Supreme Court Awards ₹10 Lakh Compensation to Disabled Activist Jeeja Ghosh for Discriminatory De-boarding by Airline

Landmark judgment underscores violation of fundamental rights under Articles 14 and 21 of the Constitution, mandates stricter adherence to Civil Aviation Requirements for Persons with Disabilities

In a landmark judgment delivered on May 12, 2016, the Supreme Court of India upheld the dignity and fundamental rights of persons with disabilities by awarding ₹10 lakh in compensation to disability rights activist Ms. Jeeja Ghosh, who was forcibly de-boarded from a SpiceJet flight on account of her cerebral palsy. The Court unequivocally held that such discrimination violates the right to equality (Article 14) and the right to live with dignity (Article 21) guaranteed under the Constitution of India.

The case arose from an incident on February 19, 2012, when Ms. Ghosh, an internationally recognized disability rights activist and board member of the National Trust, was traveling from Kolkata to Goa to participate in an international conference. Despite holding a valid ticket and not requiring any assistive devices or escorts, she was abruptly asked to leave the aircraft by the flight crew upon the captain's orders citing safety concerns related to her disability. The incident caused her severe humiliation, trauma, and physical distress, forcing her to miss the conference.

The Supreme Court noted that the airline's action was taken without proper medical assessment or consultation with Ms. Ghosh and reflected a deep insensitivity and lack of awareness about disability rights. The Court emphasized that persons with disabilities have a constitutional right to equality and dignity, which extends to the right to travel without discrimination and humiliation. It further recognized that such rights have been strengthened by various international conventions, including the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), ratified by India.

Crucially, the Court examined the Civil Aviation Requirements (CAR), 2008, issued by the Directorate General of Civil Aviation (DGCA), which explicitly prohibit airlines from refusing carriage to persons with disabilities and mandate appropriate assistance and accommodations. The Court found SpiceJet's actions violated these provisions and the Aircraft Rules, 1937. It also highlighted the gap between legislative intent and ground reality, urging the government and DGCA to adopt and implement more robust and sensitive policies.

The judgment also referred to the comprehensive recommendations of the Ashok Kumar Committee, appointed by the Ministry of Civil Aviation to review and update the CAR for persons with disabilities. The Court directed the DGCA and the Department of Disability Affairs to collaborate and incorporate these recommendations fully to ensure accessible, non-discriminatory air travel.

In awarding ₹10 lakh damages, the Court underscored the importance of recognizing and respecting the autonomy and dignity of persons with disabilities, rejecting the patronizing and paternalistic attitudes that often lead to their marginalization. The judgment called for sensitization and training of airline and airport staff to better understand and cater to the needs of disabled passengers.

The Court concluded by acknowledging Ms. Ghosh’s exemplary achievements despite her disability and stressed the need for societal change so that persons with disabilities can live independently, contribute meaningfully, and enjoy their fundamental rights without prejudice.

Statutory provisions

Constitution of India Articles 14, 16, 21; Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; Aircraft Rules, 1937 Rule 133A; Civil Aviation Requirements, 2008; Consumer Protection Act, 1986 Sections 12, 13

Jeeja Ghosh v. Union of India (SC) : Law Finder Doc Id # 765539