Thanks Ketan. We are discussing it and will definitely challenge.

Murali

On Tue, Jun 13, 2023 at 10:47 AM Ketan Kothari <[email protected]> wrote:

> Dear Murali,
>
> This certainly needs to be challenged.   I had discussed the matter
> with Shree Rajesh Aggarwal, our department secretary and he had also
> concurred.  The problem here is the judges are not exposed to
> hardships of the disabled and in many cases, they go by their common
> understanding.
>
> Sad indeed!
>
> On 12/06/2023, Muralidharan Vishwanath <[email protected]> wrote:
> > 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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> Ketan Kothari
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