2 days ago
Air India Ordered to Pay Rs 5 Lakh Over De-boarding
Falguni Maheshwari uses a wheelchair and has an 80 per cent locomotor disability.
She flew from Frankfurt to Delhi without a medical problem being raised.
While boarding her connecting flight from Delhi to Bhuj, airline staff asked her for a certificate saying she was fit to fly.
They then made her leave the plane after she had taken her seat.
Maheshwari said nobody properly examined her or explained the decision in writing.
Her powered wheelchair was also damaged.
Air India said staff were worried because she appeared tired and had a cough and cold.
A disability rights commissioner found that the airline did not follow important safeguards.
Air India must pay her Rs 5 lakh and an additional Rs 50,000 fine was imposed.
Air India de-boarded wheelchair user Falguni Maheshwari from a Delhi-Bhuj flight after asking for a “Fit-to-Fly” certificate.
The 80 per cent locomotor-disabled passenger said she was not medically examined or given written reasons before being removed from the aircraft.
Maheshwari’s powered wheelchair was returned damaged, and she had to arrange alternative travel at her own expense.
The disability rights commissioner said accessibility, equality, dignity and reasonable accommodation are statutory rights, not concessions.
Air India was ordered to pay Rs 5 lakh in compensation and fined Rs 50,000 for violating safeguards governing air travel by persons with disabilities.
- Who
- Falguni Maheshwari, an 80 per cent locomotor-disabled wheelchair user, and Air India Limited.
- What
- Maheshwari was de-boarded from a Delhi-Bhuj flight after being asked for a “Fit-to-Fly” certificate; Air India was ordered to pay compensation and a fine.
- Where
- On an Air India connecting flight from Delhi to Bhuj, India.
- When
- The ruling was issued on September 24; Maheshwari’s flight incident occurred after her Frankfurt-to-Delhi journey on May 26.
- Why
- The disability rights commissioner found violations of statutory and regulatory safeguards, along with humiliation, distress, inconvenience and financial hardship suffered by Maheshwari.
Passenger and Disability-Rights Arguments
Air India’s Position
Reason for de-boarding
Passenger and Disability-Rights Arguments
Maheshwari’s advocates argued that she was removed after boarding without a medical examination, proper medical basis or written reasons, and that her disability-related characteristics may have been treated as signs of unfitness.
Air India’s Position
Air India said she was not denied carriage because of her disability and that the decision followed concerns about her health and safety because she appeared extremely tired and had a cough and cold.
Medical clearance procedure
Passenger and Disability-Rights Arguments
Maheshwari’s advocates said the certificate requirement had not been communicated at booking, check-in or boarding and that she had already completed the Frankfurt-Delhi journey without such a requirement.
Air India’s Position
Air India said medical clearance could be required under applicable civil aviation requirements when an airline has concerns about a passenger’s medical fitness. The Ministry of Civil Aviation representative said the procedure contemplates medical consultation or assessment at the airport.
Wheelchair damage and remedy
Passenger and Disability-Rights Arguments
Maheshwari sought compensation and systemic action, saying the damaged powered wheelchair caused additional hardship and affected her mobility, independence and dignity.
Air India’s Position
Air India said the wheelchair was damaged during handling and expressed willingness to repair it or compensate her; it also said she was accommodated on the next available Air India flight without an additional fare.
Key facts
- Passenger
- Falguni Maheshwari, an 80 per cent locomotor-disabled wheelchair user
- Compensation
- Rs 5 lakh for mental agony, humiliation, distress, inconvenience and financial hardship
- Fine
- Rs 50,000 for contravening safeguards governing air travel by persons with disabilities
- Flight route
- Delhi to Bhuj
- Certificate demanded
- A “Fit-to-Fly” certificate
- Wheelchair issue
- Maheshwari’s powered wheelchair was returned damaged
- Relevant framework
- The Rights of Persons with Disabilities Act, 2016, and applicable Civil Aviation Requirements
Quotes
Court of the Chief Commissioner for Persons with Disabilities
The disability rights court that adjudicated Maheshwari’s complaint against Air India
“Accessibility, equality, non-discrimination, dignity and reasonable accommodation are not matters of concession or benevolence, but are statutory rights.”
indianexpress.com
S Govindaraj
Commissioner for Persons with Disabilities who issued the ruling
“A wheelchair is an essential assistive device integral to her mobility, independence, and dignity”
indianexpress.com
Sources
Related news
Delhi Commission Orders Airline to Pay Passenger Rs 68,000
Consumer Court Orders Airline to Pay for Three Lost Bags
Delhi commission orders airline to pay Rs 1.5 lakh
Mumbai Consumer Commission Orders SpiceJet Refund and Compensation
Airline Ordered to Pay Rs 85,816 After Missed Connection
Delhi Airport Launches Free Reading Zone For Waiting Passengers
India, Vietnam Revise Air Deal, Raise Weekly Seat Capacity
Andhra Pradesh Signs MoU for Modified UDAN Scheme
Aviation Ministry Signs 21 UDAN Agreements to Expand Regional Connectivity
