Document shared with you: ‘NCPEDP_DGCA Representation’

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Vaishnavi Jayakumar (via Google Docs)

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Aug 4, 2022, 1:59:03 AM8/4/22
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Please DM me your endorsement (name, designation, organisation) of this letter sent to DGCA (thanks for coordinating this NCPEDP!) on the ridiculous recent 'fit-to-fly' CAR revision ( https://frontline.thehindu.com/the-nation/disability-rights-groups-up-in-arms-over-dgcas-recent-amendment-to-car-for-differently-abled-travellers/article65719937.ece )

Text of letter :
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To, 

Shri Arun Kumar
Hon’ble Director General
Directorate General of Civil Aviation
Ministry of Civil Aviation
Aurobindo Marg
New Delhi- 110003

03rd August 2022

Sir, 

RE: DGCA’S 7TH REVISION TO CIVIL AVIATION REQUIREMENTS

I am writing this letter to you in furtherance of the recently amended Civil Aviation Requirements (CAR) through the 7th revision by DGCA.  On behalf of the entire disability sector, I strongly condemn the derogatory and retrograde provisions introduced to the CAR by the Directorate General of Civil Aviation. 

Sir, the need was to identify lapses in our policies and loopholes in the effective implementation after what happened at the Ranchi Airport with a young passenger with a disability. While on one hand, we appreciate the proactive steps taken by DGCA in going to the depth of that particular matter, on the other hand, we strongly advise that this revision be withdrawn with immediate effect. 

The inserted provision under the said revision provides that where an airline perceives that a disabled passenger’s health may deteriorate it will be the examination of the Doctors available on duty to determine if the said passenger is fit to fly or not. This clause, as added in the guidelines, challenges the right to equality for persons with disabilities as guaranteed by the Constitution of India through Article 14. It is also discriminatory under Section 3 of the Rights of Persons with Disabilities Act 2016. 

Sir, this is a provision that must be applicable and valid for all passengers irrespective of the conditions arising from disability. Moreover, any person without any expertise in any specific disability may not be the right person to conclude that the said person is not fit to fly, be it any airline official or a doctor available on duty. 

Putting this provision into effect would be a grave injustice to millions of people with disabilities who have been using air transport as a mode of travel. In addition to that, air transport is the only accessible mode of transport in our country and this provision would literally restrict people with disabilities from traveling for any purpose. 

It is my sincere request to you that you withdraw this provision with immediate effect. 

Yours Sincerely,

Letter Endorsed By:

NCPEDP_DGCA Representation
Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
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Abha Khetarpal

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Aug 4, 2022, 2:40:17 AM8/4/22
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I endorse
Name Abha Khetapal 
Designation President 
Organization Cross the Hurdles

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Regards

Abha Khetarpal

President, Cross the Hurdles 

 

National Award Winner & 100 Women Achiever Awardee

Henry Viscardi Achievement Awardee 2019


Member Sexual Harassment Committee

Department of Disability Affairs, Government of India

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