Kingfisher Airlines discriminates against Lady Passenger with Visual Disability

Dear Friends,

If what we hear from the Mid Day coverage is true, this is yet another gruesome incident of discrimination & the inhuman, cruel and indecent behaviour of the Airlines crew (Kingfisher Airlines this time)  with a lady passenger with visual impairment and her two young children. Such incidents only go on to prove that Kingfisher doesn't spend much on the mandatory disability equality training of their staff and each time Mr. Vijay Mallya has to issue a public apology!  But is that the answer? Will a public apology undo the shock, torture and inhuman treatment meted out to a lady passenger with disability?

The Civil Aviation Requirement (CAR) on Carriage of Persons with Disabilities and Persons with Reduced mobility amply clarifies to all airlines in section 4.4 to conduct disability awareness training for all crew member before posting them and then a refresher course every three years. The extract of section 4.4 is as below:

"4.4         All airlines and airport management shall run program for their staff engaged in passenger handling e.g. cabin crew / commercial staff including floor walkers and counter staff etc. for sensitization and developing awareness for assisting passengers with disabilities. The training program shall be conducted at the time of initial training and a refresher shall be conducted every 3 years on the subject. Only such persons who have current course shall be assigned to handling disabled persons. The training program should interalia, include assisting disabled persons in filling up travel documents as may be required while providing assistance in flight."

This is mockery of their own CAR referred above as well as the Article 14 Part III of Constitution of India that ensures equality and not to forget the Persons with disabilities (Equal Opportunity,  Protection of Rights and Full Participation) Act 1995 read with UN Convention on Rights of Persons with Disabilities to which India is a signatory. 

This is a worst example of how erratic &  deficient the services are when it comes to persons with disabilities. The Kingfisher website in their section on Special Needs Passengers, continue to insist on filling up MEDIF form and also insist for medical certificate from the Visually impaired or hearing impaired guests against all settled norms of Civil Aviation Requirement. The instruction on the website says: 

"We wish to make your travel experience as comfortable as possible. And we have special facilities for our guests with special needs. 

Visually impaired or hearing impaired guests: If you require meet-and-assist service, or if you need to be guided to or from the aircraft, please notify the booking agent and complete a MEDIF form or provide a medical certificate.

If there is any other special need with which you require assistance, please don’t hesitate to ask when you book your flight with Kingfisher Airlines. We will do everything we can to accommodate your needs"

Whereas, the CAR categorically mandates in section 5.1 

 "No Medical clearance or special forms shall be insisted 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, who otherwise do not require any additional assistance."

This incident has shocked the disability sector and this humiliation is shared by all of us. We treat this as a matter of grave concern and strongly condemn all such practices which exclude persons with disabilities or violates their equal rights at the whims and fancies of untrained ground staff. The senior management can no more escape with public apologies. Therefore, an immediate and stern action against the culprits is the need of the hour besides heavy penalties on the Airlife for this serious lapse to set a precedent. 

regards

Subhash Chandra Vashishth, 

Advocate Disability Rights, India

Here is the story covered by Mid Day

Click to read from Source: Mid Day

Kingfisher crew offloads blind woman with kids

By: Vedika Chaubey Date:  2011-05-21 Place: Mumbai

Airline makes them disembark from flight, leaves them unattended for nearly an hour and a half as aircraft takes off without them

A private airline made a blind woman and her two children disembark from her connecting flight to Goa and left them unattended for nearly an hour and a half while the plane took off without them.

Adding insult to injury, the airline's staff allegedly told the woman that she could not travel with two kids because she was blind.

Shabnam Mansuri (35) says the experience has made her realise the fallacy of thinking that she can be treated like everyone else despite her handicap.

On May 10, Mansuri was travelling with her sons Lukman (7) and 18-month-old Luftaan from Ahmedabad to Goa via Mumbai to meet her husband. Her tickets had been booked with Kingfisher Airlines.

"I boarded the Kingfisher flight from Ahmedabad and reached Mumbai, from where I was supposed to take a connecting flight to Goa. I had barely taken a seat in the connecting flight around 12.30 pm when a crew member came and asked me to follow him. He also asked me to take my cabin baggage and kids with me. Initially, I thought that he must be changing my seat, but realised something was amiss when he took me down some stairs," said Mansuri.

