Agree with Kanchan that courts should be the last resort. We actually believe in that. Thanks Kanchan. We seem to be on the same wavelength on many issues.
Having said that, it needs to be pointed out that the railways from the beginning have been opposed to even the universal validity of the disability certificate, let alone the UDID. They have made this abundantly clear and repeatedly. We had in fact submitted several memorandums to various railway ministers, the latest to Shri Piyush Goyal, raising several issues concerning the railways including the validity of the UDID. But to no avail. We have met officials at Rail Bhawan. But to no avail. We have held several dharnas, both at the divisional level and also at New Delhi, the latest being in April 2018, in which among other issues the problem of non-acceptance of UDID was raised. But to no avail. We have also petitioned MPs who in turn have raised this matter with the railways. But to no avail. When the DEPwD the MSJE minister were unable to prevail upon the railway ministry in the same Union Cabinet, was there any other avail? And as the statement issued by the NPRD categorically underlines, it is the obstinate stance of the railways that "forced us" to seek legal remedy. And lastly, why would we want to spend resources (of which we are in any case short of) in unnecessary legal battles, which besides energy also consume a lot of time and the outcome is uncertain (and can be adversarial)? We do not know of any other avenue or method of dispute resolution. Unlike the kisans, we lack the numbers... you will agree. We would definitely gain from the experience of others if they would be kind enough to share. Kanchanji, this was our "last resort", and courts will always be, as far as the NPRD is concerned, be assured. As a senior practicising advocate, I am sure you know far better. Respect your views Kanchan, but then..... Murali On Fri, Jun 16, 2023 at 7:34 PM Kanchan Pamnani <[email protected]> wrote: > I have been reading everyones comments about their disappointment etc. I > echo the same. However this was not a matter to be taken to court. You have > to be prudent-something gets sorted by negotiations, discussions and > requests while other issues need to be addressed by the Courts. The Court > should be the last resort and not the first. I am sure this will get > resolved and it must. I have great respect for everyone who tries to > resolve an issue whichever way they know best. > > Lets keep going-Advocacy needs everyone. > > Kanchan > > > > *From:* 'Manoj Pai' via AccessIndia [mailto:[email protected]] > > *Sent:* 14 June 2023 00:14 > *To:* [email protected] > *Subject:* Re: [AI] Disappointment judgement of Delhi HC > > > > Deeply pained to hear. With full respect to the Hon Court, this sounds > like asking someone to reinvent the wheel when you have one. > > > > This apart, I am sure the Hon Supreme Court will undo the damages. > > > > Best wishes > > > > Manoj Pai > > Sent from Yahoo Mail for iPhone > <https://mail.onelink.me/107872968?pid=nativeplacement&c=Global_Acquisition_YMktg_315_Internal_EmailSignature&af_sub1=Acquisition&af_sub2=Global_YMktg&af_sub3=&af_sub4=100000604&af_sub5=EmailSignature__Static_> > > > > On Tuesday, June 13, 2023, 2:07 PM, Muralidharan Vishwanath < > [email protected]> wrote: > > 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)* > > > > -- > > 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.. > > > > > > Search for old postings at: > > http://www.mail-archive.com/[email protected]/ > > --- > > You received this message because you are subscribed to the Google Groups > > "AccessIndia" group. > > To unsubscribe from this group and stop receiving emails from it, send an > > email to [email protected]. > > To view this discussion on the web visit > > > https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/CAL7vCQ0%3DPzxv-hC0fEno5-LiYDtRe6RxGge%2BZFkUJXTmbOuwEg%40mail.gmail.com > . > > > > > -- > Ketan Kothari > Phone: [r] 02228283281, > Cell: +919987550614 > +917021054612 > Facebook: facebook.com/muktaketan > Twitter: @muktaketan > Skype ID: Ketan3333 > > -- > 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. 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