I fly my nano drone (under 250g) without registration?
  

  As per current rules, nano drones flown for non-commercial purposes do not require a UIN. However, if used for any commercial purpose, the rules may apply. It is crucial to check the latest regulations.

  
  
• What if I lose business opportunities because of this delay?
  

  You may be able to claim damages for financial loss, but this is a complex legal process that would require filing a civil suit or including it as a prayer in a writ petition, with substantial evidence to prove the loss was a direct result of the authority’s negligence.

  
  
• Is there a temporary or manual registration process available?
  

  You must formally write to the authority to ask for this. Unless the ARAI officially announces an alternative process, none exists. Your formal request can help build pressure on them to create one.

  
  

What evidence is required?

• Proof of drone purchase and ownership (tax invoice).
• Clear, dated screenshots and screen recordings showing the non-functional registration portal.
• Copies of all emails, letters, and online grievance tickets submitted to the ARAI.
• If applicable, evidence of commercial use and financial loss, such as client contracts, business registration documents, and statements of lost income.

How long will the investigation take?

This is an administrative lapse, not a criminal investigation. The resolution time depends entirely on the ARAI’s response. Fixing the portal could take days or months. If you pursue legal action, a legal notice typically gives the authority 15-30 days to respond. A writ petition in the High Court could secure an initial hearing and a potential interim order within a few weeks, but the final disposal of the case can take longer.

Advocate Sudhir Rao, Supreme Court of India