Completely agree with Harish Ji. On 18/06/2023, harish kotian <[email protected]> wrote: > 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. >
-- Ajay Minocha Mobile: +91-9584076767 Email: [email protected] [email protected]. <[email protected]>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.. 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/CA%2BhY0d%2B3N6qBO%2BNKs-%2BzO%2BgO3OZNxaUbBVXNpLBAFvQTuLYAQw%40mail.gmail.com.
