Why is it a billion dollar question?q
Some where in the middle of 2007 I was invited from Chennai to attend meeting in Delhi by National Trust a statutory body under the Ministry of Social Justice and Empowerment, Government of India little did I know of the airlines' bias against persons with disabilities. I was booked to fly on an Air Sahara flight. I was not allowed to board the aircraft by the airline staff as it deemed that I was not fit to fly and that he needed an escort or a "fitness to fly" certificate. I tried explaining saying that I was a frequent flyer, but the staff wouldn't relent. They even called in the police to send me out of the airport. A couple of policemen recognised me as a frequent flyer and tried to intervene on my behalf but the airline staff refused to listen. The flight took off without me.
This incident led to the formation of Civil Aviation Rules for the Carriage of Persons with Disabilities and Reduced Mobility in 2010 and was amended in 2014.
2011, at IGI airport Delhi, a group of us were returning from a meeting. Here again, i was coming from a Government of India meeting. The security at the airport said that they cannot let the personal wheelchairs of the group near the aircraft. We had a long argument which lead to the group almost missing the flight had it taken off on time.
In February 2017 I was traveling from Bhopal to Chennai. The person at the Jet Airways counter informed my wheelchair assistant from the airlines to make me sit on a nearby chair and get the wheelchair screened. i reached the security check. There again as usual the security personnel asked me if i could stand up. I said, i cannot. Then he murmured something and frisked me. But again asked the wheel chair to be screened. In Bhopal the flight was put on an aerobridge, but i was carried up the backdoor as a backdoor entrant and as a sack of baggage by 4 people on a small aisle chair without even a seat belt. After landing in Mumbai, i was brought down the same way and was almost dropped by the airline staff. My wheelchair was not be given to me at the door step without shouting and fighting. Subsequently i shifted to my wheelchair, my 5th transfer since i reached the airport in Bhopal. Once i reached the boarding gate of my connecting flight the leading staff noticed that i had permission to take my wheelchair only till Mumbai and not up to Chennai. Remember all this is happening in the middle of the night!! Then my friend has to rush to the counter and get the stamping done.
In March 2022 The US Bangla airline first charged me for my wheelchair and made Balu to sign an indemnity form. I was on my way to Dhaka from Chennai. When I was returning from Dhaka to Chennai and was again traveling by US Bangla Airline. Another incident happened. The airlines didn't charge. They didn't provide any support service still I made noise for support otherwise we would have missed the flight. When we asked for support the person at the boarding gate asked us did you pay for the service we said no one asked us to pay. I reached the flight I realized they are going to lift me up stairs In my wheelchair. I reached inside the flight. My wheelchair couldn't go inside the flight. They were planning to carry me to the seat I refused to be carried. One of the crue members told my friend that if this is the case we will not be able to fly him. I crawled to the seat. Same crue member to the seat and again said to balu that the captain is saying we can't carry unruly passengers. In between another crue member came and asked balu if I have fit to fly certificate. My friend said he is frequent flier and he doesn't need one.
Some of the experiences of other air travelers with disabilities
"Jeeja Ghosh a person with cerebral palsy a teacher at Kolkata's Indian Institute of Cerebral Palsy, was to fly to Goa on 19 February to attend a conference and deliver a lecture on bringing the differently-abled into the mainstream but was offloaded as pilot refused to fly with her on board."
FirstPost 21st February 2012
"In another case of violation of rules regarding ‘air transportation of the disabled’ and sheer insensitivity, a woman with an autistic child was recently told by Air India staff that they “do not accept passengers with any mentaldisability/challenge/autism.”
Though she took up the matter with the board of directors, Air India, and they wrote back to her saying that the incident will be investigated, there was no word of assurance that her son will be allowed to fly with the airline in future"
Deccan Herald 10th July 2014
"Professor Anita Ghai of Ambedkar University, Delhi was returning to the capital from the Indian Institute of Advanced Study in Shimla. While everything went almost according to protocol at Dehradun airport (even there, there was no aisle chair inside the aircraft), the airline, Air India, denied her a wheelchair when they landed in Delhi. After spending almost an hour waiting after the aircraft had landed (first in her seat and then outside the door of the aircraft), she was left little choice but to crawl to the coach. A wheelchair was only brought once she reached the arrivals hall. She requested the airline to at least take her personal wheelchair out of the hold if they did not have one available, but they said this was not possible."