"I asked him why he was making me get off the plane but he refused to answer. When my kids and I got off, they closed the aircraft's doors and took off, leaving us standing there. One attendant told me later that I cannot travel with two kids as I am blind. I was shocked," she added.

She kept telling the attendant that she had two young kids and needed to meet her husband in Goa, but to no avail. Finally, close to 2 pm, a staff member came and told her that they would arrange for her to board a 4.40 pm flight to Goa.

"I did not want to bank on them anymore. I called my husband and he arranged for us to board another airline's 3.10 pm flight. My question is, how can they let me travel from Ahmedabad to Mumbai without any trouble and then say I cannot travel with two kids from Mumbai to Goa? I was travelling on the same airline in both cases," said Mansuri.

She said the experience was one of the worst she's had in her life. "I am blind but that doesn't mean they have the right to discriminate against me. I had paid the full fare and if they had some problems, they should have informed me before I boarded. My elder son is so traumatised by the incident, he says he does not want to fly anymore."

Husband reacts

Mansuri's husband, Samir, who is the Chairman of Blinds Dream, an NGO, wrote a letter to the airline to complain about the treatment meted out to her.

A portion of the letter states, "Kingfisher officials told my wife that if she thought they were cruel, she shouldn't travel with them anymore."

"What the Kingfisher staff did to my wife is shameful. They had done something similar with me in 2005 (see box) and I will not let them get away this time. They have replied to my letter but that is not enough. I will take this issue to the consumer court and will go to the Supreme Court if need be. This is an insult to me and my family and I will not tolerate it under any circumstances," said Samir.

He alleged that he had come to know that his wife was made to disembark because of a VIP booking at the last moment, which led to the flight being overbooked. "If their company cannot handle blind people, they should declare that visually challenged people are not allowed to fly Kingfisher," he added.

The Other Side

When MiD DAY contacted Kingfisher Airlines, they said they regretted the incident. Prakash Mirpuri, vice-president, corporate communications, Kingfisher Airlines Limited, said, "We are investigating the matter. In the meantime, we would like to convey our deep regret for the inconvenience that may have been caused inadvertently to our valued guests."

Earlier too

Dr Samir Mansuri, Shabnam's husband and a celebrity doctor who is also blind, had allegedly been insulted by Kingfisher Airlines in 2005 as well. According to Samir, he was travelling from Mumbai to Ahmedabad that year.

"I was first in the queue to board the flight, but I was made to wait till all the other passengers boarded. When I went inside, they forced me to visit a washroom outside the aircraft even when I did not want to go. They said they were doing that so I would't have to visit the airplane's loo when we were airborne. The crew told me that they could not allow me to use the aircraft's washroom as I am blind and there were female crew members on board," said Samir.

"I felt insulted and raised the issue in the media. Vijay Mallya then issued an apology for the indecent behaviour on the airline's part," he added.

Bamboo wheelchair to make metal detectors stay calm at Air Ports Security

Hi,


Persons with disabilities especially those who use wheelchairs for mobility have some reason to smile! Every time they passed through the Airport security the security devices and metal detectors would start buzzing the moment the wheelchair passed through them and then followed a very rigid regime of examination, questions and physical inspection. It was often humiliating and embarrassing!


Soon it may be done away with- provided Indian agencies also adopt it.  DGCA and aerodrome operators have to take lead to make this happen. We have a National Mission on Bamboo Applications (under Department of Science & Technology) Govt of India and Bamboo development Boards across states which can emulate this remarkable idea and build around this technology.


Here is what Japan Airlines has done. It has developed a bamboo wheelchair for use at Tokyo’s Haneda Airport in an effort to speed up security checks. This wheelchair allows passengers to pass through metal detectors at security gates in the airport more smoothly. Without causing the metal detectors to go off, traveling might become a little easier in the near future for people with disabilities. The frame of wheelchair is made entirely from bamboo with rubber tires and carbon wheels. Completely handmade, each wheelchair costs some ¥600,000($7,167). The project is partially financed by donations from celebrities, including baseball commentator Norihiro Akahoshi, a former Hanshin Tigers outfielder who suffered serious damage to his spinal cord while he was a player.


