Supreme Court Issues Notices on Jeeja's Petition against SpiceJet

Dear Colleagues,

Please refer to my earlier post on an incident wherein disability rights activist Jeeja Ghosh who was forcibly deplaned from a Goa-bound SpiceJet flight from Kolkatta in February because the pilot felt she was unfit to fly. On Jeeja's petition, honorable Supreme Court of India has issued notices to the Union Government, Airliner and the DGCA.

A bench of Justices Aftab Alam and Ranjana P Desai issued notices to the Union government, the Directorate General of Civil Aviation (DGCA) and SpiceJet on her petition accusing the private airline of subjecting her to traumatic treatment on February 19 and depriving the organizers of her expertise during the international seminar.

"Jeeja Ghosh has experienced similar experience before. In 2008, she was forced to undergo a medical examination before being allowed to board an Indigo flight from New Delhi to Kolkata," the petitioner said and sought an investigation into the incident.

"These acts of discrimination which have left disabled people very upset have continued unabated despite the enactment by the Central Government of clear and binding directives prohibiting discrimination against disabled persons in air transport," said Jeeja.

She requested the apex court to direct "SpiceJet to adequately compensate the petitioner for loss of money, wasted time and the humiliation and trauma suffered during the unsavoury incident".

This case coupled with the uproar in the disability sector has pushed the Government of India/ DGCA too hard to take a swift action against the Airliner and if required amend the Regulations to include penalty clauses, if need be.

The result has been several meetings with the stakeholders and now constitution of another committee to suggest changes in the existing CAR to make it more inclusive and give it more teeth.We hope this would not be another lip service and another rule book to meet defiance rather than implementation that we see with the existing CAR.

The story has been covered by

(a) The Times of India: Cerebral palsy afflicted woman moves Supreme Court, demnads compensation from SpiceJet

(b) The Hindu : Court Notice to Centre, DGCA on deplaning of disabled

(c) The Indian Express: SC notice to SpiceJet for deplaning woman

JetBlue airways fined for inaccessible website

JetBlue violates disability rules, gets punished

JetBlue is in news again, and this time also not for good reasons. Few weeks back a lawsuit was filed against JetBlue airways for inadequate accessibility of check-in kiosks at the airport in addition to the inaccessibility of their website. This time the reason for the legal action is violation of rules protecting air travelers with disabilities and for failing to disclose when flights sold by the carrier were being operated under a code-sharing arrangement. The airline is being penalized $600,000 for the mistake.

The Department of Transportation ruled that $350,000 of the amount would have to be paid by the carrier, while $250,000 could be used to establish a task force to audit the carrier's handling of passengers with disabilities create a disability customer care center and enhance the carrier's website to improve its information for travelers with disabilities

source: http://www.infosysblogs.com/web2/2010/12/jetblue.html

Green MEP says Easyjet incident with Dr. Sabry not acceptable

Dear Colleagues,

Please refer to my earlier post on Easyjet's appalling behaviour with businessman Dr Martin Sabry earlier in January this year. After boarding the wheelchair user Dr. Sabry was humiliated by the flight purser  by asking him to read aloud the safety card in front of other passengers and say "I can" after each sentence. And then the purser told squarely that they will not take him!

Reacting sharply on the incident Green MEP Keith Taylor slammed the budget carrier stating that the incident was unacceptable. His report is although non-legislative, but will become the official position of the Parliament.

However, we see a similar kind of pattern emerging from a series of such cases whether Easyjet (France) or in Spicejet (India)! Even in Jeeja's Case, the reply of the Hon'ble Indian Minister of Civil Aviation has been same where airliner seem to have escaped with just a public apology!

This is absolutely not acceptable by any norms.. neither in India nor in any part of the world. Exemplary punitive action and economic penalties are only solutions that the airliners respect the basic human rights and raise their awareness on these issues if need be. You can't escape by saying that the staff was not sensitized or that the staff has been sacked.

Here is the report from Reduced Mobility Rights


Easyjet Incident With Disabled Dr. Sabry Unacceptable, Green MEP says

Published on Friday, 23 March 2012 11:25

Written by Roberto Castiglioni

Green MEP Keith Taylor slammed budget carrier Easyjet, stating that the incident involving disabled businessman Martin Sabry was unacceptable.

