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Case Name - Jeeja Ghosh & Anr. v. Union of India & Ors.
Case Citation - (2016) 7 SCC 761
The Relevant Acts and Sections -
Articles 19, 21, 32 of the Indian Constitution
Parties Involved -
Petitioner - Jeeja Ghosh
Respondent 1 - Union of India
Respondent 2 - The Directorate General of Civil Aviation (DGCA)
Respondent 3 - Spice Jet Airlines
Bench -
Justice A.K. Sikri
Justice R.K. Agrawal
Facts of the Case
Jeeja Ghosh was born with cerebral palsy, a disorder caused by a lack of oxygen to the brain, which occurred either during pregnancy or during labor. Ghosh has spent more than two decades working in the social sector. She believes in a righteous approach and the dignity of all people. She has been active in the disabled people's movement and is involved in other disability-related activities throughout India.
Ms. Jeeja Ghosh's return flight ticket was purchased by the 2nd Petitioner from Respondent No. 3, Spice Jet Ltd. During the flight, Jeeja was approached by a flight crew member who demanded to see her boarding pass.
The crew member was concerned that her impairment would put her health at risk during pregnancy or delivery. She was told to exit the plane, despite the fact that she had told the flight crew that she needed to travel to Goa for an important conference.
She was taken off the airplane. After a disagreement with the airlines and their authorities. She later learned that the Captain had insisted on her being evacuated owing to her condition and that she would be a danger to other passengers.
Ms. Jeeja suffered from shock and trauma as a result of the occurrence. She was taken to the doctor because she was having difficulties sleeping and eating correctly, and she was prescribed medication. She was unable to fly to Goa on February 20th due to the aforementioned circumstances and consequently missed the conference entirely. It humiliated and traumatized her, as well as the organizers and all others who had the chance to hear her and her experiences, as well as her interpretation of the Indo-German under review.
Petitioner No. 1 resents the fact that even after four years, every time she gets a flashback, she is haunted by the moment where she was dragged from the plane like a criminal. Because of the experience, she still has nightmares and traumas.
In relation to the incident, the Respondent has addressed Jeeja an apology letter for trivializing the matter by simply stating that 'inconvenience caused' was 'in advent.' The Petitioner has also filed a complaint with the Chief Commissioner for Persons with Disabilities and the Ministry of Social Justice before approaching the court.
A Writ Petition has been filed under Article 32 of the Indian Constitution by the Petitioner. In her petition, she stated that flight crew members' actions were absurd because they were both illegal and discriminatory.
Issues of the Case
Whether Article 21 of the Indian Constitution was violated by the respondents?
Whether the Respondent is liable under the provisions of the Persons with Disabilities Act, 1995?
Arguments of the Petitioner
It was stated that the petitioner's fundamental rights had been clearly violated. There is a breach of Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, as well as Articles 19 (1) (d) and 19 (1) (g), which guarantee the freedom to roam freely throughout India and perform any profession, trade, or business.
Spice Jet Airlines’ denial of carrying her was in violation of the provisions of the Persons with Disabilities Act, 1995
Arguments of the Respondent
Respondent No. 2 DGCA observed, "It was somewhat unusual for a Governmental agency to come out in favor of the present petition, so far as it aids in the implementation of the prescribed rules."
Ms. Jeeja Ghosh, according to Respondent No. 3 Spice Jet, failed to disclose her disability when booking her flight ticket and at check-in, and the Respondent could not risk taking the Petitioner on a 5-hour journey.
Medical clearance was also required, according to Spice Jet Airlines, because cerebral palsy affects bodily mobility, muscle control, muscle coordination, muscle tone, reflex, posture, and balance, according to medical literacy. Fine motor skills, gross motor skills, and oral motor functioning can all be affected. As a result, Jeeja Ghosh may have faced serious consequences during the long flight, which would have been a major problem.
Judgment of the Case
Jeeja Ghosh has cerebral palsy and is a disabled person. Her illness didn't require the use of any assistive gadgets or aids. At the time of security check-in, she had only requested assistance with her luggage from the check-in counter. She boarded the plane without assistance. This was seen not only by the people at the check-in counter but also by the security staff who frisked her and the flight attendant who helped her carry her luggage up to the plane. Even if we assume that there was any blood or froth pouring out of the edges of her lips while she was seated in the plane (which she vehemently denies), nobody seemed to care to interact with her before asking her to de-board the flight.
Several people with disabilities report that they are unable to live a complete life as a result of societal hurdles and discrimination in employment, public spaces, transportation, and other areas. Not only in society, but especially in the family, those with disabilities are the most ignored. They are frequently the target of pity. There are few genuine attempts to integrate them into the mainstream. The lack of concern for their plight is so widespread that even the number of disabled people in the country is not well documented.
The Hon'ble Court also stated that the disabled do not require pity and merely desire to be trusted. People are unaware that disabled people have certain rights as well. Non-disabled people constantly underestimate handicapped people's skills, yet disabled people aspire to be self-sufficient. The Hon'ble Court further remarked in the judgment that Ms. Jeeja Ghosh is an example of a disabled person's spirit and courage. She has accomplished a great deal in her life and has surmounted many obstacles. She has grown into a responsible citizen of this country, despite her limitations.
The Hon'ble Court found that Jeeja Ghosh did not receive the proper, fair, and reasonable treatment that she was entitled to under the law and that the decision to de-board her in the circumstances demonstrated a complete lack of sensitivity. It was a form of unjustified prejudice against her. The Supreme Court granted damages of Rs.10,000,000.00, which Respondent No. 3 was required to pay within two months of the date of the verdict.
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