December 13, 2013
*The Director General of Civil Aviation* *New Delhi* Dear Sir, This is to lodge our protest against another instance of insensitive handling of a passenger with disabilities. The incident took place on December 7, 2013 at the Kochi airport. The flight was 6E 138. The operator was Indigo Airlines. Malini Chib, who, ironically was returning after attending a conference of disabled persons – the conference of the National Platform for the Rights of the Disabled (NPRD) -- was initially refused a boarding pass by the Indigo Airlines. The insensitive ground staff were clueless about her condition and compelled Ms. Malini’s assistant, who was accompanying her, to sign an indemnity bond. The ground staff were unable to comprehend that Ms. Chib was not suffering from any disease or medical condition that could have deteriorated onboard that warranted the signing of an indemnity bond. This is a clear violation of the provisions of Para 4 & 5 of the existing DGCA Civil Aviation Requirements (CAR) for persons with disabilities. Para 4 mandates that “No airline shall refuse to carry persons with disability...........”. Para 4 also lays down that “All airlines and airport management shall run program for their staff engaged in passenger handling ..........”. Para 5 clearly states that “No medical clearance or special forms shall be insisted from persons with disabilities ......” This deplorable act by the airline, which makes tall claims of its disabled friendliness, is also a violation of the provisions of the Persons with Disabilities Act, 1995 as well as the United Nations Convention on Rights of Persons with Disabilities. Earlier too we have been raising the issue of violation of the rights of persons with disabilities by several private operators. After several such incidents of insensitive handling of disabled passengers were highlighted, the Ashok Kumar Committee was set up which had made certain recommendations on revision of the CAR for persons with disabilities. Unfortunately, though the DGCA has come out with the Draft of the revised CAR for carriage of persons with disability and reduced mobility six months back, it is yet to notify them. In the meanwhile, we demand that the DGCA proceed against Indigo Airlines for non-compliance of the directives of the existing CAR. As per Schedule VI of the Aircraft Rules, 1937, non-compliance of directives issued under rule 133-A constitutes a Category III offence, which is punishable with imprisonment for a term not exceeding six months or with fine not exceeding two lakh rupees, or both. It goes without saying that only exemplary punishment would act as a deterrent for such violations in the future. The airline should not be allowed to go scot-free, as has been the case with such incidents that have occurred earlier. Thanking you Yours truly, *(Muralidharan)* *Secretary* *National Platform for the Rights of the Disabled (NPRD)* *4, Ashoka Road, New Delhi 110 001* *9868768543* Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