"Clearly, the Easyjet incident was unacceptable," Green MEP Keith Taylor told Reduced Mobility Rights.

"Paragraph 58 of my report which covers regulation 1107/2006 underlines the importance of appropriate training of flight crews to cover the ´different and individual needs of PRMs`," the European member of Parliament explained.

"In my capacity as a member of the Parliament's Transport and Tourism committee (TRAN), I met with  many stakeholders over a number of months, in order to inform the first draft of the report "on the functioning and application of established rights of people travelling by air", which covers regulation 1107/2006," Green MEP Keith Taylor told Reduced Mobility Rights.

The report will be voted on next week in the European Parliament's plenary session. "I am confident that it will be adopted, Taylor said.

Although non-legislative, the report will become the official position of the Parliament.

Disabled businessman Martin Sabry, 39, from Cambridge, arrived at Gatwick airport on 4 January 2012 to catch the Easyjet flight to Montpellier, France.

After boarding the aircraft, Mr Sabry was harassed by the flight purser who had him removed from the airplane. "I was made to read safety-card aloud in front all other boarding passengers and say "I can" after each sentence," he says, remarking the unnecessary humiliation. "We will not take you," the purser told him.

"I am pleased to hear of the unreserved apology given to Dr Sabry," Keith Taylor said. "However, it is extremely regrettable to hear that due to lack of resources, the CAA will not be able to pursue this case further."

In the days following the incident, Carolyn McCall OBE, Easyjet's Chief Executive Officer, apologised in person to Martin Sabry. "Our chief executive Carolyn McCall called Dr Sabry directly to apologise," A spokesperson for Easyjet told Reduced Mobility Rights.

The budget airline received a verbal warning from the UK CAA. "In relation to the Dr Sabry’s situation, we have been in touch with EasyJet regarding the incident, to remind them of their obligations to people with reduced mobility," A CAA spokesperson said.

Despite the incident representing a clear violation of Regulation 1107/2006, there will be no enforcement of the law on Easyjet. The Department for Transport is trailing behind most EU states, having failed to provide the CAA a set of sanctions and adequate enforcement powers. "Unfortunately, [enforcement] powers are not very flexible or proportionate and make it difficult for us to take action," Dame Deirdre Hutton, Chair of the Civil Aviation Authority said.

"I think that there needs to be better implementation by the National Enforcement Bodies of the rules that do exist," Keith Taylor said. "Paragraph 3 of my report acknowledged gaps in Member States' implementation and enforcement of Regulation 1107/2006. In subsequent paragraphs the report talks of the need for the Commission to work with NEBs in order to "promote a uniform and prompt enforcement of air passenger rights."

Civil Aviation Minister responds to Parliament Question on Incidents of discrimination against passengers with disabilities

Dear Colleagues,


The Minister- Civil Aviation, in response to questions raised in the Lok Sabha & Rajya Sabha on the recent incidents of harassment of passengers with disabilities, replied as below:

GOVERNMENT OF INDIA

MINISTRY OF CIVIL AVIATION

LOK SABHA

UNSTARRED QUESTION NO 1353

ANSWERED ON 21st March, 2012

Differently abled passengers in flights

1353. SHRIMATI INGRID MCLEOD
ADV. GANESHRAO DUDHGAONKAR
SHMRIMATI DAVANA GAWALI PATIL
SHI GUTHA SUKHENDER REDDY
SHRI YASHVIR SINGH
SHRI NEERAJ SHEKHAR
SHRI BIBHU PRASAD TARAI
SHRI M B RAJESH
SHRI SUGUMAR K
SHRI GURUDAS DASGUPTA
SHRIMATI BOTCHA JHANSHI LAKSHMI

Will the Minister of CIVIL AVIATION be pleased to state :-

(a) whether incidents of ill-treatment meted out to some differently abled passengers by the private airlines have come to the notice of the Government recently;(b) if so, the details thereof;(c) whether the matter was enquired into by the Government/DGCA;(d) if so, the follow up action taken by the Government thereon;(e) whether most of the private airlines are not adhering to the rules and regulations prescribed for differently abled persons;(f) if so, the action taken by the Government against such airlines alongwith the details of proper facilities for carrying the disabled persons at various airports; and(g) the detailed guidelines in place for air passengers particularly differently abled persons and the steps taken to ensure their compliance by private airlines thereon?

