Air India goes in defensive mode while discrimination continues

Dear Friends,

Air India has gone on defensive mode in the case of Anjlee Agarwal saying that they did provide a good aisle wheelchair for transfer perhaps thinking that persons with disabilities can be taken for granted and carried like a sac of potatoes and that they would still be thankful to the airlines for treating them that way! 

While it is appreciated that Air India does provide quality services being the national carrier most of the times, however, this doesn't save them from their liability for occasional slips in the quality of service. This incident necessitates that even quality of services needs to be defined in the revised  DGCA's CAR that we look at revising soon to bring more accountability on the part of all stakeholders and also to provide more teeth and quantifiable rights to persons with disabilities/elderly. 

Mani bundled in to the aircraft on a recline aisle chair

I remember when I travelled with Mr. Samuel Mani, an entrepreneur friend with cerebral palsy to attend an official event at Bangkok during 2007, I was scared to see how inhumanly and mechanically the airline staff bundled Samuel on an aisle chair and dragged him to his seat. I tried to intervene, however, they paid no heed and said they handle people like this on daily basis and it was not wrong.  
 

Instead of first row, he was given a seat much inside

The aisle chair that they used had two rear wheels and they literally dragged Mani to his seats somewhere in the middle of the aircraft while Mani- a person with cerebral palsy struggled, sweated and panicked due to unexplained mechanical handling. while one staff dragged the inclined chair, two held his hands forcefully since his hands were going all over to balance and as a result of sudden posture change!  On top of this, the staff kept commenting and making fun of Mani's inability to reach his seat of his own! 

I wondered why did they chose an aisle chair that did not support Mani's feet, chest and hands! And it seems after all the hue and cry and even after introduction of DGCA's CAR, the system has not improved at all.

A typical aisle chair for use within the aircraft

An example of typical aisle wheelchair will surely have four wheels, handrest, headrest, seat belt in X form, foot rests and foot belts. (Click here for an example). The one that Anjlee was loaded on was a two wheeled recline chair absolutely not fit for use by a person with disability. 

I also wonder on the high quality of service which necessitates "wheelchair passengers to be boarded first and deplaned last in order not to interfere with movement of other passengers." 

Given the circumstances that the toilets in the aircraft are absolutely not accessible, it is all the more traumatic and illogical to hold passengers on their seats for longer duration by putting such restrictions. On the contrary, it should be that they be boarded last and deplaned first to reduce the discomfort till they have accessible toilets on board. At least the wheelchair user can ease himself at the accessible toilets available at the airports!

Another issue is related to frisking of those travelling with assistive aids and devices. artificial limbs. Such travellers are often asked to remove their devices which is cumbersome and humiliating.  When the person is carrying all related documents to prove the genuineness of the equipment, it should be scanned mechanically rather than forcing them to physically remove it. The case of Sudha Chandran, the celebrated actress and dancer who lost her foot and uses an artificial Jaipur foot for mobility has been facing harassment and humiliation at major airports like Mumbai, Trivendrum and Hyderabad to name a few as per Mumbai Mirror report.   Talking about her experiences, Sudha told Mumbai Mirror, "Twice in the last ten days I have been harassed due to my artificial leg. And this happened despite me carrying my medical certificate along. The certificate has all the details including how many screws are there on my artificial leg etc". She further said talking about her experiences about incident of 14 Feb 2012 at Hyderabad airport, "they asked me to undress. I was wearing a salwar kameez and couldn't possibly have undressed. There was also no changing room. They wanted me to remove my artificial leg and show. It was very humiliating. The other people present there came and started watching me. Hope that security people will understand the humiliation that a person with disability goes through due to such checks."

These are critical issues that need to be looked while devising SOPs (Standard Operating Procedures) for handling passengers with disabilities. The airlines urgently need to provide accessible toilet facility especially for long distance flights. This is a major area of concern to which airliners have been turning a blind eye. 

Here is the coverage from The Hindu:

regards

Subhash C Vashishth

Advocate

The Hindu, March 04 2012

Air India defending wrong action: Disability rights activist
GAURAV VIVEK BHATNAGAR

Disability rights activist Anjlee Agarwal has taken a strong exception to national carrier Air India's claim that she was “not transported in a luggage-trolley” at Delhi airport recently and that she had been “assisted with standard aisle chair as used universally''.

Responding to the claim by the Corporate Communications department of Air India which on Friday stated that she was “extended all assistance as per industry standards” and “at no point of time she was transported in a luggage-trolley”, Ms. Agarwal said she was appalled that the airline was defending its wrong actions.