The Airline and a workshop in Oita Prefecture, which is known for bamboo production, worked on developing the chair together. The wheelchair has no materials made of metal and is 90 percent bamboo, including the brake gear. The parts which aren’t made of bamboo are the shock absorbers,  tires, wheels, and axles which are made of reinforced plastic. The chair has been proven to be quite comfortable and has passed endurance tests. The development of the chair has taken four years, and each chair is hand-crafted.


To have a look at how this wheelchair looks like and for further reading:  click on link Bamboo Wheelchair Eases Airport Security   

AirAsia capitalizes on its slogan "Now every one can fly"

Dear Friends,

Its encouraging to know that equitable and dignified flying for the elderly and those experiencing disability is now a major plank for not only CSR activities but also a way to giving boost to the airline business. AirAsia takes lead by representing at a Regional Conference of APCD. Read more on this news item in Travel Monitor section of Bangkok Post

Now everyone can really fly

(To read from the source click here)

Known more for its marketing genius than the quality of its low-cost seats, AirAsia again outpaced its rivals earlier this month by becoming the only travel-industry company to be represented at a regional conference on facilitating accessibility for people with disabilities (PwDs).

Although all airlines facilitate travel by PwDs, AirAsia has been faster at capitalising on the marketing and corporate social responsibility benefits of this service as an intrinsic part of its "now everyone can fly" marketing slogan.

With an estimated 400 million people suffering from disabilities in Asia Pacific, half of whom women, and 58 million in the Asean countries, the market opportunity is clear. As most PwDs also travel along with a care-giver, the prospective revenue stream doubles.

Although CEO Tony Fernandes himself did not make the presentation at an Aug 19-20 meeting on South-to-South Cooperation on Disability, he was robustly featured in its various slides, addressing and mingling with several beaming PwDs in wheelchairs.

The meeting was organised by UN Escap in cooperation with the Asia-Pacific Development Centre on Disability (APCD), Japan International Cooperation Agency (JICA) and the Ministry of Social Development and Human Security.
The objective was to assess progress made by countries in implementing the projects and programmes under the second Asian and Pacific Decade of Disabled Persons, 2003-2012 and to look into the prospects of initiating a Third Decade.

Tanin Kraivixien, the APCD president, said that for the first time, the focus of this year's meeting was the Asean sub-region in order to help create a sub-regional mechanism to cooperate in developing legislation and policies related to equal opportunities and inclusive development for PwDs.

He added: "The Asean sub-region can be a model sub-region to promote disability and development policies and legislation."

Noting that the APCD has more than 1,000 ex-trainees and approximately 200 associate organisations in Asia Pacific, Mr Tanin said that this year's meeting was "epoch-making since the social business sector has been invited to join."
AirAsia was represented by Kenneth Chan, chief for guest services, along with representatives from the Mall of Asia in Manila, Standard Chartered Bank, amongst others.
Mr Chan acknowledged that AirAsia's policies when it first began operations were not all inclusive. Guests with reduced mobility were not appropriately catered for. However, after representatives from organisations of people with reduced mobility met with AirAsia to challenge its "everyone can fly" slogan, the airline admitted it had been wrong and decided to fix it.

The result was an "inclusive" policy that seeks to boost the human capital development of staff as well as enhance the services and facilities offered to passengers. The airline also decided to "champion the cause of guests with reduced mobility with government authorities, airport management, ministries, etc."
Stressing that a lot more can be done by the region's airports to install better facilities and services for PwDs,

Mr Chan said AirAsia "engages in constant dialogues with organisations representing people with reduced mobility to gauge travel needs and requirements - these may change with the course of time, and we have to be very up to date to render the best services."

Nanda Krairiksh, director for social development of Escap, hailed the contribution of key innovators from the private sector who had been invited to offer their expertise and share their experiences.

