Policy of Bus Operator to not require non disabled travelers to vacate space for wheelchair users - a discriminatory practice

Does the policy of Bus Service provider not requiring non-disabled passengers including mothers with pushchairs/ prams, to vacate space for wheelchair users be considered discrimination under UK's  Equality Act 2010 ?

After a Judge of Leeds County court ruled that the policy to not provide mandatory priority space to wheelchair users vis a vis other passengers was discriminatory under the Act, the respondent "First Bus Group" the bus company which  runs services in and around Plymouth have decided to place issue before a Three Judge Appeal Bench  seeking clarity on it as a matter of law.  The County Judge said it had been the UK's parliament’s decision to give protection to disabled wheelchair users and not to non-disabled mothers with buggies.

Here is the news from The Guardian, UK.

Appeal court weighs legal duty of transport operators to enforce wheelchair users’ priority over other passengers

Press Association

The Guardian, Tuesday 11 November 2014 15.25 GMT

A judge ruled First Group had been discriminatory by not requiring other passengers to vacate the space reserved for disabled travellers. 

A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case legal battle in the court of appeal.

Three appeal judges are being asked by a bus operator to decide whether wheelchair passengers should have priority over all other passengers to use the space as a matter of law.

The judges heard that First Bus Group had a policy of “requesting but not requiring” non-disabled travellers, including those with babies and pushchairs, to vacate the space if it was needed by a wheelchair user.

But a judge at Leeds county court ruled that the policy was discriminatory and in breach of a duty under the Equality Act 2010 to make reasonable adjustments for disabled people.

The ruling was made in the case of Doug Paulley, a wheelchair user from Wetherby, West Yorkshire, who was denied access to the bus after the woman with the sleeping baby refused to move.

Paulley, 36, won £5,500 in damages against First Group, after the judge, Recorder Paul Isaacs, declared that the company should have taken measures to ensure he was not at a disadvantage when he tried to get on the bus.

The judge said it had been parliament’s decision to “give protection to disabled wheelchair users and not to non-disabled mothers with buggies”.

On Tuesday Martin Chamberlain QC, for First Group, appealed against that ruling. He said it was an example of a long-running problem on public transport that had produced conflicting court decisions and bus operators were now seeking legal clarity.

First Group had appealed because of their need to know “what they are legally required to do and how”, he said.

“It will be obvious that [First Group] are much more concerned with the wider effect of Mr Recorder Isaac’s judgment on its policies, customers and staff than on the relatively modest [damages] sum awarded in this case,” Chamberlain said. The case also affected “the expectation of disabled people to be able to access public transport”.

Chamberlain told the appeal judges, Lady Justice Arden, Lord Justice Lewison and Lord Justice Underhill: “The problem with the adjustment required by the recorder in this case is that it requires a rigid policy of priority for wheelchair users over all other passengers, irrespective of their legitimate need to use the same space.”

The requirement “unnecessarily encourages confrontation and is unenforceable”, he said, and it was not in the interests of disabled people or passengers in general.

Paulley’s defence of the Isaacs decision is being funded by the Equality and Human Rights Commission.

Source: The Guardian 

Related Media Coverage:

BBC News - First Bus appeals against wheelchair court ruling

Plymouth Herald - Bus firm which runs Plymouth services embroiled in mums v disabled court case

Indian Railways invites bids for Braille signage in long distance trains

A good news coming in from the Indian Railways wherein the Integral Coach Factory has invited bids for large scale supply of braille signage. Here is the DNA coverage today:

Railway's braille plan takes off, tenders by month-end

Tuesday, 4 November 2014 - 6:20am IST | Agency: DNA

Good news for the visually impaired people who travel by the railways everyday. The railways' plan to have braille numbering and other signs for the visually-impaired finally got off the ground with the Integral Coach Factory inviting tenders for the large-scale supply of these items. The first big tender for braille numbers to indicate the berths of long-distance trains was issued this week and will be opened at the ICF's Chennai headquarters on November 25.

Confirming the development, Alok Johri, member (mechanical) said it is the first time railways was going for these braille signage for its long-distance coaches. Currently, long distance coaches have their signage, seat numbers as well as general instructions in the normal format written on vinyl stickers or metallic plates only helpful to normal passengers.

