I think, Mr. Rungta should be approached for help in this matter, because he not only has an outstanding record of winning cases against obstinate authorities, but has also successfully negotiated with railways, ensuring jobs to thousands of visually impaired people. So, it is clear that the problem is not with the railways, but with the people involved in negotiations.
On 6/20/23, BHAWANI SHANKAR VERMA <bsvermad...@gmail.com> wrote: > 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<ajayminoc...@gmail.com> wrote: >>> Completely agree with Harish Ji. >>> >>> On 18/06/2023, harish kotian<hpkot...@outlook.com> 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 >>>>> <accessindia@accessindia.org.in> 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 >>>>> <accessindia@accessindia.org.in> 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 >>>>> <kanchanpamn...@gmail.com> 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:accessindia@accessindia.org.in] >>>>> *Sent:* 14 June 2023 00:14 >>>>> *To:*accessindia@accessindia.org.in >>>>> *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<murali.alat...@gmail.com> wrote: >>>>> >>>>> Thanks Ketan. We are discussing it and will >>>>> definitely >>>>> challenge. >>>>> >>>>> Murali >>>>> >>>>> On Tue, Jun 13, 2023 at 10:47 AM Ketan Kothari >>>>> <muktake...@gmail.com> 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 >>>>> <murali.alat...@gmail.com> 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/accessindia@accessindia.org.in/ >>>>> > --- >>>>> > 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 >>>>> accessindia+unsubscr...@accessindia.org.in >>>>> >>>>> <mailto:accessindia%2bunsubscr...@accessindia.org.in>. >>>>> > 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/accessindia@accessindia.org.in/ >>>>> --- >>>>> 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 >>>>> accessindia+unsubscr...@accessindia.org.in. >>>>> 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/accessindia@accessindia.org.in/ >>>>> --- >>>>> 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 >>>>> toaccessindia+unsubscr...@accessindia.org.in. >>>>> 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/accessindia@accessindia.org.in/ >>>>> --- >>>>> 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 toaccessindia+unsubscr...@accessindia.org.in. >>>>> 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/accessindia@accessindia.org.in/ >>>>> --- >>>>> 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 toaccessindia+unsubscr...@accessindia.org.in. >>>>> 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/accessindia@accessindia.org.in/ >>>> --- >>>> 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 toaccessindia+unsubscr...@accessindia.org.in. >>>> 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:ajayminoc...@gmail.com >>> p13aj...@iimidr.ac.<p13aj...@iimidr.ac.in>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/accessindia@accessindia.org.in/ >>> --- >>> 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 toaccessindia+unsubscr...@accessindia.org.in. >>> 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. >>> >> > > -- > 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/accessindia@accessindia.org.in/ > --- > 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 accessindia+unsubscr...@accessindia.org.in. > To view this discussion on the web visit > https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/87d5f506-08ef-4dae-e863-fae256a2de0a%40gmail.com. > -- Avichal Bhatnagar Assistant professor at Department of English, Sri Guru Nanak Dev Khalsa College University of Delhi Doctoral research scholar at Department of humanities Delhi Technological University (formerly Delhi college of engineering) -- 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/accessindia@accessindia.org.in/ --- 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 accessindia+unsubscr...@accessindia.org.in. To view this discussion on the web visit https://groups.google.com/a/accessindia.org.in/d/msgid/accessindia/CADsKw8oh0xWDSVUC7bD5yVKE0TDmSNC%3Dk9NgHgBnYUsk7Fd85Q%40mail.gmail.com.