ANSWERS

MINISTER OF CIVIL AVIATION ( SHRI AJIT SINGH )

(a) and (b): Three cases of harassment faced by physically challenged passengers were reported to the Director General of Civil Aviation (DGCA), two in the year 2011 and one in 2012. The details and Action Taken report on these cases are annexed. No such case reported to the DGCA against Jet Airways during the period.

DGCA has issued Civil Aviation Requirements (CAR) on “Carriage of Passenger by air with disability and/or with reduced mobility”, which is being strictly adhered to by the airlines. The said CAR is available on DGCA website. Violation of the provisions of CAR is punishable under the Schedule VI of the Aircraft Rules, 1937. 

ANNEXURE

Incident 1: On 10th May 2011, Mrs. Mansuri Shabana and Master Mansuri Lukmaan (Child) were travelling alongwith an infant on Kingfisher Airlines flight on Ahmedabad-Mumbai-Goa sector. They were handed over to the crew on board operating the flight at Ahmedabad. At Mumbai, the ground staff met the passengers on arrival and boarded them on the connecting flight to Goa. On this flight the set of cabin crew realized that the blind passenger was accompanied by an infant and a child. The same was reported to the commander and the ground staff that this carriage was not permissible on safety grounds. The passenger later travelled by Spicejet flight.

The matter was taken up by Directorate General of Civil Aviation (DGCA) with airlines, Kingfisher Airlines has taken following corrective actions to avoid recurrence of such incidents:

a) The crew and the concerned ground services staff at Ahmedabad have been issued warning letters and have been strongly briefed. 
b) A reiteration of the carriage policy for such travel has been circulated to all concerned. 

Incident 2: Sh. Mohammed AsifIqbal (Disabled from Eyes) faced harassment while travelling on Kingfisher Airlines flight IT 3571 on 30th May 2011 at Patna airport. An indemnity bond was obtained from him. 

Matter was taken up with Airlines by DGCA. As an immediate action, Kingfisher Airlines have terminated all staff involved, including the Airport Manager at Patna airport. In view of this, Kingfisher Airlines reiterated the guidelines to all airports indicating following:

a) A blind Guest who has no medical complications and is perfectly capable of taking care of his/her personal needs must be accepted on Kingfisher flights and is not required to sign an Indemnity form.
b) Such a guest is allowed to travel alone and no companion/escort is required to travel along. 
c) Staff should treat such guest with special care and be sensitive to their needs.
d) In the event of flight disruptions, staff should ensure that these guests are handled with priority. 

Incident 3:   Ms. Jeeja Ghosh, a person with cerebral palsy, was de-boarded from the Spicejet flight SG-803 at Kolkata on 19.2.2012. 

Matter was taken up with Spicejet who informed that when the passenger Ms. Jeeja Ghosh reported at the check-in counter for her boarding card, she did not declare herself to be a person with any disability or with reduced mobility. She was provided assistance to board the flight. As informed by Spicejet, while being seated, the cabin crew observed froth, saliva with traces of blood oozing out of Ms. Jeeja Ghosh’s mouth with her hands folded in an abnormal manner and she was also not in position to respond to the Cabin Crew’s questions. Accordingly, the matter was report to the Pilot-in-Command (PIC) and a decision was taken to de-board Ms. JeejaGhosh on account of her medical condition.

Matter was taken up by DGCA with the airlines. To avoid recurrence of such incidents, Spicejet has re-examined the responsibilities of the pilot-in-command with reference to the provisions of the applicable Civil Aviation Requirements and he is being counseled to display more empathy to deal with such situation in future. Spicejet has also informed that they are issuing necessary instructions to reinforce the existing procedures on handling of persons with disability. 

In this regard, a meeting on the rights of passengers with disability and reduced mobility was held on 12.03.2012 under the Chairmanship of Joint Secretary, M/o Civil Aviation. It was decided that a Committee will be constituted under the chairmanship of JS, MoCA with representatives of stake holders as members to look into best practices in the world on the matter, latest UN/ICAO guidelines on dealing with air travel of persons with disabilities and give a suggestion for appropriate modifications of the CAR concerned and for the improvement of designs of airline websites, accessories and facilities/infrastructure etc. especially meant to facilitate comfortable air travel for the persons with disabilities.


