Milestone crash reveals limits of civil aviation oversight
Experts and legal analysts believe that to ensure public safety, military training flights must also be subject to some form of oversight — particularly when conducted near civilian areas
The nation is mourning after a tragic accident at Milestone School and College in Uttara, Dhaka, where a military training jet crashed into the school compound, killing several students, teachers, and the trainee pilot. The devastating incident has triggered widespread outrage and renewed public debate over the safety of flying training jets over densely populated areas.
As families grieve and students recover from the trauma, questions are being raised about the absence of clear restrictions on flight training activities in urban zones. Citizens and rights groups are demanding immediate policy reforms to prevent such tragedies in the future.
Under the Civil Aviation Act, 2017, the Civil Aviation Authority of Bangladesh (CAAB) is authorised to regulate or restrict aircraft operations in Bangladeshi airspace. The law empowers CAAB to prohibit flights over specific areas, including urban zones, in the interest of public safety.
However, while the Act provides CAAB with this authority, there is currently no explicit Air Navigation Order (ANO) or notification in place banning training jets from flying over populated regions.
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The legal framework does, however, allow CAAB to issue such notifications at any time, should the authority deem it necessary for public safety. Many are now urging CAAB to exercise this power without delay.
Complicating the issue is the fact that the Bangladesh Air Force (BAF), which operated the crashed training jet, is exempt from civil aviation regulations. Governed by the Bangladesh Air Force Act, 1953, military aircraft fall under a separate legal and regulatory framework. As such, the BAF is not bound by CAAB's flight safety rules or civil aviation restrictions. Training procedures, safety protocols, and use of airspace for military jets are managed internally by the Air Force under the directives of Air Headquarters.
This exemption has raised serious concerns. Many experts and legal analysts believe that to ensure public safety, military training flights must also be subject to some form of oversight — particularly when conducted near civilian areas.
To address this gap, several potential solutions are being discussed:
Amending the Civil Aviation Act, 2017: One approach would be to revise the Act to include provisions allowing limited oversight of military flights over urban zones, specifically for training purposes. Currently, the Act excludes military airfields and defence activities from its jurisdiction.
Government notification or MoU: The government could issue an executive order or establish a Memorandum of Understanding (MoU) between the Ministry of Defence and the Ministry of Civil Aviation and Tourism, outlining specific restrictions on training jet operations in populated areas.
Enacting new military aviation safety laws: A dedicated law addressing military aviation safety could establish clear guidelines for where and how training flights can be conducted, particularly in areas with high civilian populations.
BAF internal policy reform: The Air Force, acting independently, could voluntarily introduce new safety measures, including designated training zones away from cities, altitude restrictions over urban areas, and updated flight safety protocols.
Public pressure and legal action: Civil society organisations have already begun mobilising. Legal experts suggest that writ petitions in the High Court could compel the government to take action, based on constitutional guarantees of the right to life and safety.
As the public continues to demand accountability and reform, aviation authorities and the military face growing pressure to act swiftly. The tragedy at Milestone School has made it clear that current regulations are insufficient to protect the lives of those on the ground.
With lives at stake, experts argue that restricting training and non-training jet flights over urban areas is no longer just a policy option—it is a moral imperative.
Md Shahadat Hossain Barrister-at-law, is an Advocate at the Supreme Court of Bangladesh and an Associate-Partner at Khan Saifur Rahman & Associates
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.
