NEW DELHI: The Delhi High Court has upheld Indian Railways’ decision to issue separate identity cards to persons with disabilities for availing concession instead of using the government-issued Unique Disability Identity (UDID) Card.
Closing a 2015 public interest litigation by a disability rights group, which said ‘Railways’ disability ID card was in conflict with UDID, a bench headed by Chief Justice Satish Chandra Sharma said the court “does not find any reason to interfere” with the Railways’ circular issued in the same year.
“In the considered opinion of this court, the procedure adopted by the Railways is a fair and transparent procedure,” the bench also comprising Justice Subramonium Prasad noted. The bench held that the Railways’ policy decision was to issue a photo identity card for disabled persons on the basis of disability certificates for the purchase of concessional tickets and to ensure that they are not required to submit disability certificates whenever they buy a ticket.
“The Railways has issued a circular dated 19.03.2015 and in order to ensure that disabled persons are not required to submit their disability certificate each and every time while buying a ticket, a policy decision has been taken by the Railways to issue a Photo Identity Card for the purpose of purchase of tickets and the Photo Identity Card is issued on the basis of certificate of disability issued under Section 58 of the Rights of Persons with Disabilities Act, 2016,” the order read.
Citing the statutory provision of law, the order stated, it is very clear that the certificate is issued certifying the disability and it is valid across India. According to the plea moved by the NGO National Platform for the Rights of the Disabled (NPRD), the Rights of Persons with Disability Act (RPWD Act) overrides the circular of 2015 issued by the Railway Ministry, but the Indian Railways was still going ahead with the issuance of separate identity cards for disabled persons seeking to avail railway concession.
The plea stated that “the UDID became a reality after persistent efforts and years of advocacy,” saying the Indian Railways is responsible for discriminating against persons with disabilities by not accepting the UDID cards.
Disability certificate not needed to buy tickets
The Railways’ policy decision was to issue a photo identity card for disabled persons on the basis of disability certificates for the purchase of concessional tickets and to ensure that they are not required to submit disability certificates whenever they buy a ticket, the court said.