1998 (12) TMI 606 - SC - Indian Laws

Supreme Court Directive: Equal Air Travel Rights for Persons with Disabilities

The Supreme Court addressed the implementation of the Persons with Disabilities Act, emphasizing the formation of Co-ordination Committees and directing ... - Issues:1. Implementation of the Persons with Disabilities Act, 19952. Constitution of Central and State Co-ordination Committees3. Concession for disabled persons by Indian Airlines4. Discriminatory treatment towards disabled persons5. Granting concessions for air travel to disabled personsAnalysis:1. Implementation of the Persons with Disabilities Act, 1995:The petitioner filed a Writ Petition seeking direction for the implementation of the Persons with Disabilities Act, 1995, alleging that despite the Act being operational, no effective steps were being taken for its implementation. The Act aimed to provide opportunities for full participation of people with disabilities and prevent discrimination. The petitioner, being orthopedically impaired, highlighted the shortcomings in implementing the Act by various organizations. The Supreme Court noted the importance of the Act's objectives, emphasizing the responsibilities of the State towards disability prevention, rights protection, medical care, education, and integration of disabled individuals into society. The Court urged the Committees established by the Central and State Governments to earnestly work towards achieving the Act's objectives.2. Constitution of Central and State Co-ordination Committees:The Court issued notices to State Governments and Union Territories regarding the constitution of Central and State Co-ordination Committees under the Act. The Union of India and different States filed affidavits indicating the formation of these Committees. The Court acknowledged the constitution of most Committees and expressed trust in their ability to fulfill their obligations under the Act. The Court emphasized the need for these Committees to work diligently to ensure the comprehensive development and equal opportunities for persons with disabilities.3. Concession for disabled persons by Indian Airlines:The petitioner raised concerns about Indian Airlines not providing concessions to disabled persons for air travel, except for visually impaired individuals. Indian Airlines argued that their economic constraints limited their ability to grant further concessions. However, the Court recognized the Act's spirit and objectives, emphasizing the need to create a barrier-free environment and integrate disabled persons into society. Considering the difficulties faced by orthopedically impaired individuals in train travel, the Court directed Indian Airlines to grant concessions to those with locomotor disabilities of 80% and above, similar to concessions provided to blind persons, upon submission of a medical certificate.4. Discriminatory treatment towards disabled persons:The Court deliberated on the discriminatory treatment towards disabled persons, particularly those with locomotor disabilities, in terms of concessions for air travel. While acknowledging economic considerations, the Court balanced the need for concessions with the Act's objectives of equal opportunities and social integration for disabled individuals. The Court's decision aimed to address the challenges faced by persons with locomotor disabilities in accessing air travel facilities.5. Granting concessions for air travel to disabled persons:The Court's directive mandated Indian Airlines to provide concessions to individuals with locomotor disabilities of 80% and above, similar to concessions granted to visually impaired persons. The decision required disabled individuals to obtain a medical certificate confirming their disability percentage to avail of the concession. The Court's decision aligned with the Act's principles of equal opportunities and social inclusion for persons with disabilities, ensuring fair treatment and accessibility in air travel.In conclusion, the Supreme Court's judgment addressed the implementation of the Persons with Disabilities Act, emphasized the formation of Co-ordination Committees, and directed Indian Airlines to provide concessions to disabled individuals with locomotor disabilities, reflecting a commitment to inclusivity and equal rights for persons with disabilities.