KOCHI: Hope and resolve are great enablers. The decision of the Kerala government to issue a driver’s licence to Jilumol Mariet Thomas, a 32-year-old woman without both arms, a year ago was hailed as a progressive step. But, then, history is not made every day.
Rudranath A S, a 22-year-old with 40% disability, has been knocking on the doors of the motor vehicles department (MVD) for the past four years seeking permission to attend the test for a driver’s licence. While Jilumol did not have arms, Rudranath’s right hand is deformed, with just three fingers.
Though Chalakudy taluk hospital issued a medical fitness certificate stating that Rudranath will be able to drive if the vehicle is sufficiently modified, the regional transport authority (RTA) dismissed the application, saying that a vehicle cannot be modified to the convenience of the candidate. Rudranath has now approached the Kerala High Court, alleging that the proceedings of the transport authority are in violation of Article 14 of the Constitution and discriminatory in nature.
According to Rudranath, after he turned 18, he approached a driving school to prepare him for the driver’s licence test. The school authorities directed him to get a clearance from the RTA. He approached the Irinjalakuda joint regional transport officer (JRTO) with the medical certificate. However, the JRTO dismissed his application, stating that a vehicle cannot be modified to his suitability.
According to Renjith B Marar, Rudranath’s counsel, a differently abled person can obtain a driver’s licence, as long as they have the necessary skills, training, and medical clearance to operate a vehicle safely.
HC directive sought to conduct test, issue licence
“Various courts across the nation have recognised that being differently abled alone cannot be a ground for denying a licence, and that person has the right to access transportation and participate in society like any other citizen,” Renjith said.
He pointed out that in Bhim Singh vs Union of India and others cases, the Supreme Court had held that “a person with a single lower limb disability could obtain a driver’s licence, as long as they could operate the vehicle safely.”
Rudranath sought a directive to grant him the licence after conducting the test and proving that he can drive a vehicle safely.