TMI Blog1998 (12) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... on with effect from 7.2.1996 but no effective steps are being taken for implementation of the provisions of the Act. The petitioner himself is an Orthopedically impaired person and has incurred the disability within the meaning of Section 2(i)(v) of the Act. He appeared in person in this Court and successfully presented his case indicating several infirmities as well as callousness of the different organisations of the State in Implementing the provisions of the Act. In the Writ Petitioner prayed for the following reliefs :- (a) Direct the Indian Airlines to immediately provide for aisle chairs in every aircraft; (b) Direct the Indian Airlines to provide ambulift on all the Airports of the country; (c) Direct the Indian Airlines t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued, notice to all the State Governments and the Union Territories by order dated 20th October, 1997 to get responses from them. Pursuant to the aforesaid notice the Union of India through its Secretary in the Ministry of Welfare Department filed an affidavit on 30th September, 1997, indicating the steps taken by the Union Government for implementation of the provisions of the Act including the Constitution of the Central Committee under Section 3 thereof. Different States also filed their respective affidavits indicating the constitution of the State Co-ordination Committees under Section 13. In view of the constitution of the Central Co-ordination Committee as well as the State Co-ordination Committees in most of the States we do not t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disabilities into the social mainstream. The Committees constituted by the Central Government as well as by the respective State Government must, therefore, make carnest endeavour to achieve the objectives, as indicated above, in exercises of their powers conferred under the Act. The petitioner also made a specific grievance in the Writ Petition alleging the lack of facilities like providing aisle chair and ambulift by the Indian Airlines which according to the petitioner is a social obligation of the Airlines and the said Airlines must provide these minimum facilities to permit easy excess to the disabled persons particularly those who are orthopedically impaired and suffer from locomotor disability. The Indian Airlines in course of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and impressed upon the Court that the concession to the blind people was being given much prior to the commencement of the Act. According to Mr. Sorabjee, the learned Attorney General the economic condition of the Indian Airlines is such that it is not feasible to grant any further concession to any other category of disabled people and the Act itself postulates for providing facilities to the disabled persons within the limits of economic capacity. Detailed affidavits have been filed indicating the present economic position of the Indian Airlines. It has also been indicated in the said affidavits that the airlines is now reconsidering the question to withdraw such facilities to several group of citizens or to move the respective department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disability of blindness. When we consider the different types of disabilities mentioned in Section 2(i) of the Act and examine the same in relation to the difficulties one may face by travelling by train to far off places, say from Delhi to Trivandrum, those who are suffering from locomotor disability would stand by a separate class itself because of their immobility and the restriction of the limbs. It may not be difficult for a person with low vision or a person with hearing impairment or mental retardation or a person suffering from leprosy to travel by train even to far off places whereas a person suffering from locomotor disability above certain percentage of the same will find enormous difficulty in travelling by train or bus. We are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grant necessary certificate for that purpose. We are quite conscious of the financial position of the Indian Airlines but yet we are issuing the aforesaid direction keeping in view the broad objectives of the Act, as already narrated, and keeping in view the fact that concession is already being granted by the Airlines to the persons suffering from blindness. With these direction and observations the Writ Petition is disposed of. Before we conclude the matter we cannot but thank the petitioner who appeared in person and brought this matter to the notice of the Court which resulted in acceleration of the implementation of different provisions of the Act not only by the Union Government but also by the State Governments. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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