JAVED ABIDI versus UNION OF INDIA AND ORS.

Citation: [1998] SUPP. 3 S.C.R. 610 · Decided: 17-12-1998 · Supreme Court of India · Bench: K. VENKATASWAMI · Disposal: Case Allowed

Judgment (excerpt)

A 
JAVED ABIDI 
v. 
UNION OF INDIA AND ORS. 
DECEMBER 17, 1998 
B 
[K. VENKATASWAMI AND G.B. PATTANAIK, JJ.] 
Persons with Disabilities (Equal Opportunities, Protection of Rights 
and Full Participation) Act 1995-lmplementation of-Section 2(i)-
Constitution of India-Article 14-Held, persons suffering from locomotor 
C disability to the extent of 80 per cent and above entitled to concession from 
Indian Airlines at the rate given to persons suffering from blindness on 
furnishing certificate from the Chief District Medical Officer-Persons with 
locomotor disability would be a separate class by themselves because of their 
immobility and the restriction of the limbs-Held, further, Central and State · 
D Coordination Committees to en(ieavour to achieve objectives of the Act-
Also Indian Airlines assuring that aisle chairs in aircrafts and ambulifts at 
major airports are to be provided, no further directions on that aspect 
needed-Proclamation on the Full Participation and Equality of People 
with Disabilities in the Region adopted at the Beijing meeting of the Economic 
and Social Commission for Asian and Pacific Region held between 1 and 5 
E December 1992. 
The petitioner approached the Supreme Court in a writ petition seeking 
directions for the implementation of the Persons with Disabilities (Equal 
Opportunities, Protection of Rights and Full Participation) Act 1995. He 
sought the provision of aisle chairs in every aircraft and ambulifts in all 
F airports; 50 per cent concession to disabled persons as defined in Section 
2(i) of the Act as was provided to visually impaired persons; appointment to 
the Central Coordination Committee only of disabled persons as defined in 
the Act; the appointment of Chief Commissioner and Commissioners under 
the Act; the constitution of the Central and State Executive Committees and 
G of the Central and State Coordination Committees for implementing the Act. 
The Union of India and most States reported to the Court that they had 
constituted three Central and State Coordination Committees. Indian Airlines 
indicated that aisle chairs and ambulifts were being provided. It was, however, 
contended that concession to persons with blindness preceded the Act, and 
H that given the economic condition of Indian Airlines, it was not feasible to 
610 
,.,.·. 
JAVED ABIDI v. U.0.1. 
611 
grant any further concessions, and that the Act is to be implemented to the A 
· extent of economic capacity. 
Allowing the petition, this Court 
HELD: 1. While economic capacity is a germane consideration, the 
true spirit and object with which the Protection Act was enacted cannot be B 
ignored. In the different types of disabilities mentioned in Section 2(i) of the 
Act, those suffering from locomotor disability would stand in a separate 
class by themselves because of their immobility and the restriction of their 
limbs. Bearing in mind the discomfort and harassment a person with locomotor 
disability would face while travelling by train, those suffering from locomotor 
disability to the extent of 80 per cent and above would be entitled to the C 
concession from Indian Airlines for travelling by air within the country at 
the same rate as has been given to those suffering from blindness on their 
furnishing the necessary certificate from the Chief District Medical Officer 
certifying the extent of the disability. Such District Medical Officer wherein 
the disabled ordinarily resides will constitute a Board with a Specialist in D 
Orthopaedics and one other Specialist who he thinks suitable for the purpose 
and would grltnnecessaey certificate for that purpose. (615-E-F; 616-A-E) 
/ 
./ 
2. The Committees constituted by the Central Government and the 
State Governments must make earnest endeavour to achieve the objectives 
of the Act. The Proclamation on the Full Participation and Equality of People E 
with Disabilities in the Region adopted at the Beijing meeting of the Economic 
and Social C_ommission for Asian and Pacific Region held between 1 and S 
December 1992 too must be borne in mind. [6B-D-FJ 
3. Indian Airlines having indicated that aisle chairs in aircrafts and 
ambulifts at major airports are to be provided, no further direction is necessary F 
on this aspect. (614-F-G) 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 326 of 
1997. 
(Under Article 32 of the Constitution of India.) 
G 
Soli J. Sorabjee, Attorney General, K.N. Rawal, Additional Solicitor 
General, Dr. A.M. Singhvi, P.N.

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