Bombay HC slams DGCA, airlines over wheelchair shortage at airports
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Mumbai: The Bombay High Court on Monday directed the Directorate General of Civil Aviation (DGCA), airport operators, and airline companies to take urgent and preventive measures to ensure that senior citizens, specially abled individuals, and ailing passengers do not suffer due to the lack of wheelchair facilities at airports across India. The court emphasized that human dignity and sensitivity must be the foundation of air travel services, warning that heavy penalties would be imposed on stakeholders who fail to comply.
The division bench of Justices Girish S Kulkarni and Advait M Sethna was hearing two separate petitions highlighting the inadequacy of wheelchair services at airports. One petitioner, a woman over 50 years old with severe arthritis, narrated the ordeal she and her elderly mother faced in September 2023 when pre-booked wheelchairs were denied to them upon their arrival in Mumbai on a Vistara flight from Colombo. The second petition, filed by a 53-year-old man, raised similar concerns regarding the unavailability of sufficient wheelchairs at the Mumbai International Airport.
During the hearing, the court remarked that the current grievance redressal mechanisms are not sufficient, and the immediate availability of required facilities is imperative. “How can you have so little stock of wheelchairs? Flights may be overbooked, but how do you overbook wheelchairs?” Justice Kulkarni questioned. He stressed that preventive arrangements must be made to address the needs of passengers who might suddenly fall ill or require assistance due to long flight delays.
The court had previously observed on April 7 that genuine concerns of such travelers must be addressed with “utmost priority” and had directed the DGCA to file an affidavit on the matter. On Monday, after perusing the affidavit, the bench reiterated its position, stating that grievance redressal is not enough when essential services are lacking.
Referring to a recent incident where an elderly Air India passenger collapsed and died at the Mumbai airport after being forced to walk due to a shortage of wheelchairs, the court called the situation “unfortunate” and underscored the need for greater sensitivity and preparedness. “We are concerned about human lives. Airlines and airport operators must act with compassion. This should not have happened,” the court stated.
The judges also highlighted that other countries offer more than just basic rights to vulnerable travelers, providing them with the highest respect and care. “India should lead by example. Unfortunately, this is not happening here. Airlines should not wait for regulations but act voluntarily and proactively. It is not limited to one airline,” the bench noted.
The court called on the DGCA to consider imposing heavy penalties for negligence and service deficiencies. “You are not merely operating flights. With such lapses, you increase the suffering of people who are already struggling. This has to be a service recognizing basic human rights,” Justice Kulkarni said.
When informed that even Heathrow Airport in the UK faces similar challenges, the court responded that India could set a global benchmark in ensuring such facilities. “This is where India can take the lead and become an example for the world,” the bench said.
Senior Advocate Zal Andhyarujina, representing Air India, acknowledged the seriousness of the issue and expressed the airline's willingness to engage in a shared responsibility model with airport operators for providing wheelchairs.
The court said it is considering the formation of an expert committee to consult all stakeholders and submit a report, based on which the DGCA may frame comprehensive guidelines. A detailed order is expected to be passed on Tuesday.
