On the subject line, before going to the hon’ble supreme court, the following points are to be considered:

It is a discretionary power of the department who is providing concession to design a prescribed form to avail the benefit and upto what level they shall provide it. Example is: all the state and central govt are providing free or subsidized ration to BPL families, each and every state government have its own ration card. As the ruling party take over after election, they often replace the ration cards and all the beneficiaries have to mandatorily obtained the new card from local body.

1. Suppose, we willwin the battle, and railway shall make UDID a
   mandatorydocument to avail concession, it will become very difficult
   to avail it because many disabled persons are even unable to get
   aadhar and aadhar is the only document to get UDID and e-disability
   certificate.

My suggestion is that NGOs should organize camps to reach maximum disabled population to get UDID card and e-disability certificate for disabled persons.

On 6/19/2023 9:01 AM, Ved Prakash Sharma 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

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         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

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             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

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             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)*
                     >
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