"Viewing persons with disabilities as contributors to our region's economic dynamism as entrepreneurs, employees or an emerging market segment not only helps to change outmoded stereotypes that we are all fighting against but also enhances everyone's prospects for prosperity," she said.
There are many challenges still to be addressed: "How can we work together to develop inclusive societies that deliver the best services and products and increase accessibility overall for persons with disabilities? How can we serve as mentors and models of change for others?," she asked.

Tackling complex problems requires innovation, "which is best achieved when many minds are strategically working together in an atmosphere of mutual trust, where yesterday's strangers are transformed into tomorrow's allies.

"While many existing laws, policies, plans and schemes might adopt ideal and inspirational language, significant implementation gaps, in terms of statements on what should be done and what is actually done, exist. Hence addressing this shortcoming, whether in the context of discrimination or the provision of accessible environments, remains a crucial area for action if measures are to effectively cater for the needs of persons with disabilities."

Escap's priority is to promote the adoption and ratification by all countries of the landmark UN Convention on the Rights of Persons with Disabilities, which entered into force on May 3, 2008. So far, 88 countries have ratified the Convention worldwide.

Meanwhile, the first New Zealand Conference on accessible tourism, travel, and hospitality for people with disabilities and seniors will be held in Auckland on Oct 4 this year.

Further details: http://nztri.aut.ac.nz/accesstourismconference/index.html

Access violations at your own peril

Dear Friends,

Exemplary penalty of $500,000 has been imposed on AirTran  by the Department of Transportation’s Aviation Enforcement Office for continued violations of the rights of the passengers with disabilities in terms of The Air Carrier Access Act of 1986. The Act requires airlines to provide assistance to passengers with disabilities in boarding and deplaning aircraft, including the use of wheelchairs, ramps, mechanical lifts or service personnel where needed.

U.S. Department of Transportation rules also require carriers to respond within 30 days to written complaints about their treatment of disabled passengers, and to specifically address the issues raised in the complaint. In addition, airlines must submit annual reports to the Department on disability-related complaints from passengers, noting the type of disability and nature of the complaint.  However, it was revealed that the airliner not only failed to provide boarding assistance but also did not give proper response to the complaints of the passengers nor filed proper annual reports required by the rules.

Here is the coverage:  (Click here to read from source)


AirTran Fined for Violating Rules Protecting Air Travelers with Disabilities

The U.S. Department of Transportation (DOT) today assessed a civil penalty against AirTran Airways for violating rules protecting air travelers with disabilities.  The carrier was assessed a civil penalty of $500,000, of which up to $200,000 may be used to improve its service to disabled passengers beyond what is required by law.

“People with disabilities have the right to expect fair treatment when they fly, and we will continue to take enforcement action when their rights are violated,” said U.S. Transportation Secretary Ray LaHood.

The Air Carrier Access Act of 1986 requires airlines to provide assistance to passengers with disabilities in boarding and deplaning aircraft, including the use of wheelchairs, ramps, mechanical lifts or service personnel where needed.  U.S. Department of Transportation rules also require carriers to respond within 30 days to written complaints about their treatment of disabled passengers, and to specifically address the issues raised in the complaint.  In addition, airlines must submit annual reports to the Department on disability-related complaints from passengers, noting the type of disability and nature of the complaint.

An investigation by the Department of Transportation’s Aviation Enforcement Office of disability complaints filed with AirTran and DOT revealed a number of violations of the requirement for boarding assistance.  In addition, the carrier’s complaint files showed that it frequently did not provide an adequate written response to complaints from passengers.  AirTran also failed to properly categorize disability complaints in reports filed with the Department, the Aviation Enforcement Office found.

Of the $500,000 penalty, up to $60,000 may be used to establish a council to help the carrier comply with federal disability rules and hire a manager for disability accommodations.  Up to $140,000 may be used to develop and employ an automated wheelchair tracking system at AirTran’s major hub airports within one year that will generate real-time reports of the carrier’s wheelchair assistance performance.

http://www.tinyurl.com/2fjpdnl

Flying fair every step of the way

05 Apr 2009

The Hindu Business Line

New guidelines issued by the Director General of Civil Aviation (DGCA) this week state that when a passenger with disability or reduced mobility has bought a ticket it is “obligatory” on the part of the airline to ensure he/she reaches not only the aircraft but also the arrival lounge exit without incurring any further expenditure. Currently such passengers incur expenditure of Rs 200 for the wheelchair and Rs 2,500 for use of the ambulift for each journey on private airlines.