In the latter part of last year, railways deciding to provide braille stickers in coaches to facilitate visually impaired passengers. Things moved slowly since then and plans to have one air-conditioned coach in the Delhi-Purushottam Express also seemed to have been stalled.

The railway plan for braille signs and numbers in coaches will include braille characters embedded on to the metallic base so that visually-impaired could touch it and decode the information. Railway officials said the signage has been developed by the ICF under the observation of the Research Design Standards Organisation (RDSO) with suggestions from various organisations working for the visually-impaired.

Source: DNA

Smart Floors Enhance Accessibility of Airports for Passengers with Disabilities

Dear Colleagues,

The below article by Marisa Garcia of Skift brings into light how graphic floors can help people with visual disabilities particularly those with impairments of depth perception. This can be replicated at all public spaces particularly  Transportation Buildings or interchange stations for Bus, Rail, Metros, etc. and Other Buildings such as malls, institutions, universities etc. Here goes the article covering the smart floor tiles at Edmonton International Airport.

The striking graphic floor tiles of Edmonton International Airport compliment the terminal’s distinctive modern appearance, but they're far more beautiful than that. What might appear to other passengers as a decorative contrast of graduated color tiles, was designed to help visually impaired passengers better judge the distance to their gate.

“Some Visually-Impaired passengers may have poor depth perception,” explains Heather Hamilton, Spokesperson for Edmonton International Airport. “They can’t judge the distance to their gate with a long monochrome flooring in the terminal hall. The distance varied tiles of the floor we installed, with its skinny strips graduated along the length of the terminal, let’s you focus your eye on the lower shelves and better judge the distance to the check-in counters. The two different color insets of grey and blue also make it easier to judge the distance ahead.”

Edmonton International Airport’s Floor Tiles Help Visually Impaired Passengers With Way-finding/Edmonton Airport (photo credit skift.com)

The decision to install this unique feature is part of Edmonton International Airport’s social commitment to travelers and to the local community. “We met with members of the community to get feedback on how we could improve our Terminal for all passengers,” says Hamilton. Helping passengers with limited depth-perception find their way through the Terminal better was one of the suggestions which came out of these meetings. “We have the same pattern worked into the carpet in our office tower. In the office carpet, the texture carpet and the height of the pile serve the same purpose.”

Awareness is growing in the travel sector, including at airports and airlines, about the importance of Universal Design. This is design which considers the needs of all and makes products and environments attractive, functional and accessible. Think OXO.

Edmonton International Airport’s Graphic Pattern on Floor Helps Visually Impaired Passengers with Way-Finding/Edmonton Airport (photo credit skift.com)

Laurel Van Horn, Director of Programs and Editor for the Open Doors Organization, and the former executive director of SATH (Society for Accessible Travel and Hospitality), is an advocate of design which meets the needs of all travelers. The mission of the Open Doors Organization is to share insights into the needs of elderly and disabled travelers, targeting areas of improvement and carrying out accessibility initiatives.  As she explains, airport terminals are actively looking for ways to ensure passengers with disabilities and the elderly can better navigate our ever-expanding international terminal cities.

“Without a question, airports around the world are becoming more and more accessible,” Van Horn says. “This is true even in countries where little accessibility exists outside the airport. But are they becoming more usable or functional, especially as they grow in size? Most people who need wheelchair assistance in airports never use a wheelchair in their everyday lives but they can’t manage those huge distances.  Even those who can manage the walk may need an escort to find their gate because the way-finding and signage is so complex in these huge, multi-level terminals. This is where Universal Design can play a role.”

Source: Skift.com 

DGCA fails to respond to Disability Discrimination Notice from Court of CCPD

Dear Friends,

Our colleague Dr. Satendra Singh was invited to speak at the International Conference on Evidence in Global Disability and Health’ jointly organised by London School of Hygiene and Tropical Medicine and Public Health Foundation of India at Hyderabad in Feb 2014. While returning, he was shocked by the lack of empathy of the security staff at the Rajiv Gandhi International Airport.

He harassed at the Hyderabad International airport by security officials who insisted that Mr. Singh removed his orthosis for security check.  Incidentally, Dr. Satendra Singh, who teaches at the University College of Medical Sciences, Delhi University, has post-polio residual paralysis and uses a knee-foot-ankle-orthosis (KFAO) also called a caliper or brace, for support to allow independent mobility.

