Bombay High Court Constitutes Committee Under Former AP HC Judge To Look Into "Wheelchair Woes" Of Passengers At Airports

Observing that no citizen must suffer at the airports, the Bombay High Court on Tuesday constituted a three-member expert committee under chairmanship of former Andhra Pradesh High Court judge - Justice (retd) Goda Raghuram to look into the issue of non-availability of wheelchairs and other facilities for senior citizens, physically disabled citizens and even for children and women. 

A division bench of Justices Girish Kulkarni and Advait Sethna said providing wheelchairs at the airports to senior citizens and even to citizens, who may suddenly fall ill at the airport, or to physically disabled citizens, is the 'basic human right' which all the airlines must be providing by implementing 'highest international standards.'

The bench expressed 'displeasure' over a recent incident of an 80-year-old man, who travelled from New York to Mumbai and while walking towards the terminal at the Mumbai International Airport from his flight, he collapsed and died. He walked because he was not provided with his 'pre-booked' wheelchair. 

"Certainly, this incident ought to have been an eyeopener, not only for the concerned airline, but for the other airlines, indicating that there cannot be any laxity, negligence and sufferance on these basic requirements of the senior citizens. It is undoubtedly a collective responsibility of all the stake holders to look after the needs of the senior citizen travellers and those with special needs. The concerned staff dealing with passengers need to be sensitized on such issues so that a respectful and humane treatment is meted out to such travellers," the judges said in the order. 

The bench observed that the requirement of a wheelchair may not be an issue, confined only to the senior citizens, but it would also be relevant to those passengers, who are sick/ailing or suffering disability.

"Hence, it may be anybody including children. It is, therefore, certainly one of the most fundamental human requirement that appropriate facilities of such aid and assistance, to such 'persons in need' are provided by the airlines/airport operators and regime in proper co- ordination with different stakeholders need to be established. The DGCA has very fairly accepted the willingness to look into all these issues," the bench noted.

The judges, therefore, constituted a three member Committee under the Chairmanship of Justice Raghuram, one high ranking Official from the Directorate of Civil Aviation to be nominated by Director General of Civil Aviation (DGCA) and one Shirish Deshpande, who is the Chairman of Mumbai Grahak Panchayat, to deliberate on the issues, flagged by the court during the hearing on Monday (April 21).

The Committee has been ordered to hear the Civil Aviation Companies (Airlines), the Petitioners and/or representatives of the travellers, representative of the different Airport Operators, a Senior Official from the Department of the Disability Commissioner and any other appropriate parties as the Committee may deem appropriate.

"After receiving suggestions from all the stakeholders and on deliberation on the relevant issues arising for its consideration, the Committee shall make an appropriate report to the DGCA, recommending the essential requirements and norms which need to be introduced, for the consideration of the DGCA for effective implementation of the norms by the Civil Aviation Companies (Airlines) and the Airport Operators so as to enable smooth and comfortable travel of the senior citizens, persons with disabilities and persons with lack of mobility etc," the judges said. 

However, the bench clarified that the committee purely has a "recommendatory role" to be discharged in the larger interest of the air travellers with special needs and it is for the DGCA, ultimately, to consider the recommendations and take an appropriate call on the issue, as may be permissible in law.

In a detailed hearing held on Monday, the judges orally said that they do not want any traveller be it a senior citizen, a physically disabled citizen etc be facing any issue for not being providing wheelchair. The bench said that it wanted the airlines and the airports to 'prevent' the issue instead of focussing on the 'grievance redressal mechanisms.'

"We want preventive measures.... grievance redressal is not a good mechanism....A person may go to the airport all hale and hearty but may suddenly fall ill and require assistance… What happens then? Sometimes flights get delayed for hours. People like us can wait but what about the senior citizens? How can they be compelled to wait for all these hours? You cannot make them wait for the wheelchairs... There cannot be a system that you will give wheelchair only when they book it prior... Every day thousands of passengers are confronted with these issues... Thus, we are on the preventive aspect," Justice Kulkarni, remarked orally. 

The judges also asked the DGCA to impose hefty fines on the airlines, which fail to provide wheelchairs to such citizens in need, on time. The bench also asked the airlines to have a 'larger heart' for its travellers. It asked all the airlines to implement 'highest international standards' and make India, lead by example. 

"Once someone is providing a service it has to take care of basic human needs. Old age persons, senior citizens, children and even ill persons and persons with physical disability have very high rights rather have rights above the basic rights in every other country but unfortunately it is not happening in our country...they are given highest respect but not happening in our country..." Justice Kulkarni had observed. 

Notably, the judges were hearing two petitions, one by a 50-year-old woman suffering from acute arthritis, who raised grievances in relation to the ordeal she underwent while travelling from Colombo to Mumbai by Vistara in September 2023. She claimed that she and her octogenarian mother were denied pre-booked wheelchairs at the Mumbai airport.

The second petition was filed by a 53-year-old man, who too raised similar concerns over the non-availability of sufficient wheelchairs at Mumbai International Airport.

Now, the hearing in this case has been adjourned till June 30. 

Appearance:

Advocates Aseem Naphade, Nishtha Malik, Sonal Kochar, Bijal Soni, Deepanjali Mishra and Tejas Horambe instructed by NAS Legal Advocates, appeared for petitioners.

Additional Solicitor General Anil Singh along with Advocate Leena Patil represented the DGCA.

Senior Advocate Zal Andhyarujina along with Advocate Nitesh Jain, Hridhay Khurana and Arnav Bhansali instructed by Trilegal represented Air India.  

Advocates Shoma Maitra, Farid Karachiwala, Nipeksh Jain and Yuvraj Choksy instructed by Wadia Ghandy & Co. and J. Sagar Associates represented Mumbai International Airport Limited. 

Case Title: Monica Gupta vs Union of India (Writ Petition 667 of 2024)

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