This undertaking only implies that the disabled people are treated by the airline operators as goods and not as human beings. The Directorate General of civil aviation, the body in charge of regulating air transport services has not come out with any rules or regulations in respect of safety and protection of rights of the persons with disability or reduced mobility. We therefore have to look into the rules and regulations of other nations.
In this line the first significant regulation is the Regulation (Ec) No 1107/2006 of The European Parliament and of The Council of 5 July 2006, Concerning the Rights of Disabled Persons and Persons with Reduced Mobility when traveling by air. This Regulation establishes rules for the protection of and provision of assistance to disabled persons and persons with reduced mobility travelling by air, both to protect them against discrimination and to ensure that they receive assistance. Art.1
This regulation takes in to account the very vocabulary that is used to describe persons with disability. It defines reduced mobility as disabled person’ or ‘person with reduced mobility’ means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers; Art. 2
In this definition the term disability is removed from the context of physical condition to the ability to move in the given built environment. It includes aged and the children within its ambit along with persons with certain physical conditions impairing their free mobility. It therefore uses the term person with reduced mobility.
It recognizes the Right of the persons with reduced mobility to reservation and embarking in flights. Art. 3
An air carrier or its agent or a tour operator shall not refuse, on the grounds of disability or of reduced mobility: (a) to accept a reservation for a flight departing from or arriving at an airport to which this Regulation applies;
(b) to embark a disabled person or a person with reduced mobility at such an airport, provided that the person concerned has a valid ticket and reservation.
In case of specific situations where the embarking cannot be made the regulation in art. 4 Provides as follows:
In the event of refusal to accept a reservation on the grounds referred to under points (a) or (b) of the first subparagraph, the air carrier, its agent or the tour operator shall make reasonable efforts to propose an acceptable alternative to the person in question. A disabled person or a person with reduced mobility who has been denied embarkation on the grounds of his or her disability or reduced mobility and any person accompanying this person pursuant to paragraph 2 of this Article shall be offered the right to reimbursement or re-routing as provided for in Article 8 of Regulation (EC) No 261/2004. The right to the option of a return flight or re-routing shall be conditional upon all safety requirements being met.
The regulations mandates cumpolsory training for all the staffs even if they are employed by a third part contractor.
Art. 11 Air carriers and airport managing bodies shall:
(a) ensure that all their personnel, including those employed by any sub-contractor, providing direct assistance to disabled persons and persons with reduced mobility have knowledge of how to meet the needs of persons having various disabilities or mobility impairments;
(b) provide disability-equality and disability-awareness training to all their personnel working at the airport who deal directly with the travelling public;
(c) ensure that, upon recruitment, all new employees attend disability related training and that personnel receive refresher training courses when appropriate.
Article 12 provides for Compensation for lost or damaged wheelchairs, other mobility equipment and assistive devices whilst being handled at the airport or transported on board aircraft, in accordance with rules of international, Community and national law.
The regulations of the EU provides for filing complaints, appeals, redresses compensations for breach of regulations etc.
Access to Air Travel for Disabled People – Code of Practice ; united kingdom is the ratifying code which ratifies the EU Regulations. It emphasizes that the costs of providing assistance to disabled passengers at airports should not be passed directly to those disabled passengers and that it is cost effective to ensure that access for disabled people is included from the outset as part of the initial design of an aircraft and airport terminal and this directly benefits all customers. for its full text visit www.dft.gov.uk
Sunday, July 22, 2007
Saturday, July 21, 2007
Consumer responsibility in civil aviation - part 1
Rajeev Rajan, Meenakshi and Smith are my motivation for writing this blog. They are the coordinators of the Disability Legislation Unit, South and they themselves are persons with disability (reduced mobility). This unit is a joint project of Vidya Sagar (Formerly Spastics Society of India, Chennai) and National Centre for the Promotion of Employment of Disabled People (NCPEDP), which works towards ensuring the implementation of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995. These organizations work to raise awareness of the rights of Disabled People in the society and to lobby with the policy makers and the decision makers to frame appropriate policies. Rajeev is also one of the sub committee members of the National Trust a Statutory body formed by the National Trust Act.
