The Delhi High Court has issued a directive to Customs officials at airports to avoid the unnecessary detention of old and personal jewellery of air travelers, including items worn during travel. This order comes in response to over 30 petitions highlighting the issues faced by tourists and Indian citizens regarding the detention of their belongings upon entering India.
Justices Prathiba M Singh and Rajneesh Kumar Gupta issued the instructions following an update from the Customs that the Central Board of Indirect Taxes and Customs (CBIC) is currently reviewing and amending the Baggage Rules but requires more time to complete the process. During this period, the court has mandated a sensitization initiative for all Customs officials to ensure that the detention of old or personal jewellery worn by travelers does not become a routine practice that leads to harassment.
The court emphasized the importance of ensuring a hassle-free experience for travelers and pointed out that the existing Baggage Rules, dating back to 2016, are outdated, particularly in light of significant changes in the gold market over the years. The judges noted that these rules appear archaic and require a modern reevaluation to align with current market realities.
In addition to the interim sensitization measures, the court ordered that if the Baggage Rules cannot be amended by the next hearing date, a standard operating procedure (SOP) should be developed and submitted by May 19. This SOP will be temporarily implemented until the official rules are revised.
The petitions before the court detailed numerous instances where travelers wearing jewellery were intercepted and their items detained, leading to considerable inconvenience and distress. In response, the court has also called for a simplification of the procedures for appraising and disposing of detained items, which are currently cumbersome and complex.
Furthermore, the court has requested the CBIC and other stakeholders to review how statements are recorded from passengers and to ensure these processes are standardized and respectful of the passengers’ experiences.
