To:

DT section,
Ministry of Civil Aviation,
Rajiv Gandhi Bhawan,
New Delhi, India
Cc to:
Asok Kumar,
JS (A), Ministry of Civil Aviation,
New Delhi.
February 27, 2012
Dear Sir,
Re: The Proposed Civil Aviation Policy 2012 Memorandum On The Requirements
of Persons With Disabilities
At the outset we thank you for extending the deadline for submission of these inputs to
February 27, 2012. We, the disabled peoples organizations and organizations
representing and/or working with persons with disabilities named at the end of this
Memorandum, would like to bring to your attention our comments and input with respect
to the formulation of a new Civil Aviation Policy for the country, from the perspective of
persons with disabilities who account for nearly ten percent of the Indian population.
We believe that the time is right for formulating a new Civil Aviation Policy which
includes specific emphasis on passengers with disabilities. Recent incidents such as the
one relating to Jeeja Ghosh where she was forced to deplane from a Spice Jet aircraft and
Anjlee Agarwal who was asked by the Jet Connect flight supervisor to be bodily lifted by
four male loaders, highlight that even though air travel has become ubiquitous, persons
with disabilities continue to face most of the barriers that we faced 10 years ago. While
some positive steps such as the introduction of Civil Aviation Requirements on Carriage
by Air of Persons with Disability and/or Persons with Reduced Mobility i (CAR PWD)
were taken, the experience on the ground remains at an unacceptably low level. We
believe that a strong disabilities section in the Civil Aviation Policy will be the starting
point to remedying the issues faced by persons with disabilities. After Indias ratification
of the United Nations Convention on the Rights of Persons with Disabilities in 2007,
India is now obliged to take the necessary steps to ensure that air travel is accessible by
persons with disabilities on an equal basis with others. We give below our comments and
input to assist in formulation of an inclusive disability policy on air travel by persons
with disabilities to be included in the Civil Aviation Policy (Disability Policy).

1.

Beneficiaries of the Disability Policy

The Disability Policy must cover all persons with disabilities. Point 3.1 of the
CAR PWD defines a disabled person as any person whose mobility when using
transport is reduced due to physical disability, intellectual disability or
impairment, or any other cause of disability, or age. It must be recognized that not
all persons with disabilities who require assistance in relation to air travel are
persons with mobility impairment. Some such examples are people who are
hearing impaired, people who have low vision, people with autism, etc., who have
no mobility impairment but still require assistance. The Disability Policy must
therefore cover all persons with disabilities and not only those who have mobility
impairments. The Disability Policy must also recognize that persons with different
types of disabilities often require different types of assistance.

2.

Underlying Principles of the Disability Policy

The Disability Policy must be based on the following principles:
Equality and non-discrimination, not only between persons without
disabilities and persons with disabilities, but also between persons with
different disabilities;
Accessibility, not only at the airport and allied facilities, but also with respect
to services including but not limited to the ticket reservation system, whether
online, at kiosks or offline; and
Individual autonomy and independence of persons with disabilities, including
the freedom to make their own choices.

3.

Steps required to be taken to accommodate passengers with disabilities

The Disability Policy must recognize that the steps required to be taken to
accommodate passengers with disabilities must be on par with internationally
recognized best practices in this area. The CAR PWD, which is loosely modeled
on the European Unions 2006 regulations concerning the rights of disabled
persons and persons with reduced mobility when travelling by air, is intended to
serve this purpose. However, our analysis of the CAR PWD finds that the CAR
PWD is wholly inadequate in many respects and must be entirely revised. The
Disability Policy must recognize this. We must point our here that the European
Union regulations mentioned above were drafted in 2006 before the United
Nations Convention on the Rights of Persons with Disabilities was drawn up and
it is our firm belief that those regulations are outdated. While the CAR PWD may
have some utility as a vision document we observe that it is not detailed
enough, which therefore leads to ambiguity in interpretation particularly by
ground staff, pilots and others. Some of the specific issues highlighted by persons
with disabilities are provided in Annexure 1. There are many other issues that the
CAR PWD does not envisage while there are several other issues covered in the
CAR PWD which are substantially ambiguous thereby leaving room for
misinterpretation to the detriment of disabled passengers. We recommend that the

CAR PWD is revised, in consultation with all stakeholders including persons with
disabilities. Some subsequent regulations such as the US Department of
Transportations Title 14 CFR Part 382 Nondiscrimination On the Basis of
Disability in Air Travelii must be studied and suitable clauses from there must be
modified for the Indian scenario. We would like to highlight here that the CAR
extends to state owned airlines and private airlines and the revised CAR should
also have the same coverage.
4.