“I have been travelling with Air India for the last seven years and the picture of the trolley used for transporting me out of the Goa-Delhi flight AI 660 at T3 in Delhi on Thursday would clearly show that such two-wheeled trolleys are nowhere used as transfer chairs,” she said.

No safety belts

Ms. Agarwal said a look at “transfer chairs'' used the world over by airlines would reveal that they all have four wheels, possess a neck rest, safety belts in ‘X' form which lock up near the shoulder and around the waist, and have a foot rest which is easily approachable.

“The trolley provided to me had no neck rest, no safety belts and no proper foot rest. It had just two wheels because of which it had to be tilted backwards for forward movement. While my neck was jacked backwards, the feet were left dangling in the air. The Air India would thus do better to rectify its fault rather defend them.''

Ms. Agarwal said: “Obviously an attempt is being made to cover up because Air India never uses such trolleys elsewhere. Even while I was going to Goa on February 25 by its flight AI 865, this very airline had provided me a proper aisle chair at T3 for the boarding. It should thus probe why the quality of service deteriorated a few days later.''

Air India has also claimed that “wheelchair passengers are boarded first and deplaned last in order not to interfere with movement of other passengers'' and that it has “a very high standard of facilitation to the passengers requiring wheel chair assistance''.

Source: The Hindu, March 04 2012

Open letter to Indian Civil Aviation Ministry/DGCA

Dear Sir,

The DGCA's CAR on carriage of persons with disabilities was brought out after much deliberations between DGCA's Officials, Airline representatives, disability activists and NGOs/DPOs working with the persons with disabilities and the elderly. We all had high hopes from the document that was to serve as a guideline.

However, after recent incidences of maltreatment, harassment meted out to the travelers with disabilities, we are deeply pained and hurt. We find that while DGCA's guidelines that we jointly created with great effort are more often disregarded on a regular basis by the airliners. The precise reason behind this is lack of accountability and absence of systems that may promote an environment of respect, trust and proper and transparent  grievance handing machinery. The DGCA doesn't seem to have any power over the airliner in case of disregard shown by the airliner except a show case notice. At least we haven't seen any thing more than that till date.

When this happened to my friend Jeeja Ghosh, I wrote a detailed letter to Jeeja  explaining what as stakeholders we could do. This was not one odd incident. Several such incidents have happened in the past and have even been reported after Gosh's. We all are well aware that many more are never reported by the media since the affected persons do not want to escalate or have no access to the media.  

Under these circumstances, I strongly feel that urgent steps needs to be taken to contain this perennial mistrust and environment of fear and uncertainty created by insensitive attitude of airliners and utter lack of training of the service staff and pilots about the needs, rights and potentials of persons with disabilities.  We need to give teeth to the DGCA's CAR abovesaid and if required amend them to make them enforceable by the rule of law.

I strongly request your indulgence in solving this issue so that human rights of millions of travelers with disabilities and those with reduced mobility are protected, respected and realised.

Thankfully yours,

Subhash Chandra Vashishth

Advocate - Disability Rights

Sudha Chandran's artificial leg causes travel woes

Mumbai Mirror | Mar 3, 2012

Sudha Chandran talks about the way she was harassed by the airport security in Trivandrum.

Sudha Chandran has been an example for many. Despite having her right leg amputated, the popular television actress went on to become one of the highly acclaimed of India. However, living with a Jaipur foot is not easy. And the actress has been facing problems during air travel. And it's not because of any physical discomfort. Mumbai Mirror has learnt that Sudha had been facing problems with the airport officials. The actress had been harassed by the security officials in Mumbai, Trivandrum and Hyderabad airports.

Talking about her experience, Sudha told Mumbai Mirror, "Twice in the last ten days I have been harassed due to my artificial leg. And this has happened despite me carrying my medical certificate along. The certificate has all the details including how many screws are there on my artificial leg etc."

Her worst experience was however at the Mumbai airport. "They asked me ridiculous questions. When I told them that I was an actress, they said, 'Arrey pehchaana nahi aapko. Makeup ke bina bahut different lagte ho.' It was quite embarrassing."

Describing the recent Trivandrum incident, Sudha said, "I went to Trivandrum on February 14. The security staff at the airport was extremely rude."

"They asked me to undress. I was wearing a salwar kameez and couldn't possibly have undressed. There was also no changing room. They wanted me to remove my artificial leg and show. It was very humiliating. The other people present there came and started watching me," added the actress.

Hoping that security people will understand the humiliation that a person goes through due to such checks, Sudha added, "I agree that not everyone knows who I am. I am not that famous. However, when I show them all the documents, I just wish they dealt with me respectfully. I wonder what would happen to common people who have issues like these."

