The woman, who was urinated upon on an international flight of Air India, has moved the Supreme Court seeking guidelines on 'unruly' and 'disruptive behaviour' in airplanes and a change in alcohol policy. She has also sought restrictions on media reporting of the criminal case ongoing in the Patiala House court on grounds that it was affecting "fair trial" through selective leaks of information.
In her petition, the woman said she was constrained to approach the top court because "Air India along with the Director General of Civil Aviation has failed to treat her with care and responsibility after that 'unruly passenger' urinated on her after having been served excessive alcohol on the flight.
"The wide-ranging national press reportage full of conjectures and surmises has severely undermined the petitioner's rights as a victim under Article 21 of the Constitution, and in fairness has also affected the rights of the accused as well," the petition said.
The incident happened in November last year on an international flight from New York to New Delhi. The woman, 72, was travelling in Air India Business Class Flight AI102. In her complaint, the victim said shortly after lunch was served, a male business class passenger walked to her seat, completely inebriated. "He unzipped his pants and urinated on me," she said.
Following her complaint, the passenger, Shankar Mishra, was arrested in January. However, weeks later, Mishra secured bail from a Delhi court.
In January this year, Air India modified its alcohol policy which said guests should not be permitted to drink alcohol unless served by the cabin crew. "Service of alcoholic beverages must be carried out in a reasonable and safe manner. This includes tactfully refusing to (further) serve a guest alcohol," it said.
The woman in her complaint had also alleged lapses by crew members, who she said made her negotiate with the accused. She said wanted the man arrested immediately by the airport police but the crew brought the offender before her against her wishes. "We were made to sit opposite each other in the crew seats."
In January, aviation regulator DGCA imposed a penalty of Rs 30 lakh on Air India as well as suspended the license of the pilot-in-command. The regulator also slapped a fine of Rs 3 lakh on Air India's Director of in-flight services for failing to discharge her duties.