Case Summary: Jeeja Ghosh & Anr. v. Union of India & Ors.
Citation: (2016) 05 SC CK 0042; AIR 2016 SC 2393; (2016) 7 SCC 761
Date of Judgment: May 12, 2016
Bench: A.K. Sikri, J.; R.K. Agrawal, J.
Court: Supreme Court of India (Division Bench)
[Judgment Source] https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=1023257
One-Page Summary
Law Points Raised:
- Rights of persons with disabilities under Articles 14 and 21 of the Constitution.
- Legality and compliance of Civil Aviation Requirements (CAR) under Rule 133A of Aircraft Rules, 1937.
- Accountability of airlines under Consumer Protection Act.
Ratio Decidendi:
The Court recognized that the removal of Jeeja Ghosh, a person with cerebral palsy, from a SpiceJet flight was a grave violation of her fundamental rights. It emphasized that differently-abled individuals must be treated with dignity and equal respect. Airlines cannot act arbitrarily under the guise of safety concerns without following due process and legal guidelines like CAR 2008.
Final Ruling:
The Supreme Court ruled in favor of Jeeja Ghosh and awarded her ₹10 lakhs in compensation for the trauma, humiliation, and violation of her rights. The Court also directed strict adherence to CAR guidelines for persons with disabilities.
Relevant Paragraphs:
Para 2 – Recognition of disability rights.
Para 5 – Description of the incident.
Para 7 – Psychological and emotional trauma caused.
Para 9 – Violation of CAR 2008 provisions by airline.
Final Paragraph – Awarding of compensation and Court’s directions.