On Sunday (19 February 2012), Jeeja Ghosh, a 43 year old woman with celebral palsy, reached Kolkata airport to catch a SpiceJet flight to Goa. Ghosh, head of advocacy and disability studies at Kolkata’s Indian Institute of Cerebral Palsy (IICP), is a frequent flyer. In Goa, she was to participate in a conference on ‘mainstreaming disability’. Moments before the plane was to take off, the pilot allegedly asked the airline crew to de- board Ghosh. A post graduate in social work and disability studies from University of Leeds, Ghosh became latest victim of discrimination meted out by another airline to persons with disability in India.
In May 2007, Rizwan Jaafri, a celebral palsy patient was not allowed to board an Indigo flight to Mumbai. In June 2007, Jetlite airline did not allow wheel- chair borne Rajiv Ranjan to board the flight. In May 2011, Kingfisher airline deplaned a blind woman from a Mumbai-Goa flight. In September 2011, GoAir did not allow a blind woman board a Mumbai-Ahmedabad flight.
Javed Abidi, convener, disability rights group, talks to Firstpost about the way airlines treat passengers with disabilities and why he thinks such cases will keep on happening.
What is your reaction to the Jeeja Ghosh case?
Jeeja Ghosh’s is a water tight case in which the airline gave her the boarding pass, she boarded the aircraft, was seated and then was asked to de-board.
In this particular case, there is lot of anger against the pilot of the airline (SpiceJet) because supposedly it was on his direction that Jeeja Ghosh was asked to de-board the flight. We have demanded that he (pilot) should make a public apology. Also, there should be a fine of at least Rs 1 crore.
Javed Abidi spoke to Firstpost in Delhi. Naresh Sharma, Firstpost
But speaking about the overall situation, I believe that we should move away from the pilot and focus on the system. Instances like these have been happening regularly. Unless some strong action is taken, this will continue to recur.
You are a paraplegic and moves on wheel-chair. Have you ever been in such a situation like what Jeeja faced?
There have been occasions when the airline has asked me to fill up some forms and do paper work. But that was it.
Who do you think is at fault in Jeeja Ghosh case and other similar cases?
The government is at fault. This is because unless the government or the ministry of civil aviation takes strict action against errant airlines, such cases will keep on happening.
What does the law say about persons with disability, accessing airplanes?
The Disability Act, 1995, talks about accessibility in the aircraft. But it is a very limited piece of legislation. It is silent on what will happen in case of violation of law.
In 2007, director general of civil aviation (DGCA) formulated guidelines on carriage of air by persons with disability and/or persons with reduced mobility. These guidelines became effective from 1 May 2008 and are treated as CAR or civil aviation requirements (DGCA has CARs on various subjects). Clause 4.1 of the guidelines clearly says that no airline shall refuse to carry persons with disability. Even their assistive aids, escorts and guide dogs can fly with them provided such persons inform the airlines about the same at the time of booking.
Did the scenario change after DGCA guidelines came into force?
No. What is surprising is that the number of such cases has not reduced despite these guidelines.
For every one reported case, there must be at least 10- 15 unreported cases.
It was a different thing, if one such case was happening every year. But the numbers are really large.
What is the procedure for lodging complaint when an airline is found violating DGCA guidelines for persons with disability?
The victim can bring the matter to the attention of the managing body of airlines, airport other concerned authorities, as the case may be. They will ensure speedy and proper redress of these complaints.
Is the problem specific to India’s domestic airlines or have you noticed the same in international careers also?
There is a huge visible difference when I fly on international careers. The staff of international carriers is very well trained to deal with such cases.
Is lack of proper training of flight crew also a reason why you think persons with disability feel themselves in such situation?
Yes. The airline staff in India does not know what to do in cases like Jeeja Ghosh. DGCA guidelines say that every three years the airlines and airport management shall conduct refresher courses for airlines staff which will sensitise them about passengers with disabilities. But airlines do not take these guidelines seriously.
Why, according to you, are airlines casual about the guidelines?
Because there is no deterrent. As long as people think that can do it and get away with it, they will continue doing it. If the government gives an exemplary punishment, it will set out an example.
Sometimes the argument given is that since the passenger cannot take care of himself, it would be a problem for himself and fellow passengers in case there is an emergency mid- air. What do you have say?
Here, my question is what is the guarantee that I will be safe with a fit person? What if that fit person dies in an emergency? If a person has decided to fly alone for whatsoever reason, the airline cannot deplane him or her.
