Supreme Court

Jeeja Ghosh & Anr. v. Union of India & Ors.

12.05.2016

Human Rights

Court remonstrates apathy against disabled persons

The Supreme Court emphatically denounced the actions of a Spicejet airline crew of deboarding a woman, Jeeja Ghosh, suffering from cerebral palsy “in the larger interest and safety of other co-passengers”.

It cited the constitutional value of human dignity, and quoted extensively the struggles of persons suffering from mental and physical disabilities. In the instant case, Ms. Ghosh had boarded the aircraft unaided and did not rely on an assisting device. Rather, the airline had claimed that blood and froth oozed from her mouth. Evidence regarding the same was not produced before court and Ms. Ghosh submitted that her condition resulted from the abrasive conduct of airline personnel.

Noting that Ms. Ghosh was not suffering from any medical condition precluding her from flying - especially since Spicejet offered to ferry her the next day - the court ruled that the airline was in contravention of Civil Aviation Requirements of 2008. The Rules prohibit an airline from refusing to carry a person with disability of reduced mobility. Ms. Ghosh was awarded Rs. 10,00,000 in damages.

Tags : cerebral palsy airline de-board humiliation

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