Immediate effect

Most of the guidelines come into effect immediately and will apply on both domestic and international airlines.

Persons with disabilities not holding any certificate shall also be provided necessary assistance as well as aids such as wheelchairs and ambulifts among others. “In such cases during ticketing or check-in the individual’s degree of disability and his needs for assistance may be confirmed. Airlines shall not refuse carriage in such cases,” the DGCA has said.

The airlines have been given July 31 as the cut off before when they shall have narrow aisle chairs which can move around in the aircraft cabin and be used for boarding and disembarking of passengers not travelling on stretchers. Currently most flights do not carry such chairs, thereby confining the passenger to the seat.

Online form

“It is most upsetting when an airline does not have an aisle chair to transfer a wheelchair passenger to his or her seat. I have experienced it in a private airline and complained about it,” says Ms Sminu Jindal, Managing Director, Jindal SAW, who is also founder of disability NGO Svayam which advocates access for people with disabilities.

The DGCA has also asked airlines to incorporate appropriate provisions in the online form for booking tickets so that all the facilities required by these passengers are made available to them at the time of check-in. Right now such passengers have to request for the wheelchair after reaching the airport.

To ensure that these passengers do not face any problems at airports, the DGCA has asked airlines to make advance arrangement with other agencies such as airport management to ensure that their movement within the airports is not restricted.

More clarity required

“We are happy that these issues are being addressed by fresh guidelines. But we want to warn that even after the guidelines were issued for the first time by DGCA in May 2008, many airlines did not implement them, causing passengers like us grave inconvenience. Even now the issue of ‘Fit to Fly’ certificates is hanging fire. Several international airlines and booking agents are insisting on this certificate before issuing the ticket,” said Mr Rajiv Rajan, Co-ordinator of the Disability Legislation Unit (South), a project of Vidya Sagar, Chennai. DLU had initiated the campaign to bring about these changes in June 2007.

Ms Meenakshi Balasubramanian, assistant co-ordinator of DLU, points out that certain sections of the new provisions lack clarity. “Who will decide on the individual’s degree of disability? Will you take the passenger’s word or will the airline insist on a panel assessing it at the airport,” she asks

Govt more sensitive

Ms Jindal, however, admits that she finds that the Government has been more sensitive to change than the private airlines. But implementation of the guidelines has been an issue. “When the DGCA first passed these rules in 2008, there was hardly any implementation by private airlines and we continued to have embarrassing incidents vis-À-vis access facilities at airports.”

Source: http://www.istockanalyst.com/article/viewiStockNews/articleid/3177378

Tips to make Travel by Place Accessible & Easier!

Dear Friends,

This one is from by Kim Donahue written for Disaboom which I thought would provide good reading for travellers experiencing disabiliites and those advocating the same.

Travel by Plane: Tips to Make it Easier (Click here to read from source: Disaboom)

Air travel is becoming more accessible as the airline industry is becoming more aware of the viable market people with disabilities represent. We as consumers with disabilities can make the most of every opportunity to educate the businesses that provide us with the goods and services when we tell them what we need.

Travelers with disabilities are encouraged to identify themselves to airline personnel and specify their needs. The more we let our needs be known, the more likely it is that our needs will be met. And that is good for everyone. We have listed below some tips we have discovered in our travels and a few we obtained from friends and colleagues who are independent travelers as well.

The greatest challenges for people with visual impairments when traveling by air are finding their seats, locating the washroom and identifying their luggage once they arrive at their destination. To make this process a bit easier, consider these pointers from travel experts:

- Before you start to travel be sure your itinerary is written out in large print.
- At the time you are making flight reservations let the airlines know about your visual impairment. Talk to an agent or review the airline’s website for information about traveling with a cane or service animal.
- When you check in at the airport identify yourself to an agent while pre-boarding. Staff will be there to help and will escort you directly to your seat.
- Once on board, count the number of seats there are to reach the washroom and the nearest emergency exit.
- Visually impaired travelers should know the exact size and color of their luggage to identify it in case it gets lost. A large colorful decal or logo on the outside of your bag can help to easily identify it at the baggage carousel.
- For wheelchair and scooter users planning is the key to have a safe and comfortable trip when traveling by air.