Emphasis on Training and Sensitization

The Disability Policy must stress on the importance of proper training and
sensitization of all relevant personnel, including pilots, ground staff and airport
employees including check-in and security staff with respect to the nature of
various disabilities and the accessibility issues face by persons with different
types of disabilities. This is critical to ensure barrier free, safe and dignified air
travel for persons with disabilities. While the CAR PWD does provide for some
form of sensitization programs to be run by airlines, the CAR is silent about the
exact nature of sensitization programs to be run by airlines thereby leaving the
scope of the training to the discretion of individual airlines. As is evident from
Jeejas experience the training given, if any, is sorely inadequate. It is critical that
standardized training programs must be prescribed by the DGCA for all airlines.
These training programs must be prepared by the DGCA in consultation with a
body recognized by the Government such as the Rehabilitation Council of India.

5.

Putting in place an effective grievance redressal and enforcement mechanism

Another important aspect to be prescribed by the Disability Policy is an effective
grievance redressal and enforcement mechanism under which a swift and speedy
remedy is available to persons with disabilities in the event their rights are
violated. Moreover, sufficient penalties must be prescribed on airlines and airports
for each instance of violation and passengers must be adequately compensated.
While vide Notification G.S.R.686(E) dated 17th September 2009, Ministry of
Civil Aviation, non-compliance with directions issued under Rule 133A of the
Aircraft Rules, 1937 is a Category III offence punishable with imprisonment for a
term not exceeding six months or fine not exceeding Rs.2 lakhs or with both, this
provision is not being enforced effectively as a result of which airlines are not
deterred from preventing violations of the CAR. The complaints mechanism must
be easily accessible for persons with disabilities and all airports must have an
assistance booth which provides live assistance, sign language interpreters etc. to
help passengers file complaints. This will ensure that airlines and airports comply
with applicable guidelines. The CAR is wholly inadequate in this respect also.

6.

Importance of timelines for implementation

It is important that the Disability Policy prescribes concrete timelines for
achievement of the objectives of the Policy. We proposed that by the end of 2012:

The CAR is revised in consultation with persons with disabilities;

all necessary steps are taken to ensure that air travel is completely barrier free;
a simple, effective and quick complaints mechanism should be in place; and
the system of imposing penalties on erring parties and payment of
compensation to passengers should be in place.

Conclusion
We believe that the lack of strong policy guidelines in the Civil Aviation Policy is the
single biggest cause for the shoddy treatment of disabled passengers and the lack of
effective accommodation in relation to air travel. Any guidelines such as the CAR must
flow from the disability policy and if the disability policy is comprehensive, it is only
natural that the downstream guidelines will be effective. We urge you consider the
concerns of persons with disabilities when formulating the new Civil Aviation Policy. We
place on record our willingness to assist in formulation of a disability policy as part of the
new Civil Aviation Policy.
Thanking you,
Prepared by
(1)

Rahul Cherian, Inclusive Planet Center for Disability Law and Policy
Email: rahul.cherian@inclusiveplanet.com
Mobile: +91 98403 57991

(2)

Dipendra Manocha, Saksham Trust

Email: dipendra.manocha@gmail.com
Mobile: + 91 98180 94781

(3)

Srinivasu Chakravarthula, National Association for the Blind, Karnataka

Email: srinivasu@nabkarnataka.org
Mobile: +91 9900810881

(4)

Anjlee Agarwal, Samarthyam, National Centre for Accessible Environments

Email: samarthyaindia@yahoo.com
Mobile: +91 9810558321

(5)

Sai Padma, Global Ability in Disability

Email: saipadma@gmail.com
Mobile +91 9052627070

For:
List of Organizations
1.

Rehabilitation Council of India

Gen. Ian Cardozo, Chairman
Email: ian_cardozo@yahoo.com

2.

Action for Autism

Merry Barua
Email: actionforautism@gmail.com

3.

Indian Institute of Cerebral Palsy

Jeeja Ghosh, Sudha Kaul
Email: jeeja.ankur@gmail.com

4.

Human Rights Law Network

Rajive Raturi, Director,
Email: rajive.raturi@hrln.org

5.

National Association for the Blind (India)

K. Ram Krishna
Email: contact.ramkrishna@gmail.com

6.

