Explained | The protections for passengers with a disability on flights and the latest amendment

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