These three persons travel extensively throughout the country and even abroad, campaigning for the Rights of the Persons with Disability. Every time they travel by flight they come back with a story of violation and discrimination faced by them from the airliners. The discrimination does normally revolve around accessibility into the aircraft and in the aircraft. The incident on 18th June, 2007 with the air Sahara, now jet light, is totally different than all other previous experiences. Rajeev was totally denied of his right to travel in the aircraft without an escort.
Rajeev is a Person with Cerebral Palsy, a nervous condition affecting the locomotory functions and hence he uses wheel Chair for his mobility. He was invited by the National Trust for a meeting scheduled on 18.06.07, at Delhi to discuss and plan Training on Disability and Equity for the Local Level Committee members. For this he had booked tickets to fly by Air Sahara on 18th June 2007, which was scheduled to take off at 6.35 A.M.
At the time of check in one of the Air Sahara employees came to him and asked him if he had an escort. Rajeev told him that he was a frequent traveller and used to travel alone all time, The Air Sahara Employee did not listen to what was said and took him to the Air Sahara cabin, made him to wait outside the cabin and asked him for his fit to fly certificate. Then they asked for the boarding passes of his previous travel. They also wanted him to give his residence number. Finally, they told him that he can’t travel and tried to push him with the wheel chair. When he told them firmly that he needed to fly. They called the police to send him out of the Air Port. A couple policemen knew him, as he is a frequent flyer. The policemen explained to the Air Sahara personnel, but the flight took off without him. After a long verbal war, The Air Sahara Personnel spoke to the Director of Vidya Sagar and after this offered to fly him by different Air Lines. The Air Sahara at last tried to arrange for the travel through the Spice jet, which is which is another air travel service provider undertaken by Air Shara. Even Spice Jet refused to accommodate him because of his disability.
Due to all these unbearable incidents Rajeev was unable to travel. This patently against the Right to move thought the Indian Territory [Art.(19)(1)(d)] and Right to Equality before the Law and Equal Protection of Law within the territory of India[Art.(14)]Subsequent to the above incident the Disability Activists highlighted these violation Rights through the media. Following the uproar Hindustan Times and the Indian Express and several other local newspapers reported on 21.06.07 that the Jet light apologises for the incident. However, on 22.06.07 it was reported in the Hindustan times, that the air Sahara withdrew the apology.
On 19.01.04 when Rajeev travelled in air Sahara Kolkatta. At that time he was forced to take a tablet by a lady accompanied by the Airhostess. The lady did not even identify herself. Neither of them told the name of the tablet. A Complaint was filed in this regard before the Special Commissioner Disabilities, Chennai which was later forwarded to the Chief Commissioner and it is still pending. We are also able to find out that there are atleast three cases pending against the Air Sahara/ Jet Airways in Case Nos. 3111/05, 3196/06 and 3299/2006 before the Chief Commissioner.
The Chief Commissioner has taken up the recent incident of denial of right to travel Suo motto and has issued summons to the Air Sahara. In this notice the Chief Commissioner office has clearly stated that the persons with Cerebral palsy do not require an escort to travel and that the Cerebral Palsy is not a medical condition.
A Representations was sent by the disability legislation unit of Vidya Sagar to Air Sahara by fax on 23.06.2007 and a reply has been sent by the acting Chief Executive of the Jet light claiming that they acted in the terms of the International Air Transport Association (IATA) Medical Manual and that they have followed all mandatory guide lines set out in the Manual. They also say that Rajeev has not followed the procedure prescribed in Clause 6.3.2. of the manual that requires a MEDIF form. This requires us to go into and study the IATA Medical manual.
The Manual begins with a disclaimer notice. This disclaimer states that:
“The information contained in this publication is subject to constant review in the light of changing government requirements and regulations. No subscriber or other reader should act on the basis of any such information without referring to applicable laws and regulations and/or without taking appropriate professional advice.”
This clearly goes to say that the Manual is only aid to a airline operator and do not specify any guidelines as such. Airline operator has to follow the local laws of the specific country and take expert opinion in each and every case of doubt.
As far as the requirement of the MEDIF IS CONCERNED the manual says as follows.
“6.3.2 MEDIF and FREMEC
If a passenger requires special handling arrangements, Part 1 of the medical information form (MEDIF) is used. If a passenger also requires medical attention, Part 2 is filled in by the attending physician. See Appendix ‘E’.
