Court: Supreme Court of India
Bench: Justice J.B. Pardiwala and Justice Pankaj Mithal
Case No. W.P.(C) No. 121/2024
Case title: Arushi Singh vs. Union of India
Date of Judgement: 12 November 2024
Brief Summary
On November 12, 2024 the Supreme Court disposed off a writ petition filed by Arushi Singh, a person with a benchmark disability, addressing an incident of alleged humiliation at Kolkata Airport. Singh reported being asked by security personnel to stand up from her wheelchair during security screening, a situation that left her feeling disrespected and violated. The Court affirmed that the guidelines proposed by the Union Government for treating persons with disabilities with dignity at airports would now be mandatory, also extending to elderly and injured passengers requiring wheelchair assistance.
Incident Leading to the Petition
Arushi Singh, a graduate of the National Law Institute University, Bhopal, and LL.M. holder from the National University of Singapore, recounted her experience on January 31, 2024. She alleged that she waited for approximately 20 minutes without assistance outside the airport and was subsequently asked to stand during security screening three times, despite her repeated explanations of her disability. The insensitivity allegedly displayed by Central Industrial Security Force (CISF) personnel prompted Singh to file the petition, seeking effective enforcement of relevant regulations, including the Rights of Persons with Disability Act, 2016, and the Accessibility Standards and Guidelines for Civil Aviation 2022.
Supreme Court Observations and UOI's Suggestions
A bench comprising former Chief Justice of India D.Y. Chandrachud and Justice J.B. Pardiwala had noted in earlier hearings that the issues raised required action by the Union of India. During the proceedings, a joint statement was presented, outlining several suggestions for ensuring dignified treatment of specially-abled individuals at airports:
1. Mobile Application for Wheelchair Availability: Real-time updates on wheelchair availability at designated airport points for easy access by users.
2. Mechanized Wheelchairs: Availability of mechanized wheelchairs for passengers traveling solo or in cases of delayed assistance.
3. Boarding Pass Coding: Incorporation of an alphabet code indicating the type of disability and a color scale denoting the severity of the condition.
4. Integration of Unique Disability Identity Database: Streamlining the ticket booking process by linking the database, enabling instant access to verified disability information for better assistance.
5. Specialized Kiosks for Boarding Passes: Contactless kiosks equipped with voice recognition and response technology to aid persons with disabilities.
6. Regular Sensitization Training for Airport Staff: Comprehensive and periodic training for airport staff, emphasizing understanding various disabilities and compassionate assistance.
Court’s Directives
The Court agreed with the petitioner’s counsel, Abiha Zaidi, that these suggestions should be treated as mandatory guidelines. The bench further emphasized that these measures should not be limited to wheelchair users but also include elderly and injured passengers requiring assistance. Importantly, it clarified that physical assistance already being provided at airports would not be withdrawn under these guidelines.
Concluding the matter, the bench remarked:
"We dispose of the Writ Petition in the aforesaid terms laying more stress on sensitizing the staff at the airport to be more compassionate towards the specially abled passengers."
Read the judgement
