NEW DELHI, Dec 20: The Supreme Court has directed Indian Airlines (IA) to give concessional air tickets to people suffering from above 80 per cent locomotor disability by treating them on par with the blind.``Bearing in mind the discomfort and harassment a person suffering from locomotor disability would face while travelling by train, particularly to far-off places, we are inclined to issue direction to IA to grant them the same concession which the airlines is giving to those suffering from blindness,'' a division bench said.
The court granted the relief while disposing of a writ petition filed by Javed Abidi bringing to the court's notice the hardships faced by disabled persons while taking flights.
Attorney General Soli Sorabjee contended that the economic condition of the airlines was such that it was not feasible to grant further concession to any other category of disabled people.
He said the airlines was considering withdrawing such facilities to several group of citizens or to move therespective departments of the government to get the reimbursement.
The bench comprising Justice K Venkataswami and Justice G B Pattanaik agreed that the economic capacity was a germane consideration while deciding on persons suffering from disability as defined under the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
However, it said, ``We cannot ignore the true spirit and object with which the act was enacted. To create barrier free environment for persons with disability and to make special provision for the integration of persons with disabilities into the social mainstream apart from the protection of rights, provision of medical care, education, training, employment and rehabilitation are some of the Prime objectives of the act,'' it said.
The court said it might not be difficult for a person with low vision, a person with hearing impairment, mental retardation or a person suffering from leprosy to travel by train even to far-off placeswhereas a person suffering from locomotor disability would face enormous difficulty in travelling by train or bus.
``We think it is appropriate to direct that those suffering from the locomotor disability to the extent of 80 per cent and above would be entitled to the concession from the Indian Airlines for travelling within the country at the same rate as has been given to those suffering from blindness,'' the bench said.
However, it said the concession could be availed of only if the person concerned furnishes a certificate from the chief district medical officer to the effect that he was suffering the disability to the extent of 80 per cent.
The bench said, ``We are conscious of the financial position of Indian Airlines but are issuing the aforesaid direction keeping in view the broad objectives of the act.''
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.