Discrimination on grounds of disabilities

Dear Colleagues,

If you are a person with reduced mobility or a person living with disabilities, you are entitled to certain rights that you should be aware of. Svayam occasionally come across incidents where people with reduced mobility, suffer at the hands of airliners and the aerodrome operators merely because of their ignorance about their rights and duties.

This post is an attempt to orient them and empower them with the information that they may need, to undertake a hassle free air-travel from and within India. The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act 1995 & The Constitution of India provides equal rights to those living with disabilities or with reduced mobility while travelling – be it travel by road, rail or air and prohibits discrimination on the grounds of disabilities.

The Civil Aviation Requirements on Carriage of Persons with Disabilities & persons with reduced mobility by Air (DGCA’ s CAR) on which Svayam along with several other stakeholders had worked so hard, is an important document for all flyers with disabilities. Therefore, you should always carry a copy, may be few extra sets to waive at those who try to discriminate with you out of ignorance or just negative attitude. The CAR guidelines apply to all Indian operators – for both domestic & international carriage, to all foreign carriers operating to and from India and all airport operators within India. You can download a copy of the CAR from the link below:

DGCA’s CAR on Carriage by Air of Persons with Disabilities and/or Persons with Reduced Mobility dated 28 February 2014

Your Rights while traveling by Air

(a) No airline can refuse to carry you and your assistive aids/devices, escorts, guide dogs in cabin etc if you inform them at the time of booking. Assistive aids/devices (up to 15 kg) are allowed free as additional baggage.

(b) Airlines & their travel agents can not discriminate against you in providing their services such as internet ticket, special/discounted fare, reservation on telephone or time limit for holding the booking etc.

(c) You can seek assistance to meet your particular needs to ensure seamless travel from terminal departure gate up to aircraft and from aircraft to arrival terminal gate without any additional expense.

(d) If your wheelchair conforms to DPTAC UK specifications (Disabled Persons Transport Advisory Committee), you can user your wheelchair in the entire journey and can’t be forced to use their wheelchair.

(e) Airline can not insist on medical certificate or any special forms/ indemnity bonds etc even if you wish to travel without escort and only need assistance for embarking/disembarking & reasonable accommodation in flight.

(f) You have equal choice of seat allocation subject to safety requirements.

(g) You can ask for onboard narrow aisle chairs for internal transfer or to use lavatory at no extra cost.

Your Duties while traveling by Air

(a) Inform/ Notify the Airlines at the time of booking or at least 48 hours before the scheduled departure about your specific needs.

(b) Always carry your disability certificate/ ID Card.

(d) Ask for your rights, until you ask, the airline staff may not know about your requirements.

(e) Be courteous as the staff may be serving many other passengers at the same time.

(f) Speak up, if any discrimination happens with you and report it to concerned authorities viz. Grievance Redressal authority within Airlines, DGCA, Chief Commissioner-Disability and if required share the experiences also to the media/ advocacy organization like Svayam.

Post your experiences to Svayam

We encourage you to kindly post a copy of your grievances also with Svayam as it helps us take it forward with the concerned authorities. More the complaints brought to the notice of authorities, more the impact we can make on them. This will not only help them understand that it affects many more people but also find appropriate solutions. You may write to us at Editor@svayam.com / svayam.india@gmail.com and post the information also on our facebook page at https://www.facebook.com/svayam.india

After you have posted to us, it may be seem that we are taking little longer, but trust us, we are working on the issue flagged by you. We will update the progress here on the blog for your information.

Inclusive and Barrier free infrastructure & services is important for equal participation of all and when you write to us, our endeavor is to make sure authorities sit up and take notice.

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Dear Friends,

The Indian Railways has been continuously disregarding the access rights of persons with disabilities and the elderly and has not set its house in order even after nearly two decades of the passage of the Disabilities Act.

Svayam has been advocating that the platforms need to be connected by both- the dynamic measures such as lifts and elevators but also non-dynamic features such as ramps. For Eg. the platforms are interconnected by big ramps at Agra railway stations. The stations in the capital — even the New Delhi Railway Station does not have that interconnectivity. One has to travel through the passage used by luggage vans which goes across the railway tracks.

Svayam also raised the issue of non-implementation of basic design. For instance, the tactile blocks that guide the visually impaired run into walls, railings etc. Also, the descent to the platform from the escalator is marked by a step without a warning tactile block. And there is no accessibility for the hearing and visually impaired persons.

During the Railway Budget of 2013, Svayam has shared the issues in detail with the Railway ministry. However, the ministry has been sitting quite in complete defiance of the law of the land. See a related news in TOI dated 27 Feb 2013 titled Rail Budget 2013: Disabled say there are many hurdles in the way.

Here is the media coverage in TOI today.

Delhi’s railway stations test elderly, disabled

Suhas Munshi,TNN | May 14, 2014, 01.32 AM IST

NEW DELHI: For the city’s elderly and the infirm, train journeys begin with pain and humiliation-at the railway station. In the absence of ramps or lifts, those incapable of walking have to be carried up foot overbridges on way to the platform in the arms of their kin or wheeled through routes meant for transportation of goods. Over the years, say the elderly, this debasing experience hasn’t changed.

At the New Delhi railway station, for instance, 60-year-old Tara Devi, who suffers from joint pains, waited on her walker for half-hour in the hot son as her son went hunting for a wheelchair. Sunheri Devi, 73, had a similar agonizing experience, being carried in his arms by her son to the platform.

“My mother lost a leg recently. Besides, she is too old to walk up the stairs. So, I carried her to the platform,” said son Om Prakash. Asked if he knew about wheelchairs or golf carts provided by the station for free, Prakash shook his head. The response was similar in most spot interviews TOI conducted of persons with some sort of disability.

Article in Newspaper image format as it appeared in the Times City

Clearly, while railway authorities say they have made arrangements for wheelchairs and golf carts at some stations, most passengers haven’t heard about it yet. Those who have, find it impractical and use it only as a last resort.

Of the major railway stations in Delhi, only Anand Vihar has been designed with a functional ramp to take the wheelchair-bound across the platforms. At Hazrat Nizamuddin, Old Delhi or New Delhi stations, the disabled have to be ferried to the end of a platform where goods are ferried on hand carts, and stand in queue with cart-loaders waiting for passing trains to give way in order to change platforms.

“The platforms are totally unapproachable by senior citizens and it’s about time someone decided to do something about it. It’s really a shame for the national capital to have an unapproachable platform for boarding important trains,” said senior citizen Sudipta Maitra, IBM’s former manager of business operations, who also has a disability.

Dr Satendra Singh, an assistant professor of physiology at GTB hospital, himself afflicted with polio, says the only way to help is to install lifts and reserve escalators for the disabled.

“Railways goes on installing escalators at stations but for someone like me who uses calipers, escalators don’t work because people like me tend to lose balance, as I have in the past. Lifts, reserved for the disabled, as done in the Delhi Metro, would make life so much simpler for us. That’s what I hope gets done some time in the forseeable future,” said Singh.

Old Delhi station happens to have a pair of lifts leading to waiting halls. But both have been in a state of disrepair for the past three years.

“We have been trying to ensure that the journey becomes safe and comfortable for everyone. We have one golf cart and 20 wheelchairs at Old Delhi railway station, one golf cart and five wheelchairs at Nizamuddin station, four golf carts and 20 wheelchairs at New Delhi and four wheelchairs at Anand Vihar. Besides, we have other facilities such as separate queues for elderly,” said a Northern railway spokesperson.

Clearly, the railways has to start making these facilities more accessible and user-friendly.

Source: Times of India

Category: Discrimination on grounds of disabilities

Know your Rights and Duties during Air Travel from and within India

Delhi’s Railway Stations continue to defy the Disability Act – remains inaccessible to disabled