The rules governing air travel by persons with disabilities have been amended following the furore over IndiGo airlines’ treatment of a child with special needs
The rules governing air travel by persons with disabilities have been amended following the furore over IndiGo airlines’ treatment of a child with special needs
The story so far: On July 22, aviation regulator Directorate General for Civil Aviation (DGCA) released an amended set of rules for enabling travel for individuals with disabilities.
The new provisions explicitly states that a disability cannot be a ground for an airline to deny boarding to a passenger. However, should the airline perceive that the passenger’s health may deteriorate mid-air, it would have to seek a doctor’s opinion categorically mentioning the medical condition. Accordingly, it has to be determined if the passenger is fit to fly. If not, the reasons need to be specified in writing.
The previous version of the rules neither stated that a disability cannot be a ground for refusing to board a passenger nor made it obligatory to seek a medical opinion. It merely stated that if an airline refuses to carry a passenger with a disability or reduced mobility, they must specify their reasons in writing, describing how “transportation of such persons may be inimical to the safety of the flight.”
However, disability rights groups have stated that asking passengers to produce a fitness certificate unfairly targets and discriminates against people with a disability. They argue that no such requirement is imposed on members of the general population who may be actually sick.
The move followed outrage sparked by IndiGo’s refusal to board a child with special needs last month. According to the airline, the passenger was in a state of panic and considered a safety risk. The DGCA found IndiGo deficient in its handling of the situation and imposed a fine of Rs 5 lakhs.
In this context, the Ashok Kumar committee’s 2012 report had suggested that airline staff could comfort anxious passengers during flight cancellations and delays, adding that a prerequisite training must address ‘identifying such needs’ as not all differently-abled people are anxious and vice versa.
The governing legislation
The Civil Aviation Requirements (CAR) deal with the carriage by air of persons with disability and/or reduced mobility in Section 3, Series M, Part I, effective from February 2014.
The objective of the CAR is to standardize conditions for travel of persons with disabilities and reduced mobility “so as to facilitate their acceptance and handling of their carriage by the airlines, airport operators, ground handling agencies, etc.” The CAR aims to prevent discrimination and ensure that such passengers receive any required assistance.
The CAR does not encompass the entirety of the law related to persons with disabilities and so must be read in tandem with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and any rules issued by Ministry of Social Justice and Empowerment under this Act.
The conversation about disabled-friendly infrastructure and operating procedures at airports especially gained momentum after a low-cost carrier had to pay Rs 10 lakh as damages to disability activist Jeeja Ghosh for denying her boarding in 2012. The pilot was uncomfortable with a woman having cerebral palsy flying on her own. The Supreme Court concluded the airline was guilty of inflicting mental and physical suffering and unreasonable discrimination.
The CAR applies to both Indian and foreign operators engaging in scheduled air transport in India.
Person with disability
The CAR defines a person with a disability as an individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. Physiological disorders as well as mental and psychological disorders are covered under the definition.
A person with reduced mobility (PRM) has been defined as a person whose mobility is reduced due to any physical disability, which may be sensory, locomotor, permanent or temporary; intellectual disability or impairment; or age.
What rules are airlines expected to follow?
Booking and checking-in
Airlines cannot discriminate against disabled people while providing access to internet booking, special or discounted fares, time limits for holding bookings or reservations on the telephone. The CAR states that airlines cannot refuse to carry persons with disability or reduced mobility and their assistive aids/devices, escorts, and guide dogs.
If informed in advance (at least 48 hours) and after levying applicable charges, airlines shall provide for carrying passengers unable to use the standard airline seat, on stretchers and associated equipment. For emergency travel, airlines are expected to make “all reasonable efforts to provide the best possible assistance”.
Airline websites must also allow passengers with disabilities to select facilities required for their journey, according to the CAR. Any restriction on the carriage of such passengers or their mobility equipment due to aircraft size should also be clearly mentioned. Passengers checking in with their own wheelchair will be given the option of using an airport wheelchair. A passenger using their own wheelchair must ensure that it conforms to the Disabled Persons Transport Advisory Committee (DPTAC), UK and that it can navigate the airport and the aircraft.
Additionally, checked-in baggage is required to be tagged with an “Assistive Device” label, as per the rules. Any assistive devices weighing up to 15 kg are to be permitted as additional baggage free of charge.
Security check
The Ministry of Civil Aviation issued draft accessibility standards and guidelines on October 26, 2021, which also stipulated the procedure to be followed while screening passengers with disabilities.
