Hi

Kanchan, had hinted something important, however, as I see her hint was missed entirely. I do understand, why it was not possible for her to spill the beans. It is important and that is the reason what I think she had hinted.

A few disclaimers: Firstly, I have not discussed about this with her. Secondly I do wear 2 hats, one as a moderator and the other in my individual capacity. In this instance I think it is essential to be doubly sure that this mail is entirely in my personal capacity.

What comes foremost in my mind is when Sant GuruNanak demoed that truth also is not absolute, it also has a context and that too has to be presented correctly.


I need to admit upfront that I am presumptuous as I have neither gone through the judgement nor have I read the petition.


I do recall that NPRD had issued a press note which was shared on the list for withdrawal of circular for UDID as a primary document to avail services and facilities for the disabled. I suppose, here too the petition would have been to withdraw the circular which has a requirement to possess the disability card issued by them. The court may have upheld the defense arguement that the ministry has the power to issue such circular. If this is carried as it is to the supreme court the verdict may not be different. In my limited opinion, the focus of the petition should have been to make the UDID as one of the acceptable document for availing the railway concession and not withdrawal of their circular.

 The judges will generally go by what is presented to them.So it would not be appropriate to say disappointing verdict rather the disappointment should be directed to the possible weak petition or poor presentation.

I suppose, what Kanchan did not say in so many words was that one should be extra cautious while approaching the court for the damage that it can do as in this instance is far more greater than taking the traditional approach.


I hope appropriate lessons are learnt and it is understood that this comment is not entirely specific to this case.

Harish.



On 6/16/2023 9:00 PM, Muralidharan Vishwanath wrote:
Also, we would be glad and appreciate, if anybody else could prevail upon the railway ministry to accept the validity of the UDID, by whatever means at their command

On Fri, Jun 16, 2023 at 8:53 PM 'Manoj Pai' via AccessIndia <[email protected]> wrote:

    Ministers come and go. Thats what Railways officers tell us. Since
    the 1995 Act I had petitioned and met several Railway Ministers on
    matters related to PwD. The papers were sent to officers of Rail
    Bhavan for action. Nothing happened just a one liner reply and
    case closed. These same officer only understood Court language.

    You are on the right track Murali ji.

    Manoj

    Sent from Yahoo Mail on Android
    
<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 Fri, Jun 16, 2023 at 20:31, 'Manoj Pai' via AccessIndia
        <[email protected]> wrote:
        So what's stopping you from starting negotiations with the
        Railways, Kanchan? The same Railways which call themselves
        "Lifeline of Nation" but care a damn for divyangs? Steep
        ramps, non workings wheel chairs @ railway stations, every
        Railways staff park their vehicles on space reserved for PwD, 
        locked PwD toilets etc.

        We will all join you when you start negotiating.

        Manoj

        Sent from Yahoo Mail on Android
        
<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 Fri, Jun 16, 2023 at 19:34, 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]
                    <mailto:accessindia%[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
                    <http://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. 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]
                    <mailto:accessindia%[email protected]>.
                    To view this discussion on the web visit
                    
https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/CAC4kLWU-yZbk1hbd32Z%2Beira61AWku2eDdRvuEd2g44V1Ngpnw%40mail.gmail.com.

-- 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/CAL7vCQ1tEjV_PDNZn4QT9FqpYg2mKmzLCzgtebnB30RYzRiMXg%40mail.gmail.com
                
<https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/CAL7vCQ1tEjV_PDNZn4QT9FqpYg2mKmzLCzgtebnB30RYzRiMXg%40mail.gmail.com?utm_medium=email&utm_source=footer>.

-- 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/202506351.3159753.1686681841676%40mail.yahoo.com
            
<https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/202506351.3159753.1686681841676%40mail.yahoo.com?utm_medium=email&utm_source=footer>.

-- 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/052701d9a05b%24e0c78320%24a2568960%24%40gmail.com
            
<https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/052701d9a05b%24e0c78320%24a2568960%24%40gmail.com?utm_medium=email&utm_source=footer>.

-- 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/67453525.946466.1686927673960%40mail.yahoo.com
        
<https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/67453525.946466.1686927673960%40mail.yahoo.com?utm_medium=email&utm_source=footer>.

-- 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/838213675.961492.1686929013235%40mail.yahoo.com
    
<https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/838213675.961492.1686929013235%40mail.yahoo.com?utm_medium=email&utm_source=footer>.

--
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/CAL7vCQ1EEtsiM9bgu%2BdxWF3qJco%2B0GJUOKN30E3y9zxoSjQUaw%40mail.gmail.com <https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/CAL7vCQ1EEtsiM9bgu%2BdxWF3qJco%2B0GJUOKN30E3y9zxoSjQUaw%40mail.gmail.com?utm_medium=email&utm_source=footer>.

--
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/PN0P287MB0656CB1F7E48E72F5AF58FFCD25EA%40PN0P287MB0656.INDP287.PROD.OUTLOOK.COM.

Reply via email to