June 12, 2023
*Press Statement*
In a Writ Petition {W.P.(C) 2501/2019}, the National Platform for the
Rights of the Disabled (NPRD) had prayed before the Delhi High Court to set
aside a circular issued by the Indian Railways making it mandatory for
disabled persons desirous of availing concessions for rail travel to
procure a separate photo ID card issued by the railways. It was forced to
seek legal remedy given the obstinate stance of the Railways.
The Court in its order delivered recently, even while acknowledging that
the disability certificate issued by the appropriate authority is “valid
across India”, contradicts itself by upholding the legitimacy of the
issuance of a separate ID card by the railways.
The NPRD had contended that apart from the universal validity of the
disability certificate issued by a competent authority, the very purpose of
the Unique Disability Identity Card (UDID) issued by the Department for
Empowerment of Persons with Disabilities (DEPwD) of being a “single document
of identification, verfication of the disabled for availing various benefits
<https://www.swavlambancard.gov.in/cms/card-benefits>” stands defeated,
with the railways adamant on issuing its own separate ID card.
The judgment comes at a time when the DEPwD has made the possession of the
Unique Disability Identity Card (UDID) mandatory for availing benefits
under all central government schemes from April 1, 2023, even while it has
failed in getting the Railways to accept it.
Unfortunately, the Court has completely overlooked the contention of the
petitioner that the Railways are violating the mandate of the Rights of
Persons with Disabilities Act, 2016 (RPD Act).
Equally baffling is the fact that even though the NPRD had not sought any
relief with regard to concessions, the entire order is premised on this
ground, which is, to put it mildly, a faulty reading of the petition. Of
the total nine pages of the order, five and a half pages are devoted merely
to detailing the various types of concessions in fares that the railways
are providing. Be that as it may, concessions cannot be viewed as some sort
of largesse, but as a matter of the duty of the State towards the
marginalised and disadvantaged.
The NPRD, while expressing its strong displeasure, will be challenging this
in the Supreme Court.
*(Muralidharan)*
*General Secretary*
*National Platform for the Rights of the Disabled (NPRD)*
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