In Part 2 all medical information shown is strictly confidential. Whenever medical clearance is necessary, this form must be filled in. If no medical clearance is required and only special handling assistance is necessary, only Part 1 of the MEDIF is completed”.
This is very much clear in its plain language that the MEDIF is required only for a person who requires special handling. In the case of Rajeev he does not require special handling and for this reason he does not require MEDIF. Moreover the Air Sahara admits Clause 6.1.2 of the Manual, in para 2 of their reply letter. This clause illustrates kinds of persons requiring medical clearance. This again shows that Rajeev is not a person who requires medical clearance.
The Air Sahara has not showed a single rule or regulation that requires a person with Cerebral Palsy or any other disability of like nature cannot travel without an escort. These facts establishes that the Air Sahara is not ready and willing to provide the service as required by them even under several other provisions of the manual. In the first instance they do not have a medical practitioner team with them as required under the manual if no it would have been sufficient for them to take an expert advice from the medical team in respect of the safety concerns and responsibilities to accommodate a person with Cerebral Palsy. And the medical team would have explained them what Cerebral palsy is all about. It is for this reason that the service of the Air Sahara is against the provisions of the manual, which is projected by them as their sacrosanct document.
AIR DECCAN is no less than Air Sahara. Smitha and Meenakshi flew in Air Deccan flight No. DN 617 from Chennai to Kolkatta on 08.09.2006 to attend the 7th National Women’s Movement Conference held during September, 2006. Smitha has a condition called as Demilination (multiple sclerosis) and Meenakshi has low mobility due to post polio paralyses. Neither of them require mobility assistance in normal circumstances. The floor of the airport had a glazy surface and was too slippery for any one. This made them avail the wheel chair service at a cost of Rs. 200/- for each of them.
For having availed the wheel Chair service they were asked by the Air Deccan officials to sign an undertaking, which read as follows.
“ I the under signed hereby indemnify and hold harmless Air Deccan from and against any liability arising out of any bodily injury and/ or death, damage or loss that may suffer/ experience and also from any damages, payments, expenses, faced or cost which Air Deccan may incur as a result of accepting me on its flight…”
this will continue shortly with
Regulation (Ec) No 1107/2006 of The European Parliament and of The Council of 5 July 2006, Concerning the Rights of Disabled Persons and Persons with Reduced Mobility when traveling by air
and
Access to Air Travel for Disabled People – Code of Practice ; united kingdom
….. visit www.dft.gov.uk
These three persons travel extensively throughout the country and even abroad, campaigning for the Rights of the Persons with Disability. Every time they travel by flight they come back with a story of violation and discrimination faced by them from the airliners. The discrimination does normally revolve around accessibility into the aircraft and in the aircraft. The incident on 18th June, 2007 with the air Sahara, now jet light, is totally different than all other previous experiences. Rajeev was totally denied of his right to travel in the aircraft without an escort.
Rajeev is a Person with Cerebral Palsy, a nervous condition affecting the locomotory functions and hence he uses wheel Chair for his mobility. He was invited by the National Trust for a meeting scheduled on 18.06.07, at Delhi to discuss and plan Training on Disability and Equity for the Local Level Committee members. For this he had booked tickets to fly by Air Sahara on 18th June 2007, which was scheduled to take off at 6.35 A.M.
At the time of check in one of the Air Sahara employees came to him and asked him if he had an escort. Rajeev told him that he was a frequent traveller and used to travel alone all time, The Air Sahara Employee did not listen to what was said and took him to the Air Sahara cabin, made him to wait outside the cabin and asked him for his fit to fly certificate. Then they asked for the boarding passes of his previous travel. They also wanted him to give his residence number. Finally, they told him that he can’t travel and tried to push him with the wheel chair. When he told them firmly that he needed to fly. They called the police to send him out of the Air Port. A couple policemen knew him, as he is a frequent flyer. The policemen explained to the Air Sahara personnel, but the flight took off without him. After a long verbal war, The Air Sahara Personnel spoke to the Director of Vidya Sagar and after this offered to fly him by different Air Lines. The Air Sahara at last tried to arrange for the travel through the Spice jet, which is which is another air travel service provider undertaken by Air Shara. Even Spice Jet refused to accommodate him because of his disability.