Wire 2nd February 2016
"Sanjay Jain, associate professor at ILS Law College, travelled solo to Johannesburg to attend a disabilities conference. He was booked to fly Air Tanzania and return on Etihad via Abu Dhabi. He called up the airlines for assistance a week before his flight.“Air Tanzania promptly responded to my request for assistance with boarding.” With Etihad, it was first a no, then a yes on day two, provided he produced a medical certificate. “Then they agreed to assist, but refused to send a mail or a screenshot or some kind of documentation that I could rely on as proof, if they eventually denied help at the airport. It was quite stressful,” he said."
Times of India
The above rules say
"Once persons with disability or reduced mobility report at the airport with valid booking and intention to travel, the airline shall provide assistance to meet their particular needs and ensure their seamless travel from the departure terminal of the departing airport upto the aircraft and at the end of the journey from the aircraft to the arrival terminal exit, without any additional expenses.
No airline should refuse to carry persons traveling in a stretcher or incubator or persons with severe mobility impairments and persons with autism, Cerebral Palsy, mental retardation and multiple disabilities, if they are accompanied by an escort who will be responsible for them and their needs of embarking, disembarking, during flight, and during emergency evacuation. However, the airlines shall provide necessary assistance to persons with hearing or vision impairments in case they wish to travel alone without an escort.
Persons with disabilities not holding any certificate may also be provided necessary assistance as well as the aids such as wheel chairs, ambulifts etc. In such cases during ticketing the individuals' degree of disability and his need for assistance may be confirmed.
All airlines should provide assistance to meet the particular needs of the persons with disabilities and persons with reduced mobility, from the departing airport terminal to the destination airport terminal without any additional charge.
No Medical clearance or special forms shall be required from persons with disabilities or persons with reduced mobility who only require special assistance at the airport for assistance in embarking/ disembarking and a reasonable accommodation in flight, but are otherwise independent."
What do International Civil Aviation Organizations rules say
"Person with disabilities. Any person whose mobility is reduced due to a physical incapacity (sensory or locomotor), an intellectual deficiency, age, illness or any other cause of disability when using transport and whose situation needs special attention and the adaptation to the person’s needs of the services made available to all passengers.
Aircraft operator. A person, organization or enterprise engaged in or offering to engage in an aircraft operation. For the purposes of this manual, the term also includes operators operating under code sharing and wet-leasing arrangements.
1.1 All procedures forming part of an air travel journey, including reservations, check-in, immigration and
customs, security clearances, transfers within airports, embarkation and disembarkation, departure, carriage and arrival should be adapted to the needs of persons with disabilities in order to facilitate the clearance and air transportation of such persons in a dignified manner.
1.2 In some instances, the aircraft operator with whom the passenger enters into a contract of carriage may be a separate entity from the actual aircraft operator. Aircraft operators should ensure, as far as possible, that the services that they provide to persons with disabilities are also provided by the operator that operates their flights
1.4 The service provided at the request of persons with disabilities should be professional and “seamless”, that is, with no points at which such persons may be left stranded or without assistance.
1.5 Seamless is a concept that includes a comfortable, safe and uninterrupted journey, with the provision of assistance that is adapted to the needs of each individual person with disabilities.
1.6 Aircraft operators should not refuse to transport persons with disabilities on the basis of their disabilities
except for safety requirements.
1.7 Assistance to meet disability-related needs should be provided without charge to persons with disabilities.
2.1 Training for all staff in the chain of the air travel service delivery is vital for providing quality service to persons with disabilities in a consistent and respectful manner. It is essential that staff know their responsibilities and are able to perform them. Training should address the attitudinal, environmental/physical and organizational barriers that affect persons with disabilities in air transportation. Training should prepare staff to provide assistance to persons with disabilities in a manner that respects their dignity, and as a professional service to which the person is entitled, rather than as a favour or compassionate gesture.
Manual on Access to Air Transport by Persons with Disabilities
By
International Civil Aviation Organization
The 75th IATA Annual General Meeting:
1. AFFIRMS the commitment of all member airlines to provide safe, reliable and dignified travel for people with disabilities and calls upon all other air transport sector stakeholders to do the same;"
IATA CORE PRINCIPLES ON PASSENGERS WITH DISABILITIES
"Persons with disabilities are important to the air transport sector. This is why IATA has developed these practical principles to help airlines work collaboratively with regulators and to provide a safe and satisfying travel experience to their valued customers.
