Re: [AI] Disappointment judgement of Delhi HC

2023-06-24 Thread Rohith P
t;>>
> >>>>> 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
> >>>>>>   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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_
> >
> >>>>>>
> >>>>>>  On Fri, Jun 16, 2023 at 20:31, 'Manoj Pai' via AccessIndia
> >>>>>>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
> >&g

Re: [AI] Disappointment judgement of Delhi HC

2023-06-21 Thread Ved Prakash Sharma
lar 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
>>>>>>>   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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>>>>>>
>>>>>>>  On Fri, Jun 16, 2023 at 20:31, 'Manoj Pai' via AccessIndia
>>>>>>>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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>>>>>>
>>>>>>>  On Fri, Jun 16, 2023 at 19:34, Kanchan Pamnani
>>>>>>>wrote:
>>>

Re: [AI] Disappointment judgement of Delhi HC

2023-06-21 Thread Ved Prakash Sharma
; 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
>>>>>>   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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>>>>>
>>>>>>  On Fri, Jun 16, 2023 at 20:31, 'Manoj Pai' via AccessIndia
>>>>>>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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>>>>>
>>>>>>  On Fri, Jun 16, 2023 at 19:34, Kanchan Pamnani
>>>>>>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 resp

Re: [AI] Disappointment judgement of Delhi HC

2023-06-20 Thread Avichal Bhatnagar
0 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
>>>>>   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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>>>>
>>>>>  On Fri, Jun 16, 2023 at 20:31, 'Manoj Pai' via AccessIndia
>>>>>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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>>>>
>>>>>  On Fri, Jun 16, 2023 at 19:34, Kanchan Pamnani
>>>>>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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>&g

Re: [AI] Disappointment judgement of Delhi HC

2023-06-20 Thread pavan kallem
ons 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
>>>>>   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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>>>>
>>>>>  On Fri, Jun 16, 2023 at 20:31, 'Manoj Pai' via AccessIndia
>>>>>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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>>>>
>>>>>  On Fri, Jun 16, 2023 at 19:34, Kanchan Pamnani
>>>>>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
>>>>>
>>>>&

Re: [AI] Disappointment judgement of Delhi HC

2023-06-19 Thread BHAWANI SHANKAR VERMA
pid=nativeplacement=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>

 On Fri, Jun 16, 2023 at 19:34, Kanchan Pamnani
   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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>

 On Tuesday, June 13, 2023, 2:07 PM, Muralidharan
 Vishwanath  wrote:

 Thanks Ketan. We are discussing it and will definitely
 challenge.

 Murali

 On Tue, Jun 13, 2023 at 10:47 AM Ketan Kothari
   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
   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>”
   

Re: [AI] Disappointment judgement of Delhi HC

2023-06-18 Thread Ved Prakash Sharma
gotiating.
>>>>
>>>> Manoj
>>>>
>>>> Sent from Yahoo Mail on Android
>>>>
>>>> <https://mail.onelink.me/107872968?pid=nativeplacement=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>>>
>>>> On Fri, Jun 16, 2023 at 19:34, Kanchan Pamnani
>>>>      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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>>>
>>>> On Tuesday, June 13, 2023, 2:07 PM, Muralidharan
>>>> Vishwanath  wrote:
>>>>
>>>> Thanks Ketan. We are discussing it and will definitely
>>>> challenge.
>>>>
>>>> Murali
>>>>
>>>> On Tue, Jun 13, 2023 at 10:47 AM Ketan Kothari
>>>>  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
>>>>  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

Re: [AI] Disappointment judgement of Delhi HC

2023-06-18 Thread Ved Prakash Sharma
34, Kanchan Pamnani
>>>  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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>>
>>> On Tuesday, June 13, 2023, 2:07 PM, Muralidharan
>>> Vishwanath  wrote:
>>>
>>> Thanks Ketan. We are discussing it and will definitely
>>> challenge.
>>>
>>> Murali
>>>
>>> On Tue, Jun 13, 2023 at 10:47 AM Ketan Kothari
>>>  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
>>>  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
>>&g

Re: [AI] Disappointment judgement of Delhi HC

2023-06-18 Thread Ajay Minocha
;> 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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>>
>> On Tuesday, June 13, 2023, 2:07 PM, Muralidharan
>> Vishwanath  wrote:
>>
>> Thanks Ketan. We are discussing it and will definitely
>> challenge.
>>
>> Murali
>>
>> On Tue, Jun 13, 2023 at 10:47 AM Ketan Kothari
>>  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
>>  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
>>

Re: [AI] Disappointment judgement of Delhi HC

2023-06-17 Thread harish kotian

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 
 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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>

On Fri, Jun 16, 2023 at 20:31, 'Manoj Pai' via AccessIndia
 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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>

On Fri, Jun 16, 2023 at 19:34, Kanchan Pamnani
 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.

