Case Note & Summary
The case involved a writ petition filed by Javed Abidi under Article 32 of the Constitution, seeking directions for the implementation of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The petitioner, who is orthopedically impaired, alleged that the Union of India had failed to take effective steps for the Act's implementation since its commencement on February 7, 1996. He sought various reliefs, including the provision of aisle chairs and ambulifts by Indian Airlines, air travel concessions for all disabled persons, and the appointment of necessary officials under the Act. The court issued notices to the State Governments and Union Territories, leading to affidavits from the Union of India and various States indicating steps taken towards compliance with the Act. The court noted the establishment of the Central and State Coordination Committees, which were deemed necessary for achieving the Act's objectives. The petitioner raised concerns about the lack of facilities provided by Indian Airlines for disabled persons, particularly regarding air travel concessions, which were only available to visually impaired individuals. The Indian Airlines argued that economic constraints limited their ability to extend concessions to other disabled categories. The court acknowledged the economic considerations but emphasized the Act's objectives of creating a barrier-free environment and integrating persons with disabilities into society. Ultimately, the court directed Indian Airlines to grant air travel concessions to persons with locomotor disabilities of 80% and above, requiring certification from a medical officer. The petition was disposed of with these directions, and the court acknowledged the petitioner's efforts in bringing the matter to light, which facilitated the implementation of the Act's provisions.
Headnote
A) Constitutional Law - Right to Equality - Discrimination in Air Travel Concessions - Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Sections 2(i), 3 - The court addressed the issue of whether air travel concessions should be extended to persons with locomotor disabilities, similar to those provided to visually impaired individuals. The court held that individuals with locomotor disabilities of 80% and above are entitled to the same concessions as visually impaired persons, emphasizing the need for equality and non-discrimination (Paras 4-5).
Issue of Consideration
Whether the Indian Airlines should provide air travel concessions to persons with locomotor disabilities similar to those provided to visually impaired persons under the Persons with Disabilities Act.
Final Decision
The court directed Indian Airlines to grant air travel concessions to persons with locomotor disabilities of 80% and above, requiring certification from a medical officer. The petition was disposed of with these directions.
Law Points
- Article 32
- Persons with Disabilities (Equal Opportunities
- Protection of Rights and Full Participation) Act
- 1995
- Section 2(i)
- Section 3
- Section 9
- Section 13
- Section 57