Source: Times of India

Sai Padma shares her experiences of discrimination while flying

Dear Friends,

Ms. Sai Padma, a fellow lawyer practicing in Andhra Pradesh and a wheelchair user shares her experiences of flying. 

She counts series of problems encountered at every step from booking to airport to issues in the aircraft at her blog Lotusbeats.

http://lotusbeats.wordpress.com/2012/02/25/trying-to-fly-high-with-dignity-wings/

The Hindu : Arts / Magazine : Making our skies inclusive

Dear Friends,

Its the system of exclusive education prevalent in the country that is leading to non-acceptance of persons with disabilities in the mainstream says our dear friend Joe Chopra. here is the link to her article in The Hindu.

The Hindu : Arts / Magazine : Making our skies inclusive

regards

Subhash C Vashishth

Indigo refuses ticket to Visually Impaired passenger thinking he can't travel alone

Dear Friends,

This time, Tony Kurian, a 22 year old Visually Impaired student of TATA Institute of Social Sciences, Mumbai faced discrimination from an airline which is known for its consumer friendly policies especially the persons with disabilities. 

Indigo is the only low-cost carrier that provides manual ramp to board the flight hence is popular among the persons with disabilities and the elderly.  Therefore, it is little surprising that they denied ticket to a visually impaired student on the pretext that he can not fly unless accompanied by an escort or a guide dog! Despite an apology, the student has been unable to book his tickets. 

It all boils down to one single issue, that is- the DGCA's CAR is not being implemented in its right earnest. The training issues are not being addressed by the airliners. What our colleague Joe Chopra in her article in The Hindu points out is equally true that due to our policies of exclusion in education - from where the right integration and acceptance begins- we are at this stage that people are required to be trained and sensitized on disability issues. Ms. Joe stresses that typical children who grow up in inclusive classrooms learn — at the very least — that disability is nothing to be afraid of. They learn that people may look different, yet can still be their friends. That a person who can't speak can still communicate. That you can't judge a book by its cover and that everyone has both strengths and weaknesses.

The incident further prove the fact that only 1 in 30 gets reported while others keep fighting/suffering in silence. We must create systems to check this menace and it can happen when we speak up for our rights and demand accountability from the service providers.

Here is the report from the DNA on this issue:

IndiGo suspends staff for refusing ticket to disabled

DNA India | YOGESH PAWAR | Feb 28, 2012

MUMBAI : Following DNA’s report on Sunday of how a visually-impaired Tata Institute of Social Sciences student Tony Kurian, 22, was repeatedly denied a flight ticket unless he agreed to be accompanied by an escort or a guide dog, IndiGo has suspended, with immediate effect, the outsourced call centre executives, who repeatedly refused to facilitate the tickets.

A statement from airline president Aditya Ghosh says IndiGo had spoken to Kurian and had assured him that “IndiGo, has no such policy that discourages visually challenged passengers from travelling with us or insisting that they are accompanied by escorts or guide dogs.”

“It is indeed a shocking incident and this kind of unacceptable behaviour calls for immediate action, including a training intervention.Hence, we have internally circulated an email reiterating the Directorate General of Civil Aviation guidelines (on disabled passengers) to our staff.”

Pointing out that IndiGo is the only airline that has a boarding ramp to allow wheelchairs and stretchers to be taken into the aircraft, the statement also mentions the ‘auto-step bus’ to assist them and senior citizens.

“We regret the inconvenience caused to Kurian, and hope he will see this experience as an aberration and not the rule at IndiGo,” the statement said.

Ghosh also mailed Kurian on Saturday apologising for the incident. But, the apology was in variance with the call centre staff who refused Kurian tickets three times. Irked such an “unacceptable behaviour”, the airline has taken strong action against the “errant” call centre executives by suspending them with immediate effect.

When DNA spoke to Kurian, he said he was glad that his stand was vindicated. “I want to thank the airline for such prompt and stern action.”

Source: DNA India

Here is the link to another media coverage of Indigo's denial to the visually impaired flyer in DNA Syndication. 

What Jeeja Ghosh means - Indian Express

Thats our friend Rahul Cherian from Inclusive Planet.  Well summarized perspective What Jeeja Ghosh means - Indian Express

Inclusion is when the disabled are confident to assert their rights

Jeeja Ghosh, a teacher with cerebral palsy, was ordered to be deplaned by a SpiceJet pilot, Utprabh Tiwari. In the discrimination that it so blatantly reveals, the act recalls an incident in Montgomery, Alabama, in 1955. On December 1, Rosa Parks, an African-American woman, was asked to surrender her seat on a bus to a white person, in accordance with the racial segregation law applicable to public transportation system. She refused and her arrest led to the Montgomery Bus Boycott, which ended only when the US Supreme Court held that the law was unconstitutional. Unfortunately, the Jeeja Ghosh incident is nowhere near a similar tipping point in the Indian disability rights movement.

