Indigo’s recent refusal to board a specially-disabled child reflects badly on the airline, but is another example of how India repeatedly fails people with disabilities or special needs. Although IndiGo seeks to protect the unforgivable, it is clearly not only a violation of the Supreme Court judgment in the Giza Ghosh case, but also a violation of the Civil Aviation Requirement to carry persons with disabilities and / or degraded persons by air. Mobility. The rules explicitly state that “once persons with disabilities with valid booking and travel intent report at the airport or less travel, the airline will provide assistance to meet their special needs and ensure their uninterrupted travel – at no extra cost.” It also called on airlines to train their staff in dealing with people with disabilities.
But the realization from the Indigo incident was that the training provided by the airline was ultimately ineffective and did not develop any meaningful sensitivity. Worst of all, Indigo not only offered the victim’s family an electric wheelchair as compensation for their arson and humiliation, it also doubled the decision to refuse boarding. It is only fair that the Directorate General of Civil Aviation (DGCA) has started an investigation into the incident. As general secretary of the National Platform for the Rights of Persons with Disabilities, Muralitharan noted that the Civil Aviation Regulatory Authority itself did not take action against airlines for violations listed in Schedule VI of the Aircraft Rules 1937, especially in relation to violations. 133A. So, if the state seems to provide only lip service for the rights of persons with disabilities, can Indigo alone be blamed? Indeed, in Giza Ghosh, the Supreme Court noted that “the issue of the rights of persons with disabilities … creates an obligation for the state to take positive action … It is a sad remark that this perception has not been submerged. Mind and soul. ” Indifference to the rights of persons with disabilities would violate the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007.
There is an effective framework in Indian law. The Rights of Persons with Disabilities Act 2016, for example, highlights the broad functions of the state to ensure awareness about disability and non-discrimination. The failure is clearly in the implementation of certain laws. There is no doubt that airlines have a responsibility to ensure the safety of passengers and to reject boarding / de-boarding persons if it is at risk or under threat. But that responsibility cannot be borne for greater harm – to protect the dignity of persons with disabilities. In its judgment, the Supreme Court asked the DGCA to consider the applicants’ recommendations for fine-tuning its rules to make regulatory architecture more responsive to the rights of persons with disabilities. Current events will indicate that the Supreme Court’s directives have not been acted upon অথবা or, otherwise, the change is merely in name.
Indigo is the latest symbol of total social indifference towards such people. Negative attitudes about disability are deeply rooted in tradition, and awareness is a huge challenge. It has recently been included in the disability census data. The number of persons with disabilities was greatly underestimated in the 2011 census. The government is not active enough. For example, the Accessible India campaign, launched in 2015 to make transport and public spaces accessible to people with disabilities, fell far short of its target, forcing timeline revisions frequently.