CCPD Fines Air India Rs 50,000, Recommends Rs 5 Lakh Compensation for De-Boarding Wheelchair Passenger

New Delhi: The Chief Commissioner for Persons with Disabilities (CCPD) has imposed a Rs 50,000 penalty on Air India and recommended Rs 5,00,000 in compensation for a wheelchair user who was unlawfully de-boarded from a domestic flight. 

The order was issued in a complaint filed by Falguni Maheshwari, a passenger with 80% locomotor disability, against Air India, the Ministry of Civil Aviation, and Delhi International Airport Limited (DIAL).

Arbitrary Removal and Damaged Mobility Aid

The incident occurred after Maheshwari travelled from Frankfurt to Delhi on an Air India flight without any operational or medical objections. However, upon boarding her connecting flight from Delhi to Bhuj, cabin crew questioned her fitness to fly based on visual observations and demanded a "Fit to Fly" certificate.

Despite having completed the long-haul international leg, Maheshwari was de-boarded without an in-person medical evaluation or immediate written justification. Additionally, her powered wheelchair was returned in a damaged condition, forcing her to bear extra financial burden and emotional distress to arrange alternative travel.

Regulatory Breach and Precedent

While Air India defended its decision on safety grounds, an inquiry by the Directorate General of Civil Aviation (DGCA) highlighted two primary regulatory breaches:

• No In-Person Medical Examination: Air India failed to arrange an assessment by a medical officer prior to denying carriage.
• Failure of Written Communication: The airline did not provide immediate written reasons for refusing boarding, as mandated by civil aviation regulations.

Exercising authority under the Rights of Persons with Disabilities (RPWD) Act, 2016, the CCPD ruled that reasonable accommodation is a mandatory legal duty, not a discretionary gesture. The Commissioner emphasised that a wheelchair is an essential mobility aid tied to personal autonomy, and damaging it cannot be treated as ordinary baggage loss.

Referencing the landmark Supreme Court precedent in the Jeeja Ghosh case, which addressed the illegal de-boarding of a passenger with cerebral palsy, the CCPD held that procedural rules cannot be used to justify conduct that degrades, humiliates, or unfairly burdens disabled passengers.

Directives Issued to the Airline

Beyond the Rs 50,000 fine, the CCPD recommended Rs 5 lakh in compensation to cover Maheshwari's mental agony, distress, financial hardship, and wheelchair repair costs.

Air India has been directed to:

1. Conduct an internal investigation into the staff conduct and protocols surrounding the event.

2. Conduct comprehensive training and sensitisation programs for crew and ground staff regarding disability rights and handling assistive devices.

3. Submit a formal Action Taken Report (ATR) within 60 days.