Airlines in India need to implement Rights of PwD Act provisions: Ruling

All airlines, including foreign companies, operating in the country are responsible for implementing the provisions of the Rights of Persons with Disabilities Act, 2016, the Court of Chief Commissioner of Persons with Disabilities said.

The court's ruling came after it took suo motu cognisance of a post on 'X' by Smrithy Rajesh alleging that her son, who has Autism, was ill-treated at the Bangalore airport by SriLankan Airlines employees.

The court's findings revealed a lack of awareness and sensitivity towards the needs of individuals with disabilities on the part of the airline's employees and the Directorate General of Civil Aviation (DGCA), it said.

The court also highlighted that the SriLankan Airlines' policy, if it necessitates medical clearance for select categories of persons with disabilities before boarding a flight, is inconsistent with the global civil aviation requirements.

"All airlines, whether Indian or foreign, operating in the country are responsible for implementing the provisions of the Rights of Persons with Disabilities (RPwD) Act, 2016, specifically outlined in sections 40 and 41, along with relevant rules and instructions," the court said.

"This underscores the importance of adhering to both the letter and spirit of the law to ensure the rights and dignity of persons with disabilities are protected," it said.

The court concluded that the DGCA cannot be absolved of its responsibility of ensuring that the provisions of the RPwD Act are implemented.

The court of the Chief Commissioner for Persons with Disabilities, part of the Department of Empowerment of Persons with Disabilities, oversees various responsibilities, including identifying legal inconsistencies, investigating rights deprivation, reviewing safeguards, studying international instruments, promoting research, raising awareness, and monitoring the implementation of the Rights of Persons with Disabilities Act.