Easyjet on the wrong foot again- calls wheel chair user a 'safety risk'

Dear Colleagues,


Another disturbing news, this time from UK, where Ms. Hoarau, a person with paraplegia, while travelling from Paris to Milan, was de-boarded from the aircraft saying that she was not accompanied by a helper hence was  a safety risk! When a fellow passenger offered to play the role of helper, Easyjet officials refused saying he did not check in with her. 


This is despite the fact that there exists a code of conduct to deal with such cases in Britain and during January 2012  the very same airline was heavily penalized for not taking on board three persons with paraplegia during 2008-09.


This is so similar an incident with what happened in Jeeja's Case on 19 Feb 2012. Ah! it goes to prove that the attitude and level of awareness is not very different in India or UK. The world community has to gear itself up to take on these issues by ensuring inclusion as the only mantra from the very childhood. We have seen that the learnings from the short trainings/ refresher courses stay only for shorter periods! Here is the news coverage from online edition of Daily Mail UK:


Disabled woman sues easyJet after being ordered off plane because she was a 'safety risk'



A disabled woman who says easyJet made her feel like a ‘social outcast’ by ordering her off a plane is taking the British budget airline to court in France. Wheelchair-bound Marie-Patricia Hoarau, 40, was told she could not take the flight from Paris to Nice because she was a ‘safety risk’. 


The airline is now facing charges of discrimination for the ‘humiliation’ Hoarau says she suffered. The legal action comes just two months after Easyjet was fined £60,000 by a Paris court for barring three other ‘unsafe’ disabled passengers from flights.


Miss Hoarau, a paraplegic since a cycling accident 20 years ago, said she was allowed to travel unaccompanied on her outbound flight to Paris in March 2010.  But when she boarded the plane to return to Nice, she was ordered back to the check-in desk because she did not have a ‘helper’.


A fellow passenger offered to take on the role, but cabin crew refused because they had not checked in together. She was taken off the plane and given a free ticket on the next flight, while check-in staff found another passenger willing to accompany her.


Ms Hoarau said: ‘I was allowed to board the plane alone, but once I was inside, they told me I couldn’t travel because I didn’t have a helper. ‘I try to cope with this disability every day and being ordered off like that in front of my fellow passengers was a slap in the face.
‘I felt humiliated and like a pariah who has no place in society.’ She added: ‘I am still waiting for a personal apology from EasyJet.


‘Their boss said he was sorry for my unpleasant experience, but only in a press release. I received no phone call from them.’ France’s disabled rights association the APF said: ‘We are looking for an exemplary sentence against Easyjet for discriminating against this woman because of her handicap.’


Easyjet’s French lawyer Philippe van der Meulen said ahead of today’s hearing at the Paris correctional court that the airline had not intended to discriminate against Miss Hoarau.
He added: ‘Britain is one of the only countries in Europe to have a code of good conduct in cases like this.


‘We fly 350,000 people of reduced mobility every year, and less than one per cent of them are accompanied.  ‘In this particular case, it was judged that that the woman was not sufficiently autonomous to fly alone.’ Easyjet’s French director Francois Bacchetta after Miss Hoarau launched her legal action: ‘I understand her feelings but we must respect very strict safety regulations.


'In the event of an emergency, we need to be able to evacuate all passengers in 90 seconds.
‘When a disabled passenger checks in alone, we try to find them a helper but we prefer for this to be done at the check-in.’


In January, Easyjet was fined for refusing to allow three paraplegic passengers aboard flights in Paris in 2008 and 2009.  The French transport ministry said after that ruling, in August 2010: ‘EasyJet cannot hide behind safety regulations for refusing to board passengers who have difficulty moving around.’


Read more: http://www.dailymail.co.uk/news/article-2116007/Disabled-woman-sues-Easyjet-ordered-plane-safety-risk.html#ixzz1pMev4KGl

Another fiasco after the meeting on Balatant violations of rights of passengers

Dear Colleagues,

Shivani shares her experience while returning from Delhi Meeting - very unfortunate and can not be digested. What if she was travelling to some destination or had a connecting flight. But I feel, this is no reason to be pessimistic and hope this never gets repeated. However, we need to work to ensure this. The meeting organised by the JS, Civil Aviation indicates a seriousness on the part of the DGCA/Civil Aviation Ministry towards the issue. However, it seems that they need hand holding in implementation of CAR rather than occasional outbursts from the sector. The media hype created over the issue of Jeeja Ghosh had put the Government on the back foot and the meeting was surely to listen to and pacify the sentiments and find a way forward.

However, let this be a new beginning. We need to walk with the DGCA whose sincerely efforts with the activists and NGOs brought in the DGCA's Civil Aviation Requirement on the issue when there existed none.  Only requirement is proper mechanisms for implementation of the CAR and training of the Staff by competent trainers. Yes, we need to insert penalty provisions inserted too so that discipline can be enforced if this doesn't come voluntarily. The DGCA has lots of powers to regulate the airliners and aerodrome operators and I see there is a will also to do it. We need to help them to organize it on priority.

Here are Shivani's experiences:-

AccessAbility: “Blatant violations of rights of passengers- meeti...: It was yesterday that I was retuning from Delhi to Hyderabad after attending a meeting chaired by the Joint Secretary Civil Aviation. The t...

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