National Association of the Deaf

A.S. Narayanan, Secretary
Email: as_narayanan@hotmail.com

7.

Enable India
Shanti Raghavan
Email: shanty@enable-india.org

8.

Retina India
Arvind Bartiya
Email: arvind.bartiya@gmail.com

9.

Xavier's Resource Center for the Visually Challenged

Dr. Sam Taraporevala
Email: sam@xrcvc.org

10.

Sightsavers
Ketan Kothari
Email: kkothari@sightsavers.org

11.

Centre for Internet and Society

Sunil Abraham,

Email: sunil@cis-india.org
12.

National Institute for Speech and Hearing

Samuel N Mathew, Executive Director,
Email: snm@nish.ac.in

13.

Bapu Trust for Research on Mind & Discourse

Bhargavi Davar,
Email: bvdavar@gmail.com

14.

AccessAbility
Shivani Gupta
Email: shewany@gmail.com

15.

Ability Foundation
Jayshree Raveendran
Email: j.raveendran@abilityfoundation.org

16.

Samarthanam Trust for the Disabled

Justin Philip
Email: mahantesh@samarthanam.org

17.

Swadhikaar Center for Disabilities Information, Research and Resource

Development
Pavan Muntha
Email: pavanmuntha@gmail.com

18.

The Red Door under Mind Arcs

Reshma Val
Email: sat.yugasandhi@gmail.com

19.

Global Ability in Disability

Sai Padma,
Email: saipadma@gmail.com

20.

Samarthyam, National Centre for Accessible Environments

Anjlee Agarwal,
Email: samarthyaindia@yahoo.com

21.

National Association for the Blind, Karnataka

Srinivasu Chakravarthula,
Email: srinivasu@nabkarnataka.org

22.

Saksham Trust
Dipendra Manocha,

Email: dipendra.manocha@gmail.com
23.

Inclusive Planet Center for Disability Law and Policy

Rahul Cherian,
Email: rahul.cherian@inclusiveplanet.com

List of Individuals
1.

Nilesh Singit, Disability Rights Activist

Email: nileshsingit@gmail.com

2.

Mohammed
Asif
Iqbal,
Principal
PricewaterhouseCoopers
Email: mohammed.asif.iqbal@in.pwc.com

3.

Dr. L. Govinda Rao

Former Director, NIMH & NIEPMD, GOI,
Member, Committee for Law on Rights of Persons with Disabilities, GOI.
Email: drgovindarao@gmail.com,

Consultant Consulting,

Annexure 1
Specific Issues and Suggestions to Improve the CAR PWD
Below are suggestions for some specific provisions that should be made a part of the
CAR PWD. This is not a comprehensive list but is based solely on the personal
experience of some of the contributors to this note and is intended as an illustrative list of
issues for inclusion in the CAR PWD.
1. The CAR PWD must focus on, and provide for assistance to all persons with
disabilities and not only persons with mobility issues. In addition to persons with
mobility issues, the CAR PWD must provide for assistance to hearing impaired
passengers; passengers with low vision, blind passengers, passengers with
developmental disabilities such as autism, intellectual disabilities/mental
retardation etc. as well. The CAR PWD should therefore address not just
mobility issues but also recognise and provide for specific accommodation
appropriate for different kinds of disability.
2. The CAR PWD and the Aircraft Rules, 1937 should be so amended to as to
remove discrimination particularly against those suffering from mental disorders
and epilepsy.
3. The CAR PWD must provide for the provision of curb side assistance for people
who cannot walk all the way to the entrance of the terminal.
4. The CAR PWD must provide for non-negotiable accessibility standards in the
airport infrastructure, facilities and services.
5. The CAR PWD must mandate that the websites of all airlines and all ticketing
websites must comply with the Web Content Accessibility Guidelines 2.0 and the
web accessibility guidelines of the NIC in the case of state controlled airlines, as a
result of which persons with disabilities using screen readers and other assistive
technologies are able to purchase tickets online.
6. The CAR PWD must mandate the steps to be taken by airlines to make in-flight
entertainment accessible to persons with visual impairment and persons with
hearing impairment.
7. A clear escort policy should be laid down.
8. All airports must have a procedure laid out on the use of ambulifts and staff
deputed to assist PWDs should be trained to handle ambulifts.
9. Minimum standards should be prescribed for equipment made available at airports
for PWDs as wheelchairs, aisle chairs etc. that are made available are of very poor
quality and inappropriate in many cases. For instance, while accessible toilets are
made available, the wheelchairs PWDs are made to use at airports cannot access
these toilets, thereby making the efforts at accessibility an eye wash,
10. The CAR PWD should include provisions to allow PWDs to carry their own
assistive devices on board within the cabin. These devices are highly customized.
For instance, it could be electric wheelchairs for persons with mobility issues,
augmentative communication devices for persons with communication disorders
etc.

