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