Jeeja Ghosh and 1 Other v. Union of India and 2 Others, Petition No. 98 of 2012

Nature of the Case

A woman with cerebral palsy successfully challenged her forceful de-boarding from an airplane due to her disability.

Enforcement of the Decision and Outcomes

The Union of India showed little interest in implementing this order. Petitioners have brought this reluctance to the notice of the Supreme Court.  In keeping with the principle of the “continuing mandamus,” the Supreme Court of India remained monitoring the implementation of its order.

Significance of the Case

Persons with disabilities have faced rudeness and treatment with a lack of dignity when they travel by air. There have been many instances reported of persons with disability being offloaded, women being asked to take off their pants while going through security with an prosthetic leg, persons on wheelchairs being asked to stand up and scolded during security checks and adults carried like infants on board the aircraft in the absence of wheelchairs.  Jeeja Ghosh’s case is a milestone in the struggle of persons with disabilities for equal and just treatment and is the first decision of the Supreme Court of India on mobility rights of persons with disability.

For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.