JAVED ABIDI versus UNION OF INDIA AND ORS.

JAVED ABIDI versus UNION OF INDIA AND ORS.

Persons suffering from locomotor disability to the extent of 80% and above must be granted airline fare concession at the same rate as given to blind persons, on proof via certificate from the Chief District Medical Officer, because they constitute a separate class by reason of their immobility. Economic capacity is relevant, but statutory objectives prevail.

Parties
Petitioner: Javed Abidi; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
17 December 1998
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Petition allowed
Legal Topics
Implementation of Disabilities Act, Equality and Non Discrimination, Airline Concessions for Disabled Persons, State Obligation for Persons With Disabilities
Constitutional Law Disability Law Administrative Law Implementation of Disabilities Act Equality and Non Discrimination Airline Concessions for Disabled Persons State Obligation for Persons With Disabilities

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Parties

Javed Abidi

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether persons with locomotor disability are entitled to airline concessions equivalent to those given to blind persons
  2. 2 Whether the Central and State Governments have effectively constituted required committees under the Disabilities Act
  3. 3 Obligation of Indian Airlines to provide facilities such as aisle chairs and ambulifts to disabled persons

Ratio Decidendi

Persons suffering from locomotor disability to the extent of 80% and above must be granted airline fare concession at the same rate as given to blind persons, on proof via certificate from the Chief District Medical Officer, because they constitute a separate class by reason of their immobility. Economic capacity is relevant, but statutory objectives prevail.

Court Disposition

Petition allowed

Orders

  • Indian Airlines must grant airline concession at the same rate as given to blind persons to those suffering from locomotor disability (80% and above), upon furnishing certificate from Chief District Medical Officer.
  • Chief District Medical Officer to constitute a board with an orthopaedic specialist and another suitable specialist to certify disability.