HC dismisses miscellaneous application filed by Railways

Criticising the Railways and observing that world over persons with special needs move around with facilities being created for their benefit, the Madras High Court has dismissed a miscellaneous plea filed by the Ministry of Railways imposing a cost of Rs 10,000 on it, to be paid to a social service organization based here.
Railways, in its application, sought to modify the orders passed by the High Court on September 14, 2006 which directed installation of an assistance booth at railway stations to help disabled travelling alone besides directing that persons, who accompany as escort, should not be denied concessional fare.

The Railways submitted that the concession was applicable only to orthopedically handicapped/paraplegic persons/patients who cannot travel without the assistance of an escort.
Taking a serious view of the matter when it came up yesterday, the First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice MM Sundresh, said "we are amazed at the lack of sensitivity and foresight of the deponent in seeking such modification."
"In nutshell, what is sought to be suggested is that the concession is applicable only to orthopedically handicapped/paraplegic person/patients who cannot travel without the assistance of an escort."
"In such situation, the benefit is extended to both the persons and the escort and the subsequent government order is also stated to have been issued to the effect that there can be a single escort for two such persons.

"What is sought to be canvassed is that if a physically challenged person is travelling on his own without an escort, then the benefit of concession stands withdrawneven to that person although he is covered under the provisions of the said Act. The rationale given for the same is that this is a matter of policy and is a commercial aspect," the bench said.

The bench in its order further said "In our view, this is bordering on absurdity. If a person with special needs equips herself/himself to be able to deal with the daily chores better, including travel in train, she/he has a disadvantage."

"The Railways seem to deprive more enterprisingamongsuch
persons, who are able to equip themselves,of the benefit of the concessional travel, going against the very objective of the provisions of the said Act (Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995," the bench said.
"We are unequivocally of the view that the application is misconceived, contrary to the intent and purpose of the said Act and a mindless exercise. We dismiss this application with cost quantified at Rs 10,000 payable to the organization viz., EKTHA (Vidyasagar) at Kotturpuram, run by the writ petitioner, within 15 days from today."

The bench, which posted the main petition for compliance report in its order, said that "despite lapse of a decade, such scheme (should) be framed within 15 days and placed before us by the next date of hearing, failing which we will initiate contempt proceedings against the officers concerned of the respondent-Railways."
"The Ministry of Railways should also place before us the scheme which would have been framed under the directions dated September 14, 2006, specifying the period of three months for the same."
The bench posted the matter for further hearing to April 27.