NCLAT: Unenforced Equitable Mortgage is Corporate Debtor’s Asset, Not to Be Treated as Margin Money  ||  NCLT Approves Hindustan Unilever’s Ice Cream Business Demerger into Kwality Wall’s  ||  Supreme Court: Bar Councils Cannot Charge Over Rs 750 for Enrollment or Withhold Applicants’ Docs  ||  SC Cancels POCSO Conviction, Observing Crime Resulted from Love, Not Lust, After Marriage  ||  Supreme Court: Advocates Can be Summoned Only under S.132 BSA Exceptions with Prior Officer Approval  ||  Allahabad HC: Juvenile Conviction Cannot be Treated as Disqualification for Government Jobs  ||  Delhi HC: DV Act Rights of Daughter-in-Law Cannot Deny In-Laws’ Right to Reside in Home  ||  Delhi HC: Waitlist Panel Cannot Be Segregated, Vacancies Must Be Filled From Valid Waitlist  ||  Delhi HC: Matrimonial FIR Cannot Be Quashed If Couple’s Settlement Agreement is Not Executed  ||  Delhi HC Bars All India Carrom Federation from Using “India” or “Indian” in its Name    

Jeeja Ghosh & Anr. v. Union of India & Ors. - (Supreme Court) (12 May 2016)

Court remonstrates apathy against disabled persons

Human Rights

The Supreme Court emphatically denounced the actions of a Spicejet airline crew of deboarding a woman, Jeeja Ghosh, suffering from cerebral palsy “in the larger interest and safety of other co-passengers”.

It cited the constitutional value of human dignity, and quoted extensively the struggles of persons suffering from mental and physical disabilities. In the instant case, Ms. Ghosh had boarded the aircraft unaided and did not rely on an assisting device. Rather, the airline had claimed that blood and froth oozed from her mouth. Evidence regarding the same was not produced before court and Ms. Ghosh submitted that her condition resulted from the abrasive conduct of airline personnel.

Noting that Ms. Ghosh was not suffering from any medical condition precluding her from flying - especially since Spicejet offered to ferry her the next day - the court ruled that the airline was in contravention of Civil Aviation Requirements of 2008. The Rules prohibit an airline from refusing to carry a person with disability of reduced mobility. Ms. Ghosh was awarded Rs. 10,00,000 in damages.

Tags : CEREBRAL PALSY   AIRLINE   DE-BOARD   HUMILIATION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved