India | Updated Jun 22, 2007 at 12:24am IST

Action against Air Sahara?

It's probably one thing that most people don't really feel like talking about or even thinking about: Our attitude towards the disabled. The case of Rajiv Rajan is a glaring testimony to this problem.

Rajiv, a man suffering from cerebral palsy - which essentially means a brilliant mind caged inside a disobedient body - was denied permission to fly Air Sahara, which is now called JetLite after Jet Airways took over the airline, on Monday. The passenger was also made to wait at the airport for three long hours in spite of his special condition.

Does this mean the airlines violated the dignity of Rajan? Should action be taken against the airline for preventing the disabled from flying? These were questions discussed by a panel comprising an aviation expert and disability activists on CNN-IBN in the prime-time show, India 360. The show was moderated by Bhupendra Chaubey.

The Director General of Civil Aviation has already served a notice on the airline, asking for an explanation on the treatment meted out to Rajiv Rajan. On its part, the airline pulled out the rulebook to defend itself, saying Rajiv was not allowed to board the aircraft in compliance with the rules of International Air Transport Association.

"If they are not accompanied by somebody, or they don't have a certificate to certify themselves medically fit to fly, then under IATA regulations, it would be inappropriate to board them," Garry Kingshott, Ceo of JetLite, says.

But Rajiv claims he doesn't need a fit to fly certificate. "Fit to fly certificate is meant for medically ill people, not for disabled people. I thought they were going to push me off my wheelchair. So, I left and called the police," he says.

Rajiv says this was not his first brush with such discrimination. In fact, he had suffered at the hands of Jet earlier as well. The treatment meted out to Rajiv has now thrown open a debate about equality and right to dignity of the disabled and also about the discrimination faced by these people in their day to day life.

The rulebook for airlines across the world is quite clear about who can fly and who cannot fly. But people like Rajiv, obviously, don't belong to the group who cannot fly. It's just a case of the airline being insensitive.

"It's sheer callousness," Convenor of Disabled Rights Group, Javed Abidi, points out. "The Jet Airways or JetLite is so scared of the incident that they are even refusing to admit that the lapse has happened on their part. And they are trying to use the brand name of Air Sahara in this case whereas the whole world knows the Jet Airways owns it," he says.

Abidi doesn't buy the argument that the airlines may be not equipped to deal with such people or such cases. "They can't make a distinction since they don't make any such distinction in case of non-disabled people. Then why this judgement on people with disability? The moment you see a person on a wheelchair, you presume that the person is unwell," he claims.

Rajiv himself says that "this was the first time I faced such an awkward situation as far as the boarding an aircraft is concerned. No co-passenger came to my rescue," he regrets.

Denzil Keelor, well-known aviation expert and a retired air marshal, says the way the airline handled the case was totally wrong. "They had no business to provoke the boy to an extent when he had to call in the police. This is no way to treat people," he says.

Rajiv Rajan, incidentally, is a frequent flier and a prominent disability activist in the country. On Monday, he was coming to Delhi on the invitation of the Government of India to attend a very high-level meeting when this incident occurred. Rajiv now says he will file an FIR against the airline.

"Just because he has a difficulty in speaking or expressing himself, just because his face may look a little peculiar because of his particular condition, they can't treat him like this," argues Abidi.

"This grossest form of discrimination against him has occurred because of the airline. We are giving them 24 hours to take responsibility and they will have to issue an unqualified apology. If they fail to respond, we will take appropriate action. We will not let this case go off," Abidi says.

Rajiv is not the only one facing such discrimination at airports and other places.

"I have also been facing such problems so many times," says S Smita, who is suffering from multiple sclerosis.

"When we fly Jet Airways or Air Deccan, we are given a form and we are asked to sign an indemnity bond saying the airline will not be responsible for any damage, mishap or death happening to the passenger. Since these forms are meant for medically unfit passengers, it always leads to arguments as we refuse to sign them," she points out.

Aviation expert Denzil Keelor says there is a rule in the country, issued by DGCA, which directs airlines to carry passengers who are sick and disabled. There is no existing rule, which says you cannot carry them. Therefore the airline was bound to carry such passengers.

"It is a disgrace and shame for big airlines like Sahara and Jet Air to not handle such cases correctly," he says. "Apart from the rule, even the government is very clear that passengers who are disabled or sick should be escorted. They also need to be given a proper seat, not near the aisle or emergency doors," he adds.

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