Dr. Satendra Singh, Disability Activist

He told the security officials that it is difficult for him to take off his orthosis during travel and again put it back. He expressed solidarity with the security requirements and requested the security officials (CISF staff) to screen him with ETD (Explosives Trace Detector Test) or do a manual frisking but they were hell bent on removal of the orthosis only.

It may pertinent to mention that the Security SOPs (standing operating procedures) by BCAS clearly state that removal of prosthesis is not necessary.  After, Dr. Singh, a medical doctor himself,  did not budge, knowing his rights very well, the security officials had no option but to organise the ETD scanning and he could take his flight back. 

On March 10, Dr. Singh had complained to Mr. Arvind Ranjan, Director General, CISF (Central Industrial Security Force), BCAS (Bureau of Civil Aviation Security), the Ministry of Civil Aviation, Directorate General of Civil Aviation (DGCA)  and the Court of Chief Commissioner for Persons with Disabilities (CCPD).

CISF considering the sensitivities of the issue, organised a workshop on 'soft skills' for handling disabled passengers on 30 March 2014 where it was invited Dr. Singh to share his views on frisking of people with disabilities. Top CISF and Bureau of Civil Aviation Security (BCAS) officials were also present at the session. Post the workshop, the BCAS has issued a revised SOP which is up on its website.

However, the DGCA & Ministry of Civil Aviation did not respond to even the notices issued by the Court of CCPD despite lapse of 30 days time which indicated the callousness shown by them on the subject of dignity during travel for persons with disabilities. 

Speaking to reduced mobility rights, Dr. Singh said, "I have submitted my rejoinder requesting Court to make sure both DGCA and BCAS amend their rustic screening rules, modify guidelines taking UN Convention on the Rights of Persons with Disabilities into consideration."

We hope with the change in guard at the centre, under the able leadership of Prime Minister Narendra Modi, things will fall into place and the lackadaisical attitude will be shunned by the Ministry and it will ensure that no such incident ever happens with any person with disability.

The matter is pending adjudication in the court of CCPD. More updates once the court passes its final order/ judgement!

Media Coverage on the issue

Times of India, 15 Sep 2014 DGCA given 30 days to prove disabled not harassed

Reduced Mobility Rights, 03 Oct 2014  India Civil Aviation Misses Court of CCPD Notice Deadline On Frisking

The Hindu, 26 Feb 2014 Harassed at Hyderabad Airport, said Disability Activist

The Enablist (Blog)/ Times of India:   Airlines can't refuse to fly differently abled 

Insensitivity of Air India towards disabled on display

Dear Friends,

If we go by the incident reported below, then this is another display of insensitivity by the airliners towards travellers with disabilities for Air India has openly expressed that it doesn't accept passengers with any mental disability or challenge or with autism. Here is the coverage by DNA.

No air travel for the mentally challenged?

Baishali Adak, Jul 11, 2014, DHNS :

Concerning issue

In yet 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 mental disability/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.

With several such cases  having surfaced in the past, the present case again points to gaps in implementation of guidelines set in this regard by the Directorate General of Civil Aviation (DGCA) combined with lack of staff training. All of this ends up inconveniencing the differently abled who are already burdened by various problems on a daily basis.

Nikita Sarah, head, Advocacy and Communication, The Leprosy Mission Trust India, called up the Air India Customer Support on June 21 to enquire about facilities and discounts, if any, available for the differently abled. To her shock, she was told that Air India does not carry passengers with any mental disability at all. When she requested the call to be transferred to a superior, the manager reiterated the stand. The same day she e-mailed the Board of Directors, Air India, and they responded with an apology and a promise to “look into the matter and revert”. Sarah is yet to hear from them.

Not a one-off incident

Disability rights activists inform us this is not a case in isolation. A few years back, a prominent film actor from the south, Prithviraj, had to face a similar situation when his son was denied entry into the Bangalore airport. The security staff insisted that “his son was a security threat to other passengers.” In 2012, Jeeja Ghosh, director of Advocacy and Disability Studies at the Indian Institute of Cerebral Palsy, was forced to deboard a private airline at Kolkata airport when the staff made a wrongful demand for a ‘fitness certificate.’

Javed Abidi, chairperson of Disabled People’s International (DPI), says, “It is surprising if such an incident has occurred. It is not that people with physical or mental disabilities do not travel by air. I know such persons who fly by Air India all the time, but it’s an example of airlines today not investing in training their staff properly. This has specifically been stressed upon in the DGCA guidelines on travel for people with disabilities.”

“If you look at countries like US and Britain, you will rarely ever find such instances because a single such remark or insensitive conduct sparks lawsuits.”

Merry Barua, Founder Director of Action for Autism (AFA), adds, “It is really hypocritical that when drunk passengers get on board and make scenes, or when politicians throw their weight around, the staff does nothing. But when an autistic child makes noises, people get all officious and devise their own rules.”

Ministry’s take

Though Air India officials could not be reached despite several attempts, when Metrolife spoke to Poonam Natarajan, chairperson, National Trust, Ministry of Social Justice and Empowerment, she said, “It is very disheartening to hear this. 

Unfortunately, such incidents keep occurring inspite of repeated clarifications that the mentally and physically challenged have a right to fly. I will find out from the Ministry of Civil Aviation and Air India why this is recurring and how it can be put to an end.”  

Source: Deccan Herald

Low Cost Airline IndiGo to provide dedicated stairlifts for passengers with special needs

Dear Friends,

Today, IndiGo Airlines has become the first airlines in India with dedicated stairlifts for passengers with special needs. At airports around the country that do not use ramps, IndiGo will be introducing these motorised chairs that enable passengers to board and deplane in complete comfort! 

This is no doubt a welcome step as it will help many elders and those passengers with disabilities who can transfer easily on their own but this still fails to address the needs of those who are in wheelchairs and have problems in transfers. The ramped access patented by Indigo is a better option any day where everyone walks up in an inclusive way irrespective of being  a walker or the one being pushed on manual wheelchairs by the ground service providers! Hope this facility would be in addition to that and not as a replacement to the ramps.  

So congratulations to the Low Cost Airliner and to those who would benefit from this service which is of course coming at no added cost!

57 Traffic Lights now blind friendly after auditory devices installed

As a result of a PIL pending in the Delhi High Court, the Delhi Traffic Police informed the Delhi high court that they have installed 57 auditory devices at traffic signals in the capital for safety of visually impaired people.

In his reply, filed before a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw, deputy commissioner of traffic police also informed that 35 more locations have been identified for providing auditory signals.

"... Traffic police has provided 857 traffic signals and 401 traffic blinkers all over Delhi for ensuring smooth flow of traffic and safety of pedestrians and other road users. A total of 57 traffic signals have been provided with auditory devices for the safety of visually handicapped persons. In addition, 35 locations have also been identified for providing auditory signals," the reply filed through Rupinder Kumar, deputy commissioner of traffic police, said.

"Besides... on roads where there is continuous flow of traffic, 22 pelican traffic signals and 36 pedestrian traffic signals are functional which have the facility to provide adequate time in the signal cycle to pedestrians for safely crossing the roads. Additionally, 96 signals with pedestrian aspects have been installed and it is envisaged to provide pedestrian aspects on nearly all the signals," the official said.

The police's reply came after the court in March had issued notice to the Delhi government and civic agencies on a plea seeking direction to provide parking space to the physically challenged near the entrances of public buildings in line with the Master Plan Delhi 2021. The bench had also asked the traffic police, police commissioner and DDA to file responses.

The DCP also said that regular action is taken by traffic police to remove illegal parking. He added that the traffic police prosecuted 7,10,025 people in 2013 and 2,96,232 in 2014 till April 30. The official also stated that action is also being taken against second-hand car dealers, who are causing encroachment on the roads of the capital.

The official said that the department had launched a special drive on May 6 in coordination with the civic agencies for removal of encroachment "on specially identified 11 vital corridors in the NCT of Delhi, in which 567 encroachments have been removed, action has been taken against 180 vendors, 159 vehicles have been towed away, 1047 vehicles have been challaned and 145 notices for obstructive parking have been issued. The drive shall continue on a regular basis".

A PIL filed by social worker Vinod Kumar Bansal, through advocates Anupam Srivastava and Sitab Ali Chaudhary, had sought the court's direction to the Delhi government and civic agencies to install auditory signals at red lights on public roads for physically handicapped people. The plea further sought directions to make pavements wheelchair-friendly.

Source: Times of India