Showing posts with label Facilities for disabled. Show all posts
Showing posts with label Facilities for disabled. Show all posts

Friday, September 16, 2022

Delhi HC asks Indian Railways to ensure Free of Charge Human Assistance and Wheelchairs for Travelers with Disabilities on the lines of Delhi Metro

Court: Delhi High Court

Bench:  Hon'ble Satish Chandra Sharma, CJ and  Hon'ble Subramonium Prasad, J. 

Case No. : W.P.(C) 5666/2017

Case Title: Court on its Own Motion Vs. Union of India & Ors 

Date of Order: 16.09.2022

Brief.

The Delhi High Court has asked the Indian Railways to make all possible endeavours to ensure free of charge human assistance and wheelchair are provided to people with disabilitis at its stations on the lines of Delhi Metro. 

"The respondent shall also make all possible endeavours to ensure that free of charge human assistance and wheelchair is provided to differently abled persons", said the bench.

The bench headed by Chief Justice Satish Chandra Sharma sought a fresh status report from the authorities with regard to an earlier order on reserving some lower berths for persons with disabilities as well as giving free assistance to them, and said such facilities should at least be provided at the busy stations.

Noting that these facilities are being provided by the Delhi Metro as well, the court added the state-run transport behemoth shall certainly make all endeavours to make these available at maximum number of railway stations. It is not a big deal, at least in busy railway stations. At least in the four metros and class A cities it can be provided, the court said.

The order was passed on a PIL initiated by the high court onits own motion in July 2017 after after coming across a news report that the door of a special compartment for the disabled in the Gorakhdham Express was shut, with the result that the visually-impaired man missed his M.Phil entrance exam as he could not board a reserved compartment since it was locked from inside. 

Senior advocate S K Rungta, who has been appearing as amicus curiae (friend of the court) in the matter, told the bench that at this stage not much was required by way of attachment of coaches and reservation of seats for the differently abled but providing free escort and wheelchair was still an issue.

Mincing no words, the court had said it was shocked over complete apathy of the Railways in treating its physically challenged passengers by placing the compartments for the disabled at end of the trains and providing little or no help for access. The court had also said it will explore the possibility of compensation for the youth "who has undergone so much trauma for the callous disregard of his rights."

The matter has been adjourned to 07 December 2022.

Read the Order embeded below:-


Thursday, January 26, 2017

Bombay HC passes directions to Railways on facilities for disabled; seeks compliance report by 02 May 2017

Dear colleagues,

The Bombay High Court while hearing Writ Petition (Civil) 1684 of 2016 titled Nitin Arjun Gaikwad  Vs. The Union Of India And Ors, on Wednesday, the 25th January 2017, has passed directions to the Railways to :
  • provide facilities to disabled passengers travelling in local trains 
  • CCTV cameras inside reserved compartments
  • special seating arrangements in the platform for the disabled
  • and a a helpline facility for disabled passengers.
The division bench of Shri Justice A S Oka  and Smt. Justice Anuja Prabhudessai also directed the Director General of the Police to issue a circular to police stations in the state to take disciplinary action against police personnel who travel illegally in coaches meant for the disabled.

“The railways must appoint special officers to look into grievances of disabled passengers and also to ensure there is no unauthorised entry and travel by general public or police personnel in these reserved compartments. Despite several complaints made about this unauthorised travel, no action has been taken and neither measures to stop this. It is very shocking that the police themselves are violating the law." the Court observed.

The petitioner, Mr. Nitin Arjun Gaikwad who himself is a person with disability had filed a petition stating unauthorised commute by railway and police officials in the reserved compartments and about various facilities and measures promised to the disabled in platforms and trains which have not been implemented yet, despite orders passed by the Commissioner for Persons with Disabilities (CPD) which had directed the railways to implement these measures.

The court, while taking a note of the order by the State Commissioner for Persons with Disabilities appointed under the Disability Act of 1995 said, “Apart from CCTVs and seating arrangements for the disabled, a helpline should be activated so that passengers can immediately whatsapp or SMS about unauthorised commute and the railways and the police should appropriately respond and take action immediately.” The court also said that a special drive with extra police personnel should be carried out at various railway stations to create awareness on reserved coaches to ensure nobody travels illegally in coaches meant for the disabled.

The court has directed the railways, the Director General of Police (DGP) and the State Home Department of Maharashtra to submit a Compliance report affidavit regarding the steps taken, on May 2, 2017.

The matter was deferred on 18th Jan 2017 for 25th Jan 2017 for directions at the orders of the Court.