Case No.: 14089/1103/2023
Case Title: Rakesh Kumar v. Secretary, Railway Board, Ministry of Railways
Date of Order: 03 April 2025
Background
The proceedings before the Chief Commissioner for Persons with Disabilities arose from a complaint filed by a person with disability regarding the accessibility of railway transport services. The complainant highlighted that certain railway services lacked essential accessibility features required under the Rights of Persons with Disabilities Act, 2016.
According to the complaint, Train Nos. 12324 (Howrah–Barmer) and 12323 (Barmer–Howrah) were operating without a Divyang-friendly coach, thereby preventing persons with disabilities from accessing the trains with adequate support facilities. The complainant submitted that the absence of such coaches limited the ability of persons with disabilities to travel independently and safely.
The complainant argued that such deficiencies effectively restricted access to railway services for persons with disabilities. It was contended that the failure to ensure accessible railway facilities undermined the statutory obligations imposed on transport authorities under the RPwD Act.
Key Observations
The Chief Commissioner emphasised that access to transportation is an important component of social participation and independent living. Without accessible transport systems, persons with disabilities may face barriers in accessing employment, education and essential services.
The authority observed that the RPwD Act places obligations on governments and public transport providers to progressively ensure accessibility of transportation infrastructure. This includes the design of vehicles, stations and passenger facilities in a manner that accommodates the needs of persons with disabilities.
The Commissioner also examined the explanation provided by the railway authorities regarding the operational configuration of the trains and the ongoing electrification process affecting the availability of Divyang-friendly coaches.
Importantly, the CCPD noted that although accessibility concerns raised in the complaint were legitimate, the complaint did not satisfy the maintainability requirement of personal grievance under Rule 38 of the RPwD Rules, 2017.
Directions Issued
- The matter relating to the accessibility of Train Nos. 12323 and 12324 was reviewed in light of the accessibility obligations under the RPwD Act.
- The Railway Board was advised to examine the accessibility status of the trains and consider providing Divyang-friendly coaches or alternate accessible arrangements.
- Authorities were recommended to align railway accessibility measures with the Railway Accessibility Guidelines issued by the Department of Empowerment of Persons with Disabilities (12 March 2024).
- The respondent authority was requested to submit an Action Taken Report within three months outlining the steps taken to address accessibility concerns.
Commentary
The order underscores the important role that accessible transportation plays in enabling persons with disabilities to participate fully in society. Mobility is often a prerequisite for accessing employment, education, healthcare and community life. When transport systems remain inaccessible, persons with disabilities may face significant limitations in everyday activities.
Despite the statutory framework established by the RPwD Act, accessibility in railway transport continues to face practical challenges related to infrastructure, operational constraints and implementation timelines. These challenges often delay the realisation of accessible travel facilities across different routes and services.
By examining the accessibility concerns raised in the complaint and referring to the broader accessibility guidelines issued by the Department of Empowerment of Persons with Disabilities, the CCPD highlighted the continuing obligation of public transport authorities to move toward inclusive transport systems.
The order therefore contributes to
the broader effort to ensure that accessibility principles are progressively
integrated into the planning and operation of railway infrastructure.
Accessible transport systems remain essential for enabling persons with
disabilities to live independently and participate meaningfully in social and
economic life.
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