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SC for trouble-free access to airports for persons with disability

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By Sumit Saxena

Published : Apr 8, 2024, 10:01 PM IST

The Supreme Court has underlined the need for an effective standard operating procedure to ensure trouble-free access of airports across the country to persons with disability.

SC for trouble-free access to airports for persons with disability
SC for trouble-free access to airports for persons with disability

New Delhi: The Supreme Court on Monday told the Centre’s counsel that judges are to protect people who need the protection of the court while stressing on having a standard operating procedure (SOP) for trouble-free access for persons with disability to airports across the country.

The apex court said everybody should be similarly treated provided there is a level playing field and when there is no level playing field, the law has to supplant that deficiency. A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra, was hearing a plea filed by a wheelchair-bound woman, who faced difficulties at Kolkata airport on January 30.

The CJI queried additional solicitor general (ASG) Vikramjit Banerjee, who was representing the Centre, “You are justifying this that you told her (a woman wheelchair-bound passenger) to stand up for screening (in a security area in the airport).... She said 'I cannot stand, I am a wheelchair bound passenger'”.

Banerjee urged to examine the CCTV sequence and stressed that the entire incident is on the CCTV, so that the court can see the sequence of what happened. The petitioner’s counsel mentioned the accessibility guidelines and added that there should be training, and there are some gaps due to which people like her client are being asked to stand up, and added the Centre's focus should be on SOP and not about a particular incident.

Banerjee said the government will put the SOP on record and they do not want any inconvenience to be caused to the wheelchair-bound passengers. CJI told the ASG that the petitioner is here not regarding her personal experience but she wants SOP for all people like her.

“Give us a good note on what the existing standards are, where are the deficiencies and what can be done to improve the SOP”, the bench told the petitioner’s counsel, who agreed with the court's suggestion. Banerjee said “the burden of proof should not shift whenever there is a woman (on the other side)…”.

The CJI told the ASG, “Obviously, what are we here for as judges? We are here to protect people who need the protection of the court. It is not a case where she is just a woman. It is also a differently abled woman on a wheelchair and there are also men in that (category)….”. Banerjee clarified that he is not on this issue.

“Your clients (should) see the need and reality of gender equality, this will be the approach of the court. This will end only when there is true gender equality, which is work in progress”, said the CJI. Banerjee said, in the end, everybody should be similarly placed.

The CJI agreed with ASG's contention and added, “everybody should be similarly treated provided there is a level playing field. Because there is no level playing field, the law has to supplant that deficiency…”. The apex court is likely to take up the matter next week.

In February, the apex court had said it will ask the Centre and others, including the Airports Authority of India, to come up with an SOP so people with disabilities can have trouble-free access to airports. Security at airports is provided mainly by two agencies — Central Industrial Security Force and the state police.

New Delhi: The Supreme Court on Monday told the Centre’s counsel that judges are to protect people who need the protection of the court while stressing on having a standard operating procedure (SOP) for trouble-free access for persons with disability to airports across the country.

The apex court said everybody should be similarly treated provided there is a level playing field and when there is no level playing field, the law has to supplant that deficiency. A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra, was hearing a plea filed by a wheelchair-bound woman, who faced difficulties at Kolkata airport on January 30.

The CJI queried additional solicitor general (ASG) Vikramjit Banerjee, who was representing the Centre, “You are justifying this that you told her (a woman wheelchair-bound passenger) to stand up for screening (in a security area in the airport).... She said 'I cannot stand, I am a wheelchair bound passenger'”.

Banerjee urged to examine the CCTV sequence and stressed that the entire incident is on the CCTV, so that the court can see the sequence of what happened. The petitioner’s counsel mentioned the accessibility guidelines and added that there should be training, and there are some gaps due to which people like her client are being asked to stand up, and added the Centre's focus should be on SOP and not about a particular incident.

Banerjee said the government will put the SOP on record and they do not want any inconvenience to be caused to the wheelchair-bound passengers. CJI told the ASG that the petitioner is here not regarding her personal experience but she wants SOP for all people like her.

“Give us a good note on what the existing standards are, where are the deficiencies and what can be done to improve the SOP”, the bench told the petitioner’s counsel, who agreed with the court's suggestion. Banerjee said “the burden of proof should not shift whenever there is a woman (on the other side)…”.

The CJI told the ASG, “Obviously, what are we here for as judges? We are here to protect people who need the protection of the court. It is not a case where she is just a woman. It is also a differently abled woman on a wheelchair and there are also men in that (category)….”. Banerjee clarified that he is not on this issue.

“Your clients (should) see the need and reality of gender equality, this will be the approach of the court. This will end only when there is true gender equality, which is work in progress”, said the CJI. Banerjee said, in the end, everybody should be similarly placed.

The CJI agreed with ASG's contention and added, “everybody should be similarly treated provided there is a level playing field. Because there is no level playing field, the law has to supplant that deficiency…”. The apex court is likely to take up the matter next week.

In February, the apex court had said it will ask the Centre and others, including the Airports Authority of India, to come up with an SOP so people with disabilities can have trouble-free access to airports. Security at airports is provided mainly by two agencies — Central Industrial Security Force and the state police.

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