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Supreme Court of India 2016-05-12 allowed

Jeeja Ghosh & Anr vs Union of India & Ors

Bench: 2 — A.K. Sikri

In Brief

Ms. Jeeja Ghosh, a disabled person with cerebral palsy, was forcibly de-boarded from a SpiceJet flight in 2012 solely because of her disability, causing her trauma and preventing her from attending an important conference. The Supreme Court held that this violated her fundamental rights and statutory protections under the Aircraft Rules and Civil Aviation Requirements. The Court found that the airline failed to comply with mandatory provisions protecting disabled persons and treated her with insensitivity and lack of due process. Awarding Rs. 10 lakh damages, the Court emphasized that persons with disabilities are equal members of society entitled to human dignity, and that systemic improvements in staff training, compliance monitoring, and grievance mechanisms are essential to prevent such discrimination in air travel.

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Disability Rights Civil Aviation Law Human Dignity Fundamental Rights Non-Discrimination Article 21 (Right to Life) Article 14 (Equality) Consumer Protection Transportation Public Interest Litigation

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