Syllabus: GS2/ Social Justice
Context
- The Supreme Court has sought responses from the Union government and key aviation authorities on a petition alleging systemic accessibility failures faced by Persons with disabilities (PwDs) across the air-travel journey.
Disability Scenario in India
- A “person with disability” is someone who has a long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders their full and effective participation in society equally with others. (According to The Rights of Persons with Disabilities Act, 2016).
- According to Census 2011, there are 2.68 crore persons with disabilities in India which constitute 2.21 percent of the total population.
Problems Faced by Persons with Disabilities (PwDs)
- Loss of mobility: Crucial personal assistive equipment, including specialised battery-operated wheelchairs, are found regularly damaged, misplaced, or outright denied loading into aircraft held by ground handling staff.
- In-flight systems fail to incorporate accessibility settings, leaving visually handicapped passengers unable to call cabin crew or access basic safety information on foreign scheduled air transport services.
- Digital exclusion: Inaccessible airline websites, apps and payment systems prevent visually impaired passengers from independently booking, checking in or requesting assistance.
- Communication gaps: Audio-only announcements exclude passengers with hearing disabilities, while visual-only alerts exclude those with visual disabilities, particularly during gate changes and emergencies.
- Grievance Redressal: Accessibility-related complaints often get absorbed into generic customer-service systems, making it difficult to secure specialised and timely resolution.
Constitutional Provision
- Article 14 guarantees equality before law and equal protection of laws.
- Article 21 protects life and personal liberty and has been judicially interpreted to include the right to live with dignity.
- Article 19(1)(d) guarantees citizens the right to move freely throughout India, subject to reasonable restrictions.
Key Judicial Interventions
- Jeeja Ghosh v. Union of India, 2016: The SC ruled that forcibly deboarding a person with a disability from an aircraft without proper medical evaluation or legal justification violates fundamental human rights, equality, and dignity.
- Arushi Singh v. Union of India (2024): The SC examined accessibility issues in air travel, including assistance and security screening, and directed measures such as real-time information regarding wheelchair availability and sensitisation of airport personnel.
Measures taken by India
- The Rights of Persons with Disabilities Act, 2016, adopts a rights-based approach towards disability and provides for equality, non-discrimination, accessibility and reasonable accommodation.
- The Accessibility Standards and Guidelines for Civil Aviation, 2022, prescribe accessibility requirements for airports, airlines and other aviation stakeholders.
- India is also a party to the UN Convention on the Rights of Persons with Disabilities (UNCRPD), which recognises accessibility as essential for equal participation.
- Sugamya Bharat Abhiyan (Accessible India Campaign): Launched in 2015, the Campaign addresses long-standing barriers faced by persons with disabilities.
- It focuses on three key domains — built infrastructure, transport systems and information and communication technology (ICT) — ensuring equal access and participation for all.
Way Ahead
- Accessibility-by-design: Airports, airline websites, mobile applications and passenger-processing systems should follow universal design principles from the beginning rather than relying on retrofitting after complaints arise.
- Digi Yatra and airline digital platforms should undergo regular accessibility audits for screen-reader compatibility, accessible authentication, payment systems and alternative modes of verification.
- Grievance mechanisms: Airports and airlines should establish clearly identifiable accessibility help desks and grievance channels with time-bound resolution and institutional accountability.
- Accessibility Audits: Independent accessibility audits involving organisations representing PwDs can identify barriers that may remain invisible to administrators designing systems without lived experience of disability.
Source: TH
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