The Court of the Chief Commissioner for Persons with Disabilities has directed Air India to pay Rs 5 lakh to an 80 per cent locomotor-disabled woman, who was de-boarded from a Delhi-Bhuj flight after being asked for a “Fit-to-Fly” certificate, citing “humiliation and loss of dignity” she suffered. The court observed, “Accessibility, equality, non-discrimination, dignity and reasonable accommodation are not matters of concession or benevolence, but are statutory rights,” and fined Air India Rs 50,000 for violating safeguards governing air travel by persons with disabilities.The Office of the Chief Commissioner for Persons with Disabilities was set up under the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995. The office has been mandated to take steps to safeguard the rights of persons with disabilities.In a September 24 ruling, the Commissioner for Persons with Disability, S Govindaraj, took serious note of the damage caused to the woman’s wheelchair and said, “A wheelchair is an essential assistive device integral to her mobility, independence, and dignity,” and such “damage cannot be equated with ordinary baggage loss, as it directly impairs the autonomy and safety of a person with disability”.The court said it had to examine Air India “not merely from the perspective of ordinary airline procedures, but against the rights-based framework established under the RPwD Act and the applicable Civil Aviation Requirements (“CAR”) governing the carriage of persons with disabilities and persons with reduced mobility.” From boarding to de-boarding over ‘fit to fly’ certificateFalguni Maheshwari, an 80 per cent locomotor-disabled wheelchair user, travelled from Frankfurt to Delhi on an Air India flight on May 26, without any medical hindrance or objection. After boarding her connecting Air India flight from Delhi to Bhuj and occupying her seat, cabin crew questioned her fitness to travel independently, demanded a “Fit to Fly” certificate, and de-boarded her without providing any written reasons or an evaluation by an airport doctor. Maheshwari complained that her powered wheelchair was returned in a damaged condition and that she was forced to arrange alternative flights and onward travel at her own expense and under severe emotional distress. She submitted that demanding medical clearance mid-boarding violated DGCA Civil Aviation Requirements (CAR) and sought full compensation, accountability, and systemic reforms.Story continues below this adOn June 17, the Chief Commissioner for Persons with Disabilities issued notices to Air India, the Ministry of Civil Aviation and Delhi International Airport Limited, seeking a response to Maheshwari’s complaint. The notice was issued under the Rights of Persons with Disabilities Act, 2016, which protects persons with disabilities from discrimination and allows the commissioner to investigate complaints about violations of their rights.A medical concern without a medical examination?Advocates Rahul Bajaj, Aman Jain and Sarah, appearing for Falguni Maheshwari, submitted that she was permitted to undertake the Frankfurt–Delhi journey without any requirement of a fit-to-fly certificate, but after boarding the connecting flight and taking her seat, she was asked to produce such a certificate. It was contended that the requirement had neither been communicated to her at the time of booking nor at check-in or boarding.Jain argued that she was not examined by any medical officer of Air India before being de-boarded and that no proper medical basis or written reasons were provided to her for the decision. The counsel further contended that her disability-related characteristics, including her mobility and speech, appeared to have been treated as indicators of medical unfitness. The counsel further submitted that her powered wheelchair was returned in a damaged condition, causing her additional hardship, and sought appropriate action, compensation and systemic measures to ensure that similar incidents do not recur.Story continues below this adAir India submitted that Maheshwari was not denied carriage merely on account of her disability, but that the decision was taken owing to concerns regarding her health and safety. It was submitted that the cabin crew observed that she appeared extremely tired and was suffering from a cough and cold, which raised concerns regarding her ability to safely undertake the onward journey. They stated that, in such circumstances, medical clearance could be required in accordance with the applicable civil aviation requirements.It was further submitted that Maheshwari subsequently obtained a fit-to-fly certificate and was accommodated on the next available Air India flight without additional fare. Air India also submitted that the wheelchair had been damaged during the course of handling and expressed its willingness to repair the wheelchair or compensate the Complainant for the damage. Delhi International Airport Limited (DIAL) submitted that it had no role in the decision to de-board the Complainant or in requiring her to furnish a fit-to-fly certificate. It stated that its role was limited to airport operations, including passenger-handling and wheelchair assistance, and therefore the grievance concerning the decision to discontinue the Complainant’s journey was primarily a matter concerning the airline. Directorate General of Civil Aviation representative Amla Halder, on behalf of the Ministry of Civil Aviation, submitted that where an airline forms concerns regarding the medical fitness of a passenger, the applicable procedure contemplates appropriate medical consultation/assessment at the airport.Story continues below this adThe court directed Air India Limited to pay Rs 5 lakh compensation to Maheshwari for the mental agony, humiliation, distress and inconvenience suffered by her as a consequence of the discontinuation of her journey after she had already boarded the aircraft, as well as the consequential financial hardship caused to her. It also levied a fine of Rs 50,000 for the contravention of the statutory and regulatory safeguards governing the rights of persons with disabilities in air transportation.