Due to all these unbearable incidents Rajeev was unable to travel. This patently against the Right to move thought the Indian Territory [Art.(19)(1)(d)] and Right to Equality before the Law and Equal Protection of Law within the territory of India[Art.(14)]Subsequent to the above incident the Disability Activists highlighted these violation Rights through the media. Following the uproar Hindustan Times and the Indian Express and several other local newspapers reported on 21.06.07 that the Jet light apologises for the incident. However, on 22.06.07 it was reported in the Hindustan times, that the air Sahara withdrew the apology.
On 19.01.04 when Rajeev travelled in air Sahara Kolkatta. At that time he was forced to take a tablet by a lady accompanied by the Airhostess. The lady did not even identify herself. Neither of them told the name of the tablet. A Complaint was filed in this regard before the Special Commissioner Disabilities, Chennai which was later forwarded to the Chief Commissioner and it is still pending. We are also able to find out that there are atleast three cases pending against the Air Sahara/ Jet Airways in Case Nos. 3111/05, 3196/06 and 3299/2006 before the Chief Commissioner.
The Chief Commissioner has taken up the recent incident of denial of right to travel Suo motto and has issued summons to the Air Sahara. In this notice the Chief Commissioner office has clearly stated that the persons with Cerebral palsy do not require an escort to travel and that the Cerebral Palsy is not a medical condition.
A Representations was sent by the disability legislation unit of Vidya Sagar to Air Sahara by fax on 23.06.2007 and a reply has been sent by the acting Chief Executive of the Jet light claiming that they acted in the terms of the International Air Transport Association (IATA) Medical Manual and that they have followed all mandatory guide lines set out in the Manual. They also say that Rajeev has not followed the procedure prescribed in Clause 6.3.2. of the manual that requires a MEDIF form. This requires us to go into and study the IATA Medical manual.
The Manual begins with a disclaimer notice. This disclaimer states that:
“The information contained in this publication is subject to constant review in the light of changing government requirements and regulations. No subscriber or other reader should act on the basis of any such information without referring to applicable laws and regulations and/or without taking appropriate professional advice.”
This clearly goes to say that the Manual is only aid to a airline operator and do not specify any guidelines as such. Airline operator has to follow the local laws of the specific country and take expert opinion in each and every case of doubt.
As far as the requirement of the MEDIF IS CONCERNED the manual says as follows.
“6.3.2 MEDIF and FREMEC
If a passenger requires special handling arrangements, Part 1 of the medical information form (MEDIF) is used. If a passenger also requires medical attention, Part 2 is filled in by the attending physician. See Appendix ‘E’.
In Part 2 all medical information shown is strictly confidential. Whenever medical clearance is necessary, this form must be filled in. If no medical clearance is required and only special handling assistance is necessary, only Part 1 of the MEDIF is completed”.
This is very much clear in its plain language that the MEDIF is required only for a person who requires special handling. In the case of Rajeev he does not require special handling and for this reason he does not require MEDIF. Moreover the Air Sahara admits Clause 6.1.2 of the Manual, in para 2 of their reply letter. This clause illustrates kinds of persons requiring medical clearance. This again shows that Rajeev is not a person who requires medical clearance.
The Air Sahara has not showed a single rule or regulation that requires a person with Cerebral Palsy or any other disability of like nature cannot travel without an escort. These facts establishes that the Air Sahara is not ready and willing to provide the service as required by them even under several other provisions of the manual. In the first instance they do not have a medical practitioner team with them as required under the manual if no it would have been sufficient for them to take an expert advice from the medical team in respect of the safety concerns and responsibilities to accommodate a person with Cerebral Palsy. And the medical team would have explained them what Cerebral palsy is all about. It is for this reason that the service of the Air Sahara is against the provisions of the manual, which is projected by them as their sacrosanct document.
