Procedure Adopted Is Fair And Transparent: Delhi HC Refuses To Interfere With Railways Decision On Separate ID For Disabled
The Delhi High Court recently refused to interfere with the commercial circular dated March 19, 2015 issued by the Railways to issue separate ID cards to disabled persons for availing concession instead of using the government-issued Unique Disability Identity (UDID) Card.
“In the considered opinion of this Court, the procedure adopted by the Railways is a fair and transparent procedure and in fact, the circular dated March 19, 2015 has been issued by the Railways to ensure that a disabled person is not required to show the disability certificate every time while buying a ticket”, a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed in the matter.
Advocate Subhash Chandran KR appeared for the petitioner, and Advocate Nidhi Mohan Parashar appeared for the respondent.
The public interest litigation (PIL) was filed to sought directions to the Indian Railway to validate the UDID cards issued under the mandate of the Rights of Persons with Disabilities Act, 2016 for concession based ticketing for physically challenged (disabled) persons in compliance with Article 14, 21 of the Constitution of India.
However, the Union of India in its detailed reply revealed that the Railways has extended concession in fare to more than 50 categories of passengers which includes 4 categories of Divyang Passengers, 11 type of patients, senior citizens, press correspondents, war widows, sports persons, etc. and the concession varies from 10% to 100%. Further that the revenue foregone due to the concession was to be borne by Indian Railways.
The bench, therefore considering the averments made by the parties and the detailed reply of the Union of India, noted Section 58 of the Rights of Persons with Disabilities Act, 2016 that provides for certification in respect of persons having disability which is valid across India.
“The Railways has issued a circular dated March 19, 2015 and in order to ensure that disabled persons are not required to submit their disability certificate each and every time while buying a ticket, a policy decision has been taken by the Railways to issue a Photo Identity Card for the purpose of purchase of tickets and the Photo Identity Card is issued on the basis of certificate if disability issued under Section 58 of the Rights of Persons with Disabilities Act, 2016”, the order further read.
Accordingly, the bench disposed of the matter.
Cause Title: National Platform For The Rights Of The Disabled (NPRD) Through Its General Secretary v. Ministry Of Railways And Anr.
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