LexJEEJA GHOSH & ANR. versus UNION OF INDIA & ORS.
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A B c D E ,> F G H [2016] 4 S.C.R. 638 JEEJA GHOSH & ANR. v. UNION OF INDIA & ORS. (Writ Petition (C) No. 98 of2012) MAY 12,2016 [A.K. SIKRI AND R.K. AGRAWAL, JJ.] Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Public Interest Litigation - By a differently abled person - Alleging that she was de-boarded from aircraft (of private airlines) due to her disability - Plea that the act resulted in agony, humiliation and emotional trauma - And it amounted to violence to her human dignity and infringed her fundamental rights guaranteed u/Art. 14 and 21 of the Constitution - Held: The problems of the differently a bled are to be viewed from human rights perspective - Persons with disabilities do not need sympathy but are entitled to enjoy the full range of internationally guaranteed rights and freedom without discrimination on the ground of disability - It is obligatory on the part of the State to ensure that persons with disabilities get enabled to exercise those rights - There should be a full recognition of the fact that persons with disability are integral part of the community, equal in dignity and entitled to enjoy the same human rights and freedoms as others - The Act encapsulates the Governments obligation to ensure that those with disabilities can achieve their full potential free from any discrimination and harassment - The Act specifically deals with transportation system, including airports and aircrafts - Various international legal instruments also guarantee the rights of the disabled - The obligation to fulfill the right of the disabled not limited to the Government, but even the private entities m:e fastened with such obligation - The rights guaranteed under the Act and the instructions under Civil Aviation Requirements are founded on the sound principles of human dignity which is the core value of human rights enshrined u/Art. 21 - In the present case, the decision to de- board_the petitioner amounts to violation of r.133-A of Aircraft Rules, 1937 and Civil Aviation Requirements, 2008 guidelines and is also in violation of her human dignity and thus her fundamental rights, though by a private enterprise - The erring airlines is directed to 638 JEEJA GHOSH & ANR. v. UNION OF INDIA & ORS. award Rs. I 0 lakhs to the petitioner as damages - Constitution of India - Arts. 14 and 21 - Human Rights - Aircraft Rules, 1937 - United Nations Convention on the Rights of Persons with Disabilities -Arts. 5 and 9 - Vienna Convention on the Law of Treaties, 1963 - Art. 27 - Biwako Millenium Framework for Action Towards an Inclusive, Barrier-Free and Rights-Based Society for Persons With Disabilities in Asia and the Pacific - Beijing Conclave by the Governments of Asian and Pacific Countries. Human Rights - Human dignity - Constitution of India guarantees human rights through its Fundamental Rights - One such right is enshrined u/Art. 21 i.e. right to life and liberty which includes right to live with dignity - Thus human dignity is a constitutional value and a constitutional goal - Even right to equality is based on the value of human dignity - Jn international human rights law. equality is founded upon two complementary principles: non-discrimination and reasonable differentiation - Constitution of India - Arts. 14 and 21. Allowing the petition, the Court HELD: 1.1 The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 encapsulates the Government's obligations to ensure that those with disabilities can achieve their full potential free from such discrimination and harassment. The Act specifically deals with transportation systems, including airports and aircrafts. [Para 10] [649-A-B] 1.2 Further, various international legal instruments also guarantee these rights for the disabled, including the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which India ratified in 2007. The UNCRPD specifically targets transportation systems. And the UNCRPD makes clear that private carriers are covered as well in Article 9(2). The Vienna Convention on the Law of Treaties, 1963 requires India's internal legislation to comply with international commitments. Further, the Biwako Millenium Framework for Action Towards an Inclusive, Barrier-Free and Rights-Based Society for. Persons With Disabilities in Asia and the Pacific, publ
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