AIR DECCAN is no less than Air Sahara. Smitha and Meenakshi flew in Air Deccan flight No. DN 617 from Chennai to Kolkatta on 08.09.2006 to attend the 7th National Women’s Movement Conference held during September, 2006. Smitha has a condition called as Demilination (multiple sclerosis) and Meenakshi has low mobility due to post polio paralyses. Neither of them require mobility assistance in normal circumstances. The floor of the airport had a glazy surface and was too slippery for any one. This made them avail the wheel chair service at a cost of Rs. 200/- for each of them.
For having availed the wheel Chair service they were asked by the Air Deccan officials to sign an undertaking, which read as follows.
“ I the under signed hereby indemnify and hold harmless Air Deccan from and against any liability arising out of any bodily injury and/ or death, damage or loss that may suffer/ experience and also from any damages, payments, expenses, faced or cost which Air Deccan may incur as a result of accepting me on its flight…”
this will continue shortly with
Regulation (Ec) No 1107/2006 of The European Parliament and of The Council of 5 July 2006, Concerning the Rights of Disabled Persons and Persons with Reduced Mobility when traveling by air
and
Access to Air Travel for Disabled People – Code of Practice ; united kingdom
….. visit www.dft.gov.uk
Tuesday, July 3, 2007
Rt. to Information -guide to activist in disability sector
I am very happy to share with you a guide developed by Sakshi Trust and ActionAid India on the use of RTI to get information related to the issues faced by persons with disabilities
Sakshi Trust and ActionAid India have released a Right to information guide to improve government facilities for Disabled People.
Keeping in mind the maxim "Information is Power", this handbook intends to place power in the hands of Persons with Disability. Disabled persons are handicapped not because of their disability, but because of the lack of access to information about their rights, entitlements and procedures to access the entitlements.
Thus through this instrument we wish to empower each Person with Disability their family members, government and non-government development professionals and all other stakeholders to be able to advocate for themselves.
This book intends to provide a stepwise guide on drafting an RTI application in the context of disability. However, the book has been especially designed for use by NGO's, parents of disabled children, caregivers, students or any concerned individual in the Disability. It contains a detailed background on the different benefits that a disabled person is entitled to from the government. The main topics covered are disability certification, education, employment, public access, poverty alleviation schemes, assistive devices and complaint process and as such will be useful to any one seeking general information as well.
A ready to use list of applications have been pre-formatted and drafted and one can use this to seek information from any State or central office. We put down RTI applications for your reference so that you may seek relevant information in an effort to facilitate a more transparent and accountable system of governance.
The guide contains RTI applications for:
1. Obtaining a disability certificate
2. Facilitating barrier free access in government buildings
3. Improving access to public education and employment opportunities for disabled people
4. Ensuring complaints and appeals of disabled people are expedited by the Commissioner PWD
5. Reservation for PWD in poverty alleviation schemes.
You can download it from here:
http://www.actionaidindia.org/RTI_guide_Disability_Issues.htm
Sakshi Trust and ActionAid India have released a Right to information guide to improve government facilities for Disabled People.
Keeping in mind the maxim "Information is Power", this handbook intends to place power in the hands of Persons with Disability. Disabled persons are handicapped not because of their disability, but because of the lack of access to information about their rights, entitlements and procedures to access the entitlements.
Thus through this instrument we wish to empower each Person with Disability their family members, government and non-government development professionals and all other stakeholders to be able to advocate for themselves.
This book intends to provide a stepwise guide on drafting an RTI application in the context of disability. However, the book has been especially designed for use by NGO's, parents of disabled children, caregivers, students or any concerned individual in the Disability. It contains a detailed background on the different benefits that a disabled person is entitled to from the government. The main topics covered are disability certification, education, employment, public access, poverty alleviation schemes, assistive devices and complaint process and as such will be useful to any one seeking general information as well.
A ready to use list of applications have been pre-formatted and drafted and one can use this to seek information from any State or central office. We put down RTI applications for your reference so that you may seek relevant information in an effort to facilitate a more transparent and accountable system of governance.
The guide contains RTI applications for:
1. Obtaining a disability certificate
2. Facilitating barrier free access in government buildings
3. Improving access to public education and employment opportunities for disabled people
4. Ensuring complaints and appeals of disabled people are expedited by the Commissioner PWD
5. Reservation for PWD in poverty alleviation schemes.
You can download it from here:
http://www.actionaidindia.org/RTI_guide_Disability_Issues.htm
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