CASE COMMENTARY: JEEJA GHOSH v. UNION OF INDIA & Ors – DISABILITY RIGHTS, DIGNITY, AND EQUALITY IN PUBLIC SPACES

This case commentary examines the Supreme Court's landmark decision in Jeeja Ghosh v. Union of India (2016), a significant judgment that strengthened disability rights as an integral part of constitutional rights in India. The case arose from the forcible deboarding of disability rights activist Jeeja Ghosh from a commercial flight solely because of her cerebral palsy, raising important questions regarding equality, dignity, accessibility, and non-discrimination. The commentary analyses the factual background, legal issues, judicial reasoning, and constitutional principles applied by the Court, particularly Articles 14 and 21 of the Constitution of India. It further explores the Court's reliance on the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Civil Aviation Requirements, 2008, in adopting a rights-based approach to disability. The commentary argues that the judgment marked a decisive shift from a welfare-oriented model to one based on substantive equality, reasonable accommodation, and human dignity. It also evaluates the broader implications of the decision for disability jurisprudence and public service accessibility in India, highlighting its continuing influence on subsequent legal developments, including the Rights of Persons with Disabilities Act, 2016. The decision reinforces that exclusion based on disability constitutes a violation of fundamental rights and underscores the State's obligation to ensure equal participation and accessibility for persons with disabilities in all spheres of public life.