Chennai: The Madras high court has dismissed with costs of Rs 10,000, a petition by railways seeking modification of a court order in 2006, directing that differently-abled persons, who are accompanied by an escort, should not be denied concession.
A Division Bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. M. Sundresh said, “We are unequivocally of the view that the application is misconceived, contrary to the intent and purpose of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act”.
Originally, Rajiv Rajan filed a petition in 2005 to provide facilities in trains for persons with special needs. On September 14, 2006, the court issued various directives to railways.
Aggrieved with a directive relating to providing concession to differently-abled persons, the railways filed the present miscellaneous petition, contending that the concession was applicable only to orthopedically handicapped/paraplegic persons/patients, who cannot travel without the assistance of an escort and it cannot be extended to all persons irrespective of the level of handicap.
The Bench said, “We are amazed at the lack of sensitivity and foresight of the deponent in seeking such modification.” What was sought to be canvassed was that if a physically challenged person was travelling on his own without an escort, then the benefit of concession stood withdrawn even to that person although he was covered under the Act. The rationale given for the same was that this was a
matter of policy and was a commercial aspect, the bench added.
The bench said, “In our view, this is bordering on absurdity. If a person with special needs equips himself/herself to be able to deal with the daily chores better, including travel in train, he/she has a disadvantage. But if the person is accompanied by an escort, then both the person and the escort would be entitled to the concessional travel. World over, persons with special needs move around with facilities being created for their benefit. Such people are to be encouraged to do so to live an independent life. The society needs to be sensitised to the needs of such persons”.
