Please provide H C Judgement if any list member has it. Some of my friends wish to challenge the same in S C. Thanks.
On 6/18/23, Ajay Minocha <[email protected]> wrote: > 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. 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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. > -- Vedprakash Sharmahttp://musicalexpressions.myehome.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/CAEuBAJZ4-p62e-mvzyQOU6pZTBBS6nAeWtMPeLQqQLOXpTJ_Pw%40mail.gmail.com.