Jeeja Ghosh's Response


Jeeja has reacted very sharply on this reply since this seems to be most insensitive one especially when the DGCA officials have given the version of the airliner as the version of the Government/Ministry. This is despite the fact that DG himself had met Jeeja and seen for himself the disability. Here is how Jeeja responded to the Minister's response, when shared with her by our colleague Muralidharan from National Platform for the Rights of Disabled:





"I am absolutely shocked  to receive this (response). I am groping for words to defend my case. All I can say is this is an absolute misinterpretation of the entire situation. To begin with: 


1. I am a person with cerebral palsy with very obvious and visible physical disability.  There is nothing to conceal regarding my impairment. The very fact that I was provided assistance speaks for it unless all the Spicejet staff members are of "reduced mental faculty" and lack understanding. 


2. I was bleeding from the mouth is another lie. I counter this by saying that if Spicejet is projecting itself as a responsible airlines with concern for its passengers they should have called for medical assistance and not de-boarded me in a humiliating manner. The doctor was called only after the flight had left without me and confirmed that I was totally "fit to fly". I must admit I do drool. But at that point of time I was comfortably seated in the flight reading a book. There was no drooling leave alone bleeding.


3. Also the Assistant Manager of Spicejet at Kolkata airport Mr. Vishu Ramesan did not mention any such incident of bleeding when he spoke to my senior Dr. Reena Sen, Executive Director of Indian Institute of Cerebral Palsy.  The very fact Spicejet issued a ticket for me to travel on 20th February 2012 and accepted a letter of complaint from me makes it even more obvious the contradiction in the Spicejet's statement. Unfortunately I was unable to avail of the flight to Goa on 20th February as the humiliation from the Spicejet unnerved me psychologically making me "unfit" to travel.


4. No such episode of bleeding from the mouth was reported to my family either when a ground staff from Spicejet came to drop me home after the entire fiasco. Also Mr. Ramesan came with a tablet apology letter from the Spicejet on 20th February 2012 - why should Spicejet issue even a tablet apology letter when they were so sure they were not wrong?


I am made a humble attempt to defend my case. I will request to forward this response to the concerned authorities. I have also narrated the incident verbally to Mr. Ashok Kumar, Joint Secretary, Civil Aviation when I met him at his office on 20th March 2012. 


Thank you for your support.
Yours sincerely
Jeeja Ghosh"

Sensitization Meeting for Airliners at DGCA Office 20.03.2012

Dear colleagues,

DG Mr. EK Bharat Bhushan chairing the meeting

Today i.e. on 20 March 2012, E K Bharat Bhushan, Director General, Civil Aviation chaired a Disability Sensitization Meeting and ensured that senior officials from all airlines were present at 3 PM in his office. This showed the seriousness on the part of the DG to immediately contain the growing incidences on discrimination and harassment to persons with disabilities during flying.  During this meeting a presentation on the needs of different disabilities was made by a group of persons with disabilities /activists from the disability sector at the request of the civil aviation regulator. The team from disability sector included Mohammed Asif Iqbal (PWC), Jeeja Ghosh (IICP), Rahul Cherian (Inclusive planet) and Subhash Chandra Vashishth (Svayam). 

Jeeja Ghosh and Asif Iqbal talking about common 
myths about disabled

The objective of this sensitization exercise was to ensure that the airliners understand the specific needs of different categories of persons with disabilities while traveling by air and also the legal obligations on the part of airlines as per the DGCA's CAR on carriage of persons with disabilities and that such incidents are not repeated in future. Mr. Rahul Cherian cautioned the airlines that violation of CAR invites heavy penalties and six months imprisonment hence, deviations should be immediately checked.

DG E K Bharat Bhushan who sat through the entire meeting, despite his busy schedule said, "In view of growing concerns experienced by physically disabled persons while travelling by air, we held an interactive session with scheduled domestic airlines."  

He also clarified to the airliners that any such incident will not be tolerated in future.The following decisions were taken in the meeting  :

(a) In next seven days, DGCA will collate a list of DO's and DON'Ts (received from the disability sector) in dealing with persons with disabilities/ reduced mobility and forward them to the domestic airlines who will have to display them on their website within three days of receiving it.