   

Re: [AI] Disappointment judgement of Delhi HC

2023-06-16 Thread Muralidharan Vishwanath
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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>
> On Fri, Jun 16, 2023 at 20:31, 'Manoj Pai' via AccessIndia
>  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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
>
> On Fri, Jun 16, 2023 at 19:34, Kanchan Pamnani
>  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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_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 
> 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  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
> >

RE: [AI] Disappointment judgement of Delhi HC

2023-06-16 Thread 'Manoj Pai' via AccessIndia
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 
 
  On Fri, Jun 16, 2023 at 20:31, 'Manoj Pai' via 
AccessIndia 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 
 
  On Fri, Jun 16, 2023 at 19:34, Kanchan Pamnani 
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

  

On Tuesday, June 13, 2023, 2:07 PM, Muralidharan Vishwanath 
 wrote:


Thanks Ketan. We are discussing it and will definitely challenge.

  

Murali

  

On Tue, Jun 13, 2023 at 10:47 AM Ketan Kothari  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  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

RE: [AI] Disappointment judgement of Delhi HC

2023-06-16 Thread 'Manoj Pai' via AccessIndia
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 
 
  On Fri, Jun 16, 2023 at 19:34, Kanchan Pamnani 
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

  

On Tuesday, June 13, 2023, 2:07 PM, Muralidharan Vishwanath 
 wrote:


Thanks Ketan. We are discussing it and will definitely challenge.

  

Murali

  

On Tue, Jun 13, 2023 at 10:47 AM Ketan Kothari  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  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 ma

Re: [AI] Disappointment judgement of Delhi HC

2023-06-16 Thread Muralidharan Vishwanath
Agree with Kanchan that courts should be the last resort.
We actually believe in that. Thanks Kanchan. We seem to be on the same
wavelength on many issues.

Having said that, it needs to be pointed out that the railways from the
beginning have been opposed to even the universal validity of the
disability certificate, let alone the UDID. They have made this abundantly
clear and repeatedly.

We had in fact submitted several memorandums to various railway ministers,
the latest to Shri Piyush Goyal, raising several issues concerning the
railways including the validity of the UDID. But to no avail.

We have met officials at Rail Bhawan. But to no avail.

We have held several dharnas, both at the divisional level and also at New
Delhi, the latest being in April 2018, in which among other issues the
problem of non-acceptance of UDID was raised. But to no avail.

We have also petitioned MPs who in turn have raised this matter with the
railways. But to no avail.

When the DEPwD  the MSJE minister were unable to prevail upon the railway
ministry in the same Union Cabinet, was there any other avail?

And as the statement issued by the NPRD categorically underlines, it is the
obstinate stance of the railways that  "forced us" to seek legal remedy.

And lastly, why would we want to spend resources (of which we are in any
case short of) in unnecessary legal battles, which besides energy also
consume a lot of time and the outcome is uncertain (and can be adversarial)?

We do not know of any other avenue or method of dispute resolution.

Unlike the kisans, we lack the numbers... you will agree.

We would definitely gain from the experience of others if they would be
kind enough to share.

Kanchanji, this was our "last resort", and courts will always be, as far as
the NPRD is concerned, be assured.
As a senior practicising advocate, I am sure you know far better.

Respect your views Kanchan, but then.


Murali




On Fri, Jun 16, 2023 at 7:34 PM Kanchan Pamnani 
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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_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 
> 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  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

RE: [AI] Disappointment judgement of Delhi HC

2023-06-16 Thread Kanchan Pamnani
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=Global_Acquisition_YMktg_315_Internal_EmailSignature_sub1=Acquisition_sub2=Global_YMktg_sub3=_sub4=10604_sub5=EmailSignature__Static_>
 

 

On Tuesday, June 13, 2023, 2:07 PM, Muralidharan Vishwanath 
mailto: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 mailto: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 mailto: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..
>
>

Re: [AI] Disappointment judgement of Delhi HC

2023-06-13 Thread 'Manoj Pai' via AccessIndia
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


On Tuesday, June 13, 2023, 2:07 PM, Muralidharan Vishwanath 
 wrote:

Thanks Ketan. We are discussing it and will definitely challenge.
Murali
On Tue, Jun 13, 2023 at 10:47 AM Ketan Kothari  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  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
> ” 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.
> 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
Twitter:  @muktaketan
Skype ID: Ketan

-- 
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/
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You received this message because you are subscribed to the Google Groups 
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Re: [AI] Disappointment judgement of Delhi HC

2023-06-13 Thread Muralidharan Vishwanath
Thanks Ketan. We are discussing it and will definitely challenge.

Murali

On Tue, Jun 13, 2023 at 10:47 AM Ketan Kothari  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  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
> > ” 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.
> > 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
> Twitter:  @muktaketan
> Skype ID: Ketan
>
> --
> 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
> 

Re: [AI] Disappointment judgement of Delhi HC

2023-06-13 Thread vishal sharma
all the best of luck Murali sir.

On 6/13/23, Ketan Kothari  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  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
>> ” 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.
>> 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
> Twitter:  @muktaketan
> Skype ID: Ketan
>
> --
> 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/CAC4kLWU-yZbk1hbd32Z%2Beira61AWku2eDdRvuEd2g44V1Ngpnw%40mail.gmail.com.
>

-- 
Disclaimer:
1. Contents of the mails, factual, or otherwise, reflect the thinking of 

Re: [AI] Disappointment judgement of Delhi HC

2023-06-12 Thread Ketan Kothari
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  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
> ” 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.
> 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
Twitter:  @muktaketan
Skype ID: Ketan

-- 
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/
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You received this message because you are subscribed to the Google Groups 
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