'Sensitise Airport Staff': Supreme Court Endorses Centre's Guidelines On Airport Assistance For Persons With Disabilities

The Supreme Court on November 12 disposed of a writ petition filed by Arushi Singh, a person with benchmark disability, who had approached the Court about the humiliation she had to face at the Kolkata airport where she was allegedly asked to stand up by security personnel. The Court held that the guidelines suggested by the Union Government for the treatment of specially-abled persons with dignity at the airport shall be treated as mandatory onwards and shall also extend to elderly and injured passengers in need of wheelchair assistance. 

Singh, who graduated from the National Law Institute University, Bhopal and earned a LL.M. from the National University of Singapore, filed the writ petition referring to her experience at the airport on January 31, 2024.

As per the petition, she had to wait for approximately 20 minutes outside the airport as no assistance was available for her transfer. Subsequently, during the security screening, she was asked to stand in her wheelchair thrice without any valid reasoning, despite her repeated explanations about her disability. It was alleged that the insensitivity displayed by Central Industrial Security Force (CISF) personnel during the screening process left the petitioner feeling disrespected and stripped of her dignity.

She sought mandamus from the Court directing the Respondents (Union of India, Airports Authority of India and CISF) to effectively enforce the regulations and operating procedures laid down in line with the Rights of Persons with Disability Act, 2016; Accessibility Standards and Guidelines for Civil Aviation 2022; Series M of Civil Aviation Requirements, 2014, and Screening Guidelines followed by CISF security for Passengers with Disability.

A bench of former Chief Justice of India D.Y. Chandrachud and Justice J.B. Pardiwala found that the issues raised in the petition require consideration at the end of the Union of India. 

On November 12, Additional Solicitor General Aishwarya Bhati, along with Advocate-on-Record Abiha Zaidi (for Petitioner) suggested that a joint statement listing the suggestions has been filed.

Based on this, a bench of Justices J.B. Pardiwala and Pankaj Mithal disposed of the petition on November 12.

Suggestions of the Union for specially-abled to navigate at the airport with dignity 

The Union Government's first suggestion is, a mobile application for real-time wheelchair availability where real-time updates on the number of wheelchairs available at specified/demarcated points in the airports where users seeking the same may approach.

Second, mandatory availability of mechanised wheelchairs. This is for wheelchair passengers travelling solo or those who might not be provided with timely assistance by concerned authorities. Through this, making available a certain number of mechanised wheelchairs at every gate/wheelchair collection point may be made available so as to reduce the hindrance that may be caused by their unattended/unassisted navigation through the airports. 

Third, coding of boarding passes. It is suggested that boarding passes of specially abled individuals contain two new components. The first is an 'Alphabet Code' that indicates the nature of disability. The second element may be a 'Color Scale' which may denote the severity of the disease. 

Fourth, it is suggested that the Unique Disability Identity Database be integrated into existing ticket booking websites. The database is a repository of information of individuals who are suffering from various sorts of disabilities and contains an extensive list of disabilities in various categories.

This will help in a more seamless and instant transmission of verified information about the travellers' disability and allow for appropriate assistance to them. 

Fifth, specialised kiosks for dispensing boarding passes be integrated into airport infrastructure. At airports across the country, some kiosks provide a contactless experience for the receipt of boarding passes. These kiosks can be repurposed to provide access to the disabled as well. Such repurposing would involve the addition of Voice Recognition and Response technology that is already being used by the Indian Railways to assist passengers in determining the running status of trains across India.

Lastly, it is suggested that airport staff be given regular sensitization training, in addition to their regular security training. Training for this purpose can be divided into two categories: staff required to regularly interact with specially-abled individuals and all other staff. For category 'a' staff, it is suggested that they may be trained more regularly; either tri-annually or squarely. 

The training would involve introducing the staff to various forms of disabilities and their consequences for the afflicted individuals. Additionally, the classes would involve training in successfully and sensitively assisting specially abled individuals in any issues they may face during transit. It is suggested that staff will undergo regular evaluation for the same.

During the hearing, Zaidi requested that all these suggestions shall be treated as mandatory guidelines.

The Court agreeing to the suggestion, added that it shall not only be limited to wheelchair users. It shall extend to elderly and injured passengers who may be in need of assistance with wheelchairs.

The Court further accepted Zaidi's suggestion that the aforesaid guidelines shall not be construed to mean that physical assistance which is being provided at various airports is now to be withdrawn.

Lastly, the Court disposed of the petition not before observing: "We dispose of the Writ Petition in the aforesaid terms laying more stress on sensitizing the staff at the airport to be more compassionate towards the specially abled passengers."

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