Policy Principles
CP1. Accessibility: The air transport sector should continue to promote inclusiveness and universal
accessibility for all passengers, including for persons with disabilities.
CP2. Common Definition: National legislation (and supranational regional instruments) should apply a common, inter-operable definition for passengers with disabilities. National law definitions should be consistent with the relevant standards of the International Civil Aviation Organization (ICAO), including those under Annex 9 to the Chicago Convention.
CP3, national legislation on passengers with disabilities should be harmonized to the greatest extent practicable. The principle of harmonization should apply equally to the policies, procedures and practices implemented pursuant to national legislation.
CP4. Clarity: National legislation should be clear and unambiguous in its terms. Such legislation should not infringe treaty obligations or other obligations of international law.
CP5. Consultation: Regulators should consult with the airline industry and other air transport sector
stakeholders well before legislation, policies, procedures or practices are adopted. Such
consultation processes should be transparent and meaningful.
CP6. Impact assessment: Regulators should undertake a comprehensive impact assessment that
deals with the costs and benefits of any proposed regulatory action.
CP7. Fair application: National legislation should contain safeguards to prevent exploitation of the
system for personal convenience.
Process Principles
CP8. Assistance: Airlines should assist passengers with disabilities in a manner that takes into account the best interests of the passengers, relevant safety regulations and operational realities.
CP9. Guidance: Airlines should provide clear guidance to passengers with disabilities on their requirements for the carriage of mobility devices and medical equipment.
CP10. Training: Airline and aviation service staff should be supported by their employers in acquiring and maintaining the proper knowledge, skills and abilities to provide passengers with disabilities a seamless and dignified travel experience.
CP11. Reducing burdens: National legislation should be balanced in its application and should not impose disproportionate or impracticable burdens on airlines.
CP12. Communication: Regulators should strongly encourage passengers with disabilities to provide pre-notification of their needs in advance of their travel.
CP13. Coordination: Air transport sector stakeholders and governments should coordinate their approach in order to deliver consistent end-to-end service to passengers with disabilities regardless of location and national borders."
IATA RESOLUTION ON PASSENGERS WITH DISABILITIES
What prevents the Government, Airlines, Airports Authority from implementing the laws and in using the technology for easy movement of all persons with disability and reduced mobility? Will the dark tunnel see some light at the end?!! A BILLION DOLLAR QUESTION WITH NO ANSWER.
CP4. Clarity: National legislation should be clear and unambiguous in its terms. Such legislation should not infringe treaty obligations or other obligations of international law.
CP5. Consultation: Regulators should consult with the airline industry and other air transport sector
stakeholders well before legislation, policies, procedures or practices are adopted. Such
consultation processes should be transparent and meaningful.
CP6. Impact assessment: Regulators should undertake a comprehensive impact assessment that
deals with the costs and benefits of any proposed regulatory action.
CP7. Fair application: National legislation should contain safeguards to prevent exploitation of the
system for personal convenience.
Process Principles
CP8. Assistance: Airlines should assist passengers with disabilities in a manner that takes into account the best interests of the passengers, relevant safety regulations and operational realities.
CP9. Guidance: Airlines should provide clear guidance to passengers with disabilities on their requirements for the carriage of mobility devices and medical equipment.
CP10. Training: Airline and aviation service staff should be supported by their employers in acquiring and maintaining the proper knowledge, skills and abilities to provide passengers with disabilities a seamless and dignified travel experience.
CP11. Reducing burdens: National legislation should be balanced in its application and should not impose disproportionate or impracticable burdens on airlines.
CP12. Communication: Regulators should strongly encourage passengers with disabilities to provide pre-notification of their needs in advance of their travel.
CP13. Coordination: Air transport sector stakeholders and governments should coordinate their approach in order to deliver consistent end-to-end service to passengers with disabilities regardless of location and national borders."
IATA RESOLUTION ON PASSENGERS WITH DISABILITIES
What prevents the Government, Airlines, Airports Authority from implementing the laws and in using the technology for easy movement of all persons with disability and reduced mobility? Will the dark tunnel see some light at the end?!! A BILLION DOLLAR QUESTION WITH NO ANSWER.
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