11. The CAR PWD should recognize the rights of PWDs to receive the same relief
and insurance coverage as other persons who are flying. Currently, to allow
PWDs to fly, airlines randomly force PWDs to sign indemnity bonds waiving
their all rights including right to insurance. This practice should be prohibited and
clear norms should be laid down for circumstances in which airlines can demand
such bonds from PWDs.
12. The CAR PWD should lay down protocols to be followed by security personal
vis--vis PWDs and these protocols should respect the right of PWDs to be
treated with dignity. The security personnel should be sensitized as to the differing
needs of PWDs should be emphasized. For instance, some PWDs have braces
which are sometimes worn under their clothes. In airports that do not have facility
for a full body scanner, PWDs are made to undress as part of the security check.
Protocols should be prescribed for ensuring security without humiliating PWDs.
13. Facilities for air travel for booking tickets, at the airports and in-flight - should
be made available accessible to PWDs. For example, the online booking systems
should be accessible to the visually disabled. Airport facilities should be made
accessible. Boarding announcements must not be made only through audio
announcements but should be displayed at the counter and on displays for the
benefit of people with hearing loss. Functional aisle chairs and wheel chairs (in
proper condition) should be made available. Seat numbers must be large in size
for the benefit of people with low vision and elderly. On-board safety instructions
cards should be made available in alternate formats including large print and
Braille. In-flight entertainment systems must be accessible to PWDs.
14. Airlines/airports should be required to ensure that some of its staff members are
familiar with sign language and communicating with people who have any kind of
communication difficulties and atleast one such staff member should be available
at hand in every shift. Alternatively, provision could be made for using video
interpretation facility so that an interpreter from another location can be called
remotely in as and when required.
15. Persons with psychosocial and intellectual disabilities suffer sensory attacks,
bewilderment, confusion and loss of reality (of space and time) as a result of use
of textured surfaces and glass / reflective surfaces in airports; the long tunneling
passageways without any kind of signage or direction etc. Therefore, signage in
passageways, use of dull non-reflective surfaces and personal assistance at
airports should be mandated under CAR PWD.
16. The CAR PWD should have an effective grievance redressal and enforcement
mechanism that is readily accessible to PWDs. Airlines and airports should make
information readily available on whom and how to report a complaint of violation
of CAR PWD. The duty officer at each airport could be made responsible to
enforce the CAR PWD and the airlines could be required to have a facilitation
desk at each airport where the telephone number of the DGCA duty officers are
prominently displayed. A help line that a PWD can call immediately and seek
redressal should be established. A legal officer who knows the regulations should
be appointed in every airport or should be available through the help line. A
mechanism for web based complaints and online redressal should be established.
The redressal system should be connected to civil aviation ministry and ministry

of law. The Ministry should track and report on complaints against airlines for
violation of the CAR PWD and corrective action taken etc. Airlines must be
penalized for violations, they should be required to compensate PWDs who suffer
discrimination in violation of CAR PWD and they should be required to issue
written apologies to the concerned persons. The CAR PWD should place special
emphasis on training and sensitization of staff. Airlines should be required to
undertake periodical training of staff handling issues of persons with disabilities.
Instead of leaving assistance to PWDs to be left to persons handling luggage, staff
who are deputed to assist PWDs should be staff who are specifically trained for
this. Airlines must be mandated to provide the details of the training they have
provided on a yearly basis to the DGCA. The DGCA must conduct routine checks
to ensure that proper training is imparted. Where lifting of wheelchair becomes as
a last resort, only trained staff should be allowed to handle the passenger and
airlines should be required to engage and make such staff available. With the
increase in number of flights, staff being in hurry leaves person in wheelchair
stranded and unattended. Staff are forcing persons with disabilities to use airport
wheelchairs, which are rarely in good condition. Most of the staff do not know
where the accessible bathroom is, where to report for the grievances etc. All of
these and other aspects should be addressed as part of the training process.
17. Access audit and reviews and attitude audits of airlines and airports should be
periodically undertaken by experts in the disability sector and the reports should
be made available to the public.

CAR Section 3 Series M Part I Issue 2, Dated May 1st, 2008

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