Plan Ahead

1. Reservations should be made as far in advance as possible, but be sure to confirm your reservation and any special request 48 hours prior to departure.

2. Identify yourself as a person with a disability and inform the reservation person that you will be traveling with a wheelchair or scooter.

3. Also request, if you will need them: a seat with movable armrests; an aisle chair for boarding; an accessible restroom; a bulkhead seat; or an aisle seat.

4. If you use a fold up manual wheelchair, you can request that it be stowed in the on-board coat closet. There is only room for one wheelchair and the service is available on a first come first service basis, so you should arrive early to make your request. Plus not all planes have a coat closet.

Wheelchair Damage Control

It would be a good idea to travel with your old, back-up wheelchair. Remove seat cushion and any other parts that could easily become separated from the chair. Take these items into the cabin with you. Or you can put the disassembled parts in the cardboard box and use bubble wrap to protect them from damage. Attach instructions on scooters or power chairs details how and where to disconnect the batteries, also instructions for any disassembly that may be required.

Airport Security

1. When going through security let the screener know your level of ability (e.g., whether you can stand or perform an arm lift).

2. Don’t hesitate to ask security personnel for assistance either to put your items on the X-ray belt, to monitor your items when you are in the X-ray inspection, or to reunite you with them once the screening process is completed.

3. Inform the screener about any special adaptive equipment or assistive devices that you are using and can’t be removed from your body so that alternative security procedures can be applied if needed.

Boarding and Deplaning

1. If you need assistance transferring to the plane seat, take responsibility for yourself and tell the staff how to help you or pick you up, etc. Yes, they should be trained, but you are always safer not assuming anything.

2. Before landing remind the flight attendant that you need your equipment brought to the gate so they can radio ahead to make the arrangements. This can help speed things up.

3. If you have any problems or damage ask to speak to the “Complaint Resolution Officer” (CRO). Each air carrier is required to have a CRO available by phone or in person at all times. This person is specially trained in dealing with problems that travelers with disabilities may encounter.

Dear Friends,

Some good news for the disability sector! Now DGCA CAR will have more teeth and every willful neglect or denial of customer facilties and services can lead to 2 years in prison and up to Rs. 10 lac as fine.

I hope these penalaty provisions would now make DGCA's CAR more effective and set accountability of the defaulters. The provisons should be used at every discrimination reported and needs to be circulated widely.

regards

SC Vashishth

To read the news from source click here: Airlines flouting safety rules will have to fork out up to Rs 10L fine

Saurabh Sinha, TNN

10 May 2009, 03:34am IST

New Delhi: Cost-cutting on aircraft maintenance, which endangers passenger safety, will soon cost airlines dear. The Directorate General of Civil Aviation (DGCA) has hiked the penalty for violation of rules on safety and passenger comfort — from a measly range of Rs 250-1,000 earlier, it is now a whopping Rs 10 lakh, on the upper limit. And the maximum punishment of one month at present is being enhanced to two years. Working on a philosophy of "zero tolerance for wilful defaulters", DGCA chief Nasim Zaidi is getting the stiff graded-penalty system readied, which will be implemented very soon.

Shockingly, the existing puny punishment has hardly ever been used and old timers don't recall a single case being pursued in any court for enforcement of even the few days' jail term. "There are rules called civil aviation requirements (CAR) for all important aviation sectors like flight safety and passenger rights.

Their violation is now being made a costly affair for airlines and we are going to have a separate team for ensuring that action is taken against defaulters," said a senior official. While laying down strict punishment, DGCA is also simultaneously planning to incentivise self-regulation as Zaidi does not want an inspector raj.

The DGCA has spelt out five levels of violations. Level one has the most important aspect of aviation — air safety — and any violation of CARs here will invite the maximum fine and/or jail term. The other critical areas where violation in aspects of security and safety checks, permit violations, flying over prohibited areas, and air worthiness would also attract the higher-end penalty.