A shabby excuse. I don't think the offence under RPWD cannot be tried in ordinary court if the special courts are yet to be set up. Courts can be designated as special courts which sadly is not yet done.
सादर / With thanks & Regards राजेश आसुदानी Rajesh Asudani सहायक महाप्रबन्धक AGM बाजार आसूचना ईकाई MIU भारतीय रिजर्व बैंक Reserve Bank of India नागपुर Nagpur 0712 2806846 President VIBEWA Co-Moderator VIB-India A-pilll = Action coupled with Positivity, Interest, Love, Logic and laughter. -----Original Message----- From: AccessIndia [mailto:[email protected]] On Behalf Of Kanchan Pamnani Sent: 25 June 2018 15:58 To: AccessIndia: a list for discussing accessibility and issuesconcerning the disabled. Subject: [AI] Disabled Suffer Disabled Suffer: Over 410 railway cases pending trial MUMBAI: More than 400 cases registered by the railway police since last year for illegal travel in coaches for the handicapped haven't gone to trial yet. Reason being the state has failed to set up a special court <https://timesofindia.indiatimes.com/topic/special-court> to try offences committed against thedisabled <https://timesofindia.indiatimes.com/topic/disabled>. The Rights of Persons with Disabilities (RPWD) Act provides for a fine of up to Rs 1 lakh if an able-bodied commuter is found guilty of travelling in a compartment reserved for the disabled. But the Act requires a special court to try the cases. · Every luxury is just a short distance away- Kalpataru Magnus*Kalpataru magnus* <https://ade.clmbtech.com/evnt/click.htm?r=M2RiNjA5MzItNjQ2Zi00OTlmLTk5ZWQtMWNlYmE1OGQwZWQ2LTFzandrOjEyOTE0NjphbGwsNXhxLDluajoyMzExMzA0ODoyOjM2OTA0ODE6NzMzOjo6OS41ODk5OTM5MzE1MzM1NzI6MDo2NDcyNTcyOTE6MTo2Mjg1MDowOjo6MjoxODIuNTYuMjI2LjIxNTpNb3ppbGxhLzUuMCAoV2luZG93cyBOVCA1LjEpIEFwcGxlV2ViS2l0LzUzNy4zNiAoS0hUTUwsIGxpa2UgR2Vja28pIENocm9tZS80OS4wLjI2MjMuMTEyIFNhZmFyaS81MzcuMzY6OjAuMDowOjA6OjE2OjE6MDowOjQ6OjoxNTI5OTIyMjU1Njg3OmZhbHNlOjExMjQ4OA&fpc=5d6fb970-091f-4a24-9202-5c59e3a73cea-1silc&i=g930c931V129&s=https%253A%252F%252Ftimesofindia.indiatimes.com%252Fcity%252Fmumbai%252Fover-410-railway-cases-pending-trial%252Farticleshow%252F64725729.cms&u=http%3A%2F%2Fprojects.kalpataru.com%2Fmagnus%2Findex.aspx%3Futm_source%3Dcolombia_native_ads%26utm_medium%3Dbanner_2%26utm_campaign%3Dkalpataru_magnus> · The biggest Pre-Launch of 2018 Launch Code Expansia Thane W*Launch Code Expansia* <https://ade.clmbtech.com/evnt/click.htm?r=M2RiNjA5MzItNjQ2Zi00OTlmLTk5ZWQtMWNlYmE1OGQwZWQ2LTFzandrOjEyOTE0NjphbGwsNXhxLDluajoyMzExMzIzODoyOjM3MDI0NTg6NzMzOjo6MTMuMDowOjY0NzI1NzI5MToxOjE2NjU0OjA6OjoyOjE4Mi41Ni4yMjYuMjE1Ok1vemlsbGEvNS4wIChXaW5kb3dzIE5UIDUuMSkgQXBwbGVXZWJLaXQvNTM3LjM2IChLSFRNTCwgbGlrZSBHZWNrbykgQ2hyb21lLzQ5LjAuMjYyMy4xMTIgU2FmYXJpLzUzNy4zNjo6MC4wOjA6MDo6MTY6MTowOjA6NDo6OjE1Mjk5MjIyNTU2ODc6ZmFsc2U6MTEyNDg4&fpc=5d6fb970-091f-4a24-9202-5c59e3a73cea-1silc&i=g930c931V129&s=https%253A%252F%252Ftimesofindia.indiatimes.com%252Fcity%252Fmumbai%252Fover-410-railway-cases-pending-trial%252Farticleshow%252F64725729.cms&u=http%3A%2F%2Fprojects.kalpataru.com%2Flaunchcodeexpansia%2F%3Futm_medium%3Dclicks%26utm_source%3Dctn%26utm_campaign%3Dlaunch> Recommended By Colombia Security agencies are left with no option but to apply the Indian Railways <https://timesofindia.indiatimes.com/topic/indian-railways>Act where the fine is a mere Rs 500. Able-bodied commuters, many of them government servants or off-duty policemen, throng handicapped compartments during peak hours. There have been instances of disabled commuters suffering injuries after they fell out of the coach. The RPWD Act replaced the Persons with Disabilities Act, 1995, and was framed to make Indian law compliant with the UN Convention on Rights of Persons with Disabilities. LATEST COMMENT *At present charge them Rs. 500/- and forget. Besides that Rs. 1 Lakh is hefty penalty. by mistake also person can board. So some reasonability should be there.**Meri Soch* In April 2017, the Supreme Court had directed special courts to be set up in every district within three months. Not a single such court has been set up in Mumbai yet. The first case under the Act was registered against a RPF officer, VG Sable, on August 19, 2017 by theKurla <https://timesofindia.indiatimes.com/topic/Kurla> GRP. A polio-afflicted commuter, Sagar Bornare, had filed the complaint. A senior GRP official said initially they lodged cognizable offences. But later, directions were given that illegal travel in handicapped coaches constitutes a non-cognizable (NC) offence. "But for investigating and making arrests in NC complaints, the law requires a prosecuting agency to take court permission. In the absence of special courts, we can't even take these permissions. As a result, 410 cases are pending trial," he said. Security agencies are left with no option but to apply the Indian Railways <https://timesofindia.indiatimes.com/topic/indian-railways>Act where the fine is a mere Rs 500. Able-bodied commuters, many of them government servants or off-duty policemen, throng handicapped compartments during peak hours. There have been instances of disabled commuters suffering injuries after they fell out of the coach. The RPWD Act replaced the Persons with Disabilities Act, 1995, and was framed to make Indian law compliant with the UN Convention on Rights of Persons with Disabilities. In April 2017, the Supreme Court had directed special courts to be set up in every district within three months. Not a single such court has been set up in Mumbai yet. The first case under the Act was registered against a RPF officer, VG Sable, on August 19, 2017 by theKurla <https://timesofindia.indiatimes.com/topic/Kurla> GRP. A polio-afflicted commuter, Sagar Bornare, had filed the complaint. A senior GRP official said initially they lodged cognizable offences. But later, directions were given that illegal travel in handicapped coaches constitutes a non-cognizable (NC) offence. "But for investigating and making arrests in NC complaints, the law requires a prosecuting agency to take court permission. In the absence of special courts, we can't even take these permissions. As a result, 410 cases are pending trial," he said. Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list.. ________________________________ Caution: The Reserve Bank of India never sends mails, SMSs or makes calls asking for personal information such as your bank account details, passwords, etc. It never keeps or offers funds to anyone. Please do not respond in any manner to such offers, however official or attractive they may look. 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