Jeeja Ghosh & Anr vs Union Of India & Ors

It so happened that Ms. Ghosh was invited to an International Conference, North South Dialogue IV, in Goa, from the 19th to the 23rd of February, 2012, hosted by ADAPT (Petitioner no. 2). The conference was intended to put a special focus on people with disabilities and their families, countries in the global South facing huge systemic and institutional barriers, and the tools for change that would make a difference in their lives in these countries. Additionally, Ms. Jeeja Ghosh was invited as one of 15 international individuals to review an Indo-German project which was being show-cased at the conference. ADAPT purchased return plane tickets for Ms. Jeeja Ghosh, including a seat on flight SG 803, operated by SpiceJet Ltd. (Respondent no. 3) scheduled to fly from Kolkata to Goa on the morning of 19th February, 2012. The conference was to begin in the afternoon of the 19th February, 2012.

After being seated on the flight, Ms. Jeeja Ghosh was approached by members of the flight crew who requested to see her boarding pass, which she gave them. Then they proceeded to order her off the plane. Despite her tearful protestations and informing them that she needed to reach Goa for the conference, they insisted that she de-board. After returning to the airport and arguing with airlines officials, she later discovered that the Captain had insisted that she be removed due to her disability.

It is averred in the petition that as a result of the shock and trauma of this even,t she had trouble sleeping and eating, so she was taken to a doctor the following day where she was prescribed medication. Because of this, she was unable to fly to Goa on 20th February, 2012, and, thus, missed the conference all together. Not only did this humiliate and traumatize her, but it also deprived the conference organizer, ADAPT (petitioner no. 2) and all of the attendees of the opportunity to hear her thoughts and experiences, and prevented her from providing her analysis of the Indo-German project under review.

We may mention, at this stage, that SpiceJet had sent a letter to petitioner no. 1 apologizing for the incident. However, according to the petitioners, the SpiceJet tried to trivialize the incident by just mentioning that 'inconvenience caused' was 'inadvertent'. It is also mentioned in the petition that before approaching this Court she had submitted a compliant to the Ministry of Social Justice and Empowerment about the incident as well as to the Commissioner for Persons with Disabilities, West Bengal and the Chief Commissioner for Persons with Disabilities, Government of India. Both had issued show cause notices to SpiceJet in response to which petitioner no. 2 was informed that a refund for flight, less ?1,500/- as a cancellation fee from the airlines on which the return luggage had been booked through Jet Konnect, will be made. The petitioners perceive it as sprinkling salt on their wounds.

[…] 4.10(b) Once a passenger has bought a ticket for travel, it is obligatory on part of the airline that he reaches the aircraft from the departure lounge, and at the end of the journey from the aircraft to the arrival lounge exit, without incurring any further expenditure.

(3) Regarding wheelchair usage (S.No.6), though the Committee had recommended that the passengers with disabilities should be allowed to retain the use of their wheelchair, this has not been accepted keeping in view the safety of aircraft operations. The concern of the respondents may be justified to some extent, but we still feel that this aspect be reconsidered, viz. whether it would be feasible to allow such passengers to use their wheelchairs, at the same time imposing conditions which may take care of safety. We say so because of the reason that in the Committee there were representatives from security agencies as well and still such a recommendation is made which implies that the members of the Committee would have kept in view the safety norms and yet made this recommendation as it appeared to be feasible to them.

(7) At S.No. 17, the aspect of training and sensitisation is dealt with. This is one aspect which needs serious attention. No doubt, some provisions are made in CAR, 2014 with regard to training that is to be provided to the staff and security personnel dealing with persons with disability or reduced mobility. We impress upon the official respondents to draft a suitable module for such training which ensures that the staff and security personnel, who are trained in this behalf, are suitably sensitised. It hardly needs to be emphasised that unless such staff is sensitive to the needs of persons with disability or reduced mobility and is properly equipped to take care of such passengers with the empathy that is required, whatever mechanism is put in place is not going to be successful. Therefore, we urge upon the respondents to prepare such training modules, the manner in which training is to be provided and ensure that the airlines as well as airports conduct such training programmes, at regular intervals, for the concerned officials who are supposed to deal with these passengers.

(8) Equally important is the issue of offloading of passengers (S.No.19) which needs to be taken care of with all seriousness it deserves. We are of the view that suitable provision in the training module itself be provided in this behalf as well.

We direct that the official respondents, in consultation with other departments as mentioned above, shall consider the aforesaid aspects, and even other aspects which deserve such attention but may not have been specified by us, within a period of three months and on that basis whatever further provisions are to be incorporated should be inserted.

With this, we address ourselves to the relief claimed by Jeeja Ghosh against respondent No.3 – SpiceJet Ltd., i.e. prayer (d) of the writ petition.