Disability rights activists have been campaigning for years for the government to take clear steps to recognise the full rights and freedoms of persons with disabilities (PWDs) and remove the attitudinal and environmental barriers that prevent their full and effective participation in society. However, progress has been painfully slow.

For the disability rights movement to succeed, government must be convinced that PWDs do indeed have the same rights and freedoms as everyone else. However, its actions appear to show that it has yet to make up its mind. The government has somewhere at the back of its mind realised that PWDs have different demands but is not wholly convinced of the legitimacy of these demands. A study of Article 15 of the Constitution highlights one of the possible reasons why it has not taken a stand. It states: "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them." It is obvious that there is no apparent constitutional bar on discrimination on the grounds of disability. Admittedly, at the time the Constitution was drafted, disability rights were not the hot topic that they ares today. But bear in mind that the Constitution has been amended 96 times, including twice after India ratified the UN Convention on the Rights of Persons with Disabilities in 2007, but no change has been made to prevent discrimination on the ground of disability. The constitutions of several countries, including Canada, South Africa and Sri Lanka, have specific non-discrimination provisions relating to persons with disabilities, but India has not followed suit. When the Constitution itself is unclear about where PWDs stand in relation to something as fundamental as non-discrimination, it is no wonder that the nation has not taken a definite stance on disability rights. This lack of clarity translates into actions in relation to PWDs.

Ghosh's incident is an example of the manifestation of this confusion. On May 1, 2008, the Directorate General of Civil Aviation issued a document as part of the Civil Aviation Requirements (CARs), titled the Carriage by Air of Persons with Disability and/or Persons with Reduced Mobility. One of its objectives was to establish "regulations for the protection of and provision of assistance to disabled persons and persons with reduced mobility travelling by air in order to protect them against any form of discrimination and to ensure that they receive all possible assistance with due respect and dignity". As per Clause 4.1 of the CAR, "no airline shall refuse to carry persons with disability or persons with reduced mobility". However the CAR does not prescribe the consequences of non-compliance by airlines. The CAR also requires all airlines to run sensitisation programmes for assisting passengers with disabilities. However, it is silent on the exact nature of sensitisation programmes, thereby leaving the scope of training to the discretion of individual airlines. As is evident from Jeeja Ghosh's experience, the training given, if any, is sorely inadequate. It can be safely assumed that if the pilot was properly sensitised on the requirements of PWDs and there were adverse consequences on non-compliance, airlines would comply with this document.

There are several other fundamental flaws with the CAR which stem from a lack of basic understanding of the very nature of disability. For example, it assumes that only persons with reduced mobility require assistance for air travel and does not provide for assistance to persons with hearing impairment, low vision, autism etc, who have no mobility problems.

This also shows the government's fallacious understanding that ramps and wheelchairs are the panacea to accessibility problems faced by persons with disabilities. One of the significant barriers that a visually impaired air passenger faces is that he or she cannot purchase a flight ticket online. This is because the ticketing website does not comply with internationally recognised, web accessibility guidelines intended to make them compatible with sound-based screen-reading computer software that persons with visual impairment use.

The remedy to the ills faced by persons with disabilities does not end with having inclusive laws and policies. It requires a shift in the thinking of society as a whole to the extent that society must accept PWDs as part of human diversity and humanity and as a result take steps to identify and eliminate all the barriers that they face.

There is also a good business case for airlines to treat their passengers well. On every flight that I have taken over the last three-four years, there are at least three of us who require assistance. In one instance, on a flight from Chennai to Delhi, there were 14 PWDs. Given this large traffic of PWDs, I wonder why no airline has launched a customised frequent-flyer programme for PWDs, after taking necessary steps to ensure the best assistance and accommodation infrastructure. Imagine that an airline provides movies with audio descriptions to blind passengers as part of in-flight entertainment, or curbside assistance so that we can travel independently. I, for one, would fly only that airline because I could really do with curbside assistance.

The first step to achieve true inclusion in all spheres, including aviation, is that the government must explicitly and unequivocally recognise the rights of persons with disabilities and have a dialogue with PWDs with the object of revising all laws and policies to ensure that they are disability-compliant. Strict disability-compliant laws, covering both public and private sector, will ensure that PWDs have the confidence to exercise their rights, knowing that violations will be dealt with swiftly and severely. As more PWDs come out and interact with society at large, attitudes will automatically change and businesses will see the financial benefit in customising products and services beyond that which is mandated by law. This will be the tipping point in the disability rights movement and perhaps Jeeja Ghosh is the catalyst that signals the beginning of India's transformation.