So as to maintain human dignity, people with disabilities shall not be asked to remove their prosthetic limbs or calipers at the Airport Security Checks. This was held by the Supreme Court in response to the petition filed by one disabled rights activists to ensure convenient air travel for differently abled persons.
The Court also observed that lifting a person with disability during security check up is inhumane treatment and should not be done without prior consent.
The Bench comprising Justice Hemant Gupta and Justice V Ramasubramanian, hearing a petition from one Jeeja Ghosh, who was forcibly de-boarded from a Spicejet flight due to her disability. To the same , the Supreme Court had directed the Spice Jet to pay Rs 10 Lakhs as compensation to Jeeja for violating her right to dignity. The Court issued further directions to DGCA ( Directorate General of Civil Aviation ) to modify its guidelines to ensure the dignity of persons with disability during air travel.
The Directorate General of Civil Aviation was directed to look into the suggestions which were given by the petitioner with due regards to the application and to make further amendments to CAR guidelines.
On July 2, 2021, the DGCA came up with new draft guidelines “Carriage by Air of Persons with Disability and/or Persons with Reduced Mobility'’
After multible objections contended before the Court, the Court invited suggestions to the draft guidelines and expressed hope that the Civil Aviation will consider such suggestions and objections.
While disposing off the petition , the Court observed these two fundamental observations :
1) No differently abled person should be manually lifted without his consent. Lifting of a person manually is inhumane. The suggestion in this regard mad
2) The security check up at airports should be done in such a manner that no disabled person is required to remove the prostethic limbs/calibers.