On 6/19/23, Ved Prakash Sharma <[email protected]> wrote: > 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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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/ >
-- 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/CAEuBAJbouViARSR5jCbZ0q_HeH4Yr-bAPafkzmOe3rxCv7bmRQ%40mail.gmail.com.