Passengers with a disability, if they have the capacity to do so, are required to pass through Door Frame Metal Detectors (DFMD). Per the draft, passengers are required to inform security officials of the existence of prosthetics. A prosthesis is a device that seeks to replace a missing part of the body or to make a part of the body work more efficiently, such as arms, hands, legs or joints.
In such a case, after passing through the DFMD and other security checks, the passenger should be taken to a private area for additional screening, including a pat-down, ETD or X-ray. The draft stresses that the privacy and dignity of the passenger should be maintained without exposing any sensitive areas.
“A prosthetic appliance which does not have any foam padding cover under which any weapon or explosive can be concealed and in which the steel rod of the appliance is clearly visible may be screened by visual inspection and ETD checks only, without removing it,” reads the draft.
If it is strictly required, in rare cases X-ray screening of the prosthetics may be done. However, the reasons for such screening must be recorded in a register. If prosthetics are covered in foam padding and steel rods are not visible, they must undergo X-ray screening, per the draft.
Additionally, the draft stipulates that passengers must be accompanied by an airline representative, preferably of the same gender.
The draft guidelines were brought in soon after dancer Sudha Chandran described how she was asked to remove her prosthetic limb during every security check.
In December 2021, the Supreme Court directed the DCGA to not ask differently-abled passengers to remove prosthetic limbs for security checks. The Bench also said that lifting a passenger during air travel or security check without their consent is inhumane. The Court issued these directions while hearing the plea filed by activist Jeeja Ghosh concerning her deplaning in 2012.
At the airport
Per the rules, the airport must display signages, such as points of departure and arrival, in a ‘clear and unambiguous’ manner as per international standards. Flight information systems must be positioned in a way such that it is readable to people in a wheelchair and those with visual impairments. Audible announcements must be made for people without vision-related or learning disabilities. Moreover, airports must have a helpdesk providing all necessary information to assist differently-abled passengers.
Operators, both the airlines and the airports, must ensure that low-floor accessible buses are available at the airport to help easy boarding of passengers with disabilities.
In the cabin
For safety, the CAR stipulates that the maximum number of nonambulatory persons travelling in a single flight cannot exceed the number of cabin crew, unless they are accompanied by trained escorts.
Airlines should make sure to provide convenient and accessible seats for such passengers, free of charge, which should remain blocked till soon before departure. Passengers with disabilities should not be seated in spaces where they may impede the crew or obstruct access to emergency equipment or evacuation paths. Airlines should make reasonable efforts to give an escort assisting a passenger with a disability a seat next to such passenger.
Further, according to the rules, passengers with disabilities or those who need to be protected from disturbances should be allowed to stay on board during transit stops. In cases where passengers need to be disembarked during transit, passengers with a disability or reduced mobility and their escorts will be given the highest priority.
The CAR also states that airlines must develop procedures to allow guide dogs in the cabin. Such dogs must however be properly harnessed and remain on floor near the passenger’s feet. Passengers with guide dogs also need written proof that their dog is vaccinated, medicated, and has been trained by the relevant institution.
The Ashok Kumar committee report had suggested that passengers (not just those who are anxiety-prone, but also those with autism or a psychosocial disability) if requested, must be given seats close to the restrooms. This would allow for easy movement and spaces near the restroom to suffice as ‘breathing corners’.
Are medical certificates required?
According to the CAR, airlines may require a medical certificate from a passenger if the passenger suffers from a contagious or communicable disease, or if they may have or develop an adverse physical condition during flight.
A certificate may also be required if a passenger would need medical attention, special equipment or medical oxygen during flights, if their medical condition may worsen during the flight, or if they need a stretcher or incubator.
Passengers having any of these conditions should produce a medical certificate stating that the passenger can complete the flight journey safely without requiring extraordinary medical assistance during the flight, or that the disease or infection is not communicable to other passengers. It should also mention any precautions to prevent the transmission of disease to other persons.
Information about a medical certificate may also be transmitted to a different airline in case of a connecting flight.
Airlines may seek information using the IATA Medical Information Form (MEDIF), completed by a passenger, or Incapacitated Passengers Handling Advice (INCAD), completed by a doctor, at the time of booking. These forms are used to organize any required assistance or equipment and to decide if a passenger is fit to fly. An airline may also issue an IATA Medical Manual prescribed Frequent Travelers Medical Card (FREMEC) for future travel.
All information provided in this context must be kept strictly confidential.
Airlines cannot insist a medical certificate or special forms from passengers who travel without an escort and require special assistance at an airport for boarding, deboarding and seeking to be reasonably accommodated in a flight. For a connecting flight with a different airline, the medical and eligibility checks conducted with the first airline can be extended as proof to board the next aircraft.
