Supreme Court Mandates Enforcement of additional guidelines along with the UOI's Airport Guidelines for Dignified Assistance to Persons with Disabilities

Court: Supreme Court of India

Bench: Justice J.B. Pardiwala  and Justice Pankaj Mithal

Case No. W.P.(C) No. 121/2024

Case title: Arushi Singh vs. Union of India  

Date of Judgement: 12 November 2024

Brief Summary

On November 12, 2024 the Supreme Court disposed off a writ petition filed by Arushi Singh, a person with a benchmark disability, addressing an incident of alleged humiliation at Kolkata Airport. Singh reported being asked by security personnel to stand up from her wheelchair during security screening, a situation that left her feeling disrespected and violated. The Court affirmed that the guidelines proposed by the Union Government for treating persons with disabilities with dignity at airports would now be mandatory, also extending to elderly and injured passengers requiring wheelchair assistance.

Incident Leading to the Petition  

Arushi Singh, a graduate of the National Law Institute University, Bhopal, and LL.M. holder from the National University of Singapore, recounted her experience on January 31, 2024. She alleged that she waited for approximately 20 minutes without assistance outside the airport and was subsequently asked to stand during security screening three times, despite her repeated explanations of her disability. The insensitivity allegedly displayed by Central Industrial Security Force (CISF) personnel prompted Singh to file the petition, seeking effective enforcement of relevant regulations, including the Rights of Persons with Disability Act, 2016, and the Accessibility Standards and Guidelines for Civil Aviation 2022.  

Supreme Court Observations and UOI's Suggestions  

A bench comprising former Chief Justice of India D.Y. Chandrachud and Justice J.B. Pardiwala had noted during earlier hearings that the issues raised required action by the Union of India. During the proceedings, a joint statement was presented, outlining several suggestions for ensuring dignified treatment of specially-abled individuals at airports:  

1. Mobile Application for Wheelchair Availability: Real-time updates on wheelchair availability at designated airport points for easy access by users.  

2. Mechanized Wheelchairs: Availability of mechanized wheelchairs for passengers traveling solo or in cases of delayed assistance.  

3. Boarding Pass Coding:  Incorporation of an alphabet code indicating the type of disability and a color scale denoting the severity of the condition.  

4. Integration of Unique Disability Identity Database:  Streamlining the ticket booking process by linking the database, enabling instant access to verified disability information for better assistance.  

5. Specialized Kiosks for Boarding Passes: Contactless kiosks equipped with voice recognition and response technology to aid persons with disabilities.  

6. Regular Sensitization Training for Airport Staff: Comprehensive and periodic training for airport staff, emphasizing understanding various disabilities and compassionate assistance.  

Court’s Directives  

The Court agreed with the petitioner’s counsel, Abiha Zaidi, that these suggestions should be treated as mandatory guidelines. The bench further emphasized that these measures should not be limited to wheelchair users but also include elderly and injured passengers requiring assistance. Importantly, it clarified that physical assistance already being provided at airports would not be withdrawn under these guidelines.  

Concluding the matter, the bench remarked:  

"We dispose of the Writ Petition in the aforesaid terms laying more stress on sensitizing the staff at the airport to be more compassionate towards the specially abled passengers." 

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Ktk HC- Candidates with “absolute blindness” deserve preferential consideration over those with “low vision” for employment

Court: Karnataka High Court

Bench: Mr. Justice Krishna Dixit and Mr. Justice CM Joshi 

Caste Title:  State of Karnataka & Ors Vs. Ms. Latha H N. 

Case No.: Writ Petition No. 19994 of 2024 (S-KSAT)

Date of Judgement: 11 Nov 2024

Synopsis:

Karnataka High Court has once again reinforced the principle of equity in disability rights, particularly in the realm of employment. Addressing a petition concerning the rights of blind candidates, the division bench comprising Justice Krishna S. Dixit and Justice C.M. Joshi ruled that candidates with “absolute blindness” deserve preferential consideration over those with “low vision” for employment, provided their disability does not impede their ability to perform the duties required by the job.

This decision arose in the case of H.N. Latha, a blind Scheduled Caste candidate from Periyapatna taluk in Mysuru district, who had applied for the post of Kannada and social studies teacher in government primary schools. Despite being listed in the selection list published on March 8, 2023, her candidature was rejected on July 4, 2023. Latha challenged this rejection before the Karnataka State Administrative Tribunal (KSAT), which not only directed the appointment authority to reconsider her case but also awarded her ₹10,000 in costs.

The education department, dissatisfied with the tribunal’s decision, argued that reservations for candidates with “low vision” and those with “blindness” form separate categories. They contended that the tribunal had failed to recognize this distinction. However, the High Court dismissed their appeal, upholding the tribunal’s directive to reconsider Latha’s case within three months.

Recognizing the Strengths of Blind Candidates

The court’s judgment went beyond merely resolving a legal dispute. It underscored the inherent strengths and unique abilities of blind individuals, challenging the stereotype that blindness is an insurmountable barrier to professional competence. The division bench highlighted several positive qualities often found in blind individuals, including:

• Exceptional adaptability and resilience.
• Strong coping mechanisms to navigate daily challenges.
• Outstanding listening skills and memory recall.
• Unwavering commitment and focus on achieving goals.
• Heightened senses such as hearing, touch, and smell.

In a remarkable observation, the court drew inspiration from history, citing examples of blind individuals who have achieved extraordinary success. From Homer, the legendary poet of The Iliad and The Odyssey, to John Milton, author of Paradise Lost, to modern-day figures like Srikanth Bolla, the CEO of Bollant Industries, the judgment reminded us of the limitless potential of individuals with blindness when given the right opportunities.

A Call for Inclusive Policies

The court criticized the education department for its failure to adopt inclusive policies. It noted that either specific posts should have been earmarked for blind candidates or that they should have been allowed to compete alongside candidates with low vision for the advertised positions. By upholding the tribunal’s order, the High Court not only reinstated Latha’s right to be reconsidered for the teaching post but also sent a strong message about the importance of equal opportunities for individuals with disabilities.

This judgment is significant not just for Latha but for the broader movement for disability rights in India. It serves as a reminder that true inclusion requires going beyond formal compliance with laws to actively recognizing and leveraging the unique strengths of persons with disabilities.

The Way Forward

The ruling has opened up new avenues for advocacy. It highlights the urgent need for policymakers and employers to adopt inclusive hiring practices that ensure fairness while tapping into the diverse abilities of all individuals, including those with disabilities. It is a wake-up call to challenge societal and institutional biases and move toward a more equitable and inclusive workforce.

As India strives to fulfill its commitments under the Rights of Persons with Disabilities Act, 2016, and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), judgments like these lay the foundation for a society that values and empowers its most marginalized members.

H.N. Latha’s fight for her rightful place in the workforce is a story of resilience and justice, one that inspires hope for a future where disability is not seen as a limitation but as a source of strength and diversity.

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