(b) An independent  link/button displaying instructions/provisions of assistance to disabled with Do's and Don't would be provided on the home page of the website of all the scheduled airlines.

Attendees at the meeting from different airlines

(c) All airlines will organize an orientation programme of all airport managers regarding their  responsibility while handling people with reduced mobility who are travelling by air, who in turn will sensitize the ground staff within a given time frame. 

(d) DGCA' s CAR for handling passengers with reduced mobility already exist and should be followed by all concerned in letter and spirit.

Reps from Kingfisher and Indigo

(e) It was brought out during the meeting that a large responsibility of providing assistance at the airport was of the aerodrome operators who were not represented in the meeting and the airlines could only assist while the persons with disabilities reached them or in the aircraft. It was decided that separate instructions will also be issued for airport operators on handling persons with reduced mobility.

Here is the news coverage from Times of India:

NEW DELHI: In another 10 days, domestic airlines will have to display a list of dos and don'ts on their websites for handling passengers with reduced mobility. 

DGCA Team at the meeting

The decision was taken at a meeting chaired by the chief of the directorate general of civil aviation. At the meeting, people with reduced mobility - who allegedly faced harassment at the hands of domestic airlines in the past few months - met senior officials of the airlines concerned on Tuesday to explain the difficulties they face. 

DG E K Bharat Bhushan said, "In view of growing concerns experienced by physically disabled persons while travelling by air, we held an interactive session with scheduled domestic airlines." 

"In the meeting, we have decided to prepare a detailed list of dos and don'ts in the next seven days for handling people with reduced mobility travelling by air. Scheduled domestic airlines shall display these on their respective website," Bhushan said. 

Representatives from airlines and disability sector

Other decisions taken at the meeting included the creation of a separate button on the web home page of airlines to display the instructions in this regard. 

"Airlines will organize an orientation programme of all airport managers regarding their responsibility while handling people with reduced mobility who are travelling by air, who in turn will sensitize the ground staff. Civil aviation rules for handling passengers with reduced mobility already exist and should be followed by all concerned in letter and spirit," said a senior official. 

Separate instructions are also to be issued for airport operators on handling people with reduced mobility. 

A presentation on the requirements of disabled people was made at the meeting by Mohammed Asif Iqbal who is blind. Iqbal was denied a boarding pass - due to his disability - by Kingfisher Airlines last year when he was to flying from Patna to Ranchi. 

"It is obvious the government is taking the matter seriously. Senior airline staff of all domestic airlines was present and through our presentation we highlighted the various needs of people with different disabilities. The meeting was attended by over 50 people of which around 5 to 7 represented disability rights groups," said Iqbal.

For more photos click here: Photos of sensitization meeting dated 20 March 2012

Security Personnel (CISF) deployed at airport needs disability training too

Dear Colleagues,


This incident on 10th Feb 2012 with Ms. Davis- Wray, a person with disability, points to insensitivity of security personnel  from Central Industrial Security Staff deployed at the airports in dealing with persons with disabilities. The DGCA's CAR only talks about training of airline staff and aerodrome operators, however, security system are not required to be equally inclusive and seamless. The training needs are far more crucial for all the staff posted at Airports.

In this case, Ms. Henrietta Davis-Wray, a senior global disabled leader, a Jamaica member of the DPI World Council, was in India on the invitation for the Disabled People's International (DPI) Executive Committee meeting. The incident occurred on February 10 when Ms. Davis-Wray was passing through security channels before boarding a American Airlines flight to Chicago.

During physical frisking, Ms. Davis-Wray was allegedly asked to remove her pants because the security officer felt suspicious of the calliper (brace she wears on her right leg). In a mail to her hosts, Ms. Davis-Wray has said she could not forget the look on the face of the security officer “I was so embarrassed of her action. I fully understand the need for such security checks, but consideration should be given to human beings,” she wrote.

In this case, it was not a lapse on the part of the airline but a clear human rights violation on the part of the security personnel, who belong to the Central Industrial Security Force entrusted with the security of the airports.

Read the entire news coverage in the Hindu below:


The Hindu : News / National : Separate department for disability affairs

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