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The Supreme Court recently issued notice on a PIL seeking proper maintenance of accessible airport infrastructure, including tactile pathways, Braille signage, accessible seating, and priority check-in for persons with disabilities. 

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana called for the responses of the Ministry of Civil Aviation, the Directorate General of Civil Aviation, the Airport Authority of India, the Central Industrial Security Force and the Digi Yatra Foundation. 

The public interest litigation, filed by one Turab Chimthanawala, challenges "systemic and continuing failure" on the part of respondent-authorities in ensuring and operationalizing the accessibility standards and regulatory mandates governing civil aviation in India, including the Accessibility Standards and Guidelines for Civil Aviation 2022, Rule 15(1)(f) of the Rights of Persons with Disabilities Rules 2017, the Civil Aviation Requirements titled "Carriage by Air-Persons with Disability (Divyangjan) and/or Persons with Reduced Mobility" (PRM-CAR) issued by the DGCA. 

He claims that despite a comprehensive statutory and regulatory framework, there is complete absence of a proper monitoring mechanism that would ensure implementation of the 2022 Standards and Guidelines and the PRM-CAR. 

"This systemic failure has resulted in continuing and widespread inaccessibility across civil aviation infrastructure and services, including inaccessible airport infrastructure, lack of accessible signage and navigation systems, absence of accessible digital and biometric systems such as DigiYatra, inaccessible booking and check-in systems, improper handling of mobility aids, lack of trained personnel, coercive or inappropriate assistance practices, and the absence of dignified and accessible screening and immigration procedures. These failures constitute a continuing violation of statutory mandates as well as the fundamental rights of PwDs."

The petitioner seeks enforcement of fundamental rights of persons with disabilities, including their Right to Accessibility, an integral part of Articles 14, 19(1)(d) and 21 of the Constitution. He avers that the State and its instrumentalities have a "non-derogable obligation" to ensure that public infrastructure and services are usable by PwDs on an equal basis with others. 

The petition has been drawn by Advocates Rahul Bajaj, Amar Jain, Sarah and Amritesh Mishra, and filed through AoR Ashutosh Senger. 

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Case Title :  Turab Chimthanawala v. Union of India and Ors.