Indian airlines SpiceJet gets a Rs 1 million fine for offloading disabled passenger

In a landmark judgement, India’s Supreme Court has asked budget Indian airlines SpiceJet to pay Rs 1 million ($15,000) in damages to a disabled passenger, who was forcibly offloaded from a flight in 2012. The court said that the deboarding of the flyer, who suffers from cerebral palsy, reflected a “total lack of sensitivity” and “unreasonable discrimination”.

Disability rights activist Jeeja Ghosh was deboarded from a SpiceJet flight in Kolkata to Goa in February 2012. Ironically, she was traveling to attend a conference on disability. The court noted that the airlines did not give Ghosh “appropriate, fair and caring treatment”, and called its decision to deboard her “uncalled for” and in violation of "human dignity".

“A little care, a little sensitivity and a little positive attitude on the part of the officials of the airlines would not have resulted in the trauma, pain and suffering that she had to undergo,” the court stated.

The airlines had claimed that there was blood and froth oozing from Ghosh’s mouth, which violated guidelines. Ghosh contested the claim and went to court. “No doctor was summoned to examine her condition. Abruptly and without any justification, a decision was taken to deboard her without ascertaining as to whether her condition was such which prevented her from flying,” the court said.

Ghosh has called the verdict a victory for “the entire specially-abled community.” The court also highlighted the social barriers faced by disabled persons in India, “What is to be borne in mind is that they are also human beings and they have to grow as normal persons and are to be extended all facilities in this behalf,” the court added. “Persons with disability are a most neglected lot not only in the society but also in the family.”