NEW DELHI — The Delhi High Court has updeld the legitimacy of the issuance of a separate ID card by the Indian Railways while it acknowledged the validity of disability certificates issued by the Department for Empowerment of Persons with Disabilities (DEPwD) across the country to serve as a single document for identification and verification of differently abled individuals to access various benefits.
The National Platform for the Rights of the Disabled (NPRD) had challenged a circular issued by the Indian Railways, which required disabled individuals to obtain a separate photo identity card issued by the railways in order to avail concessions for rail travel.
"The aforesaid statutory provision of law makes it very clear that the certificate is issued certifying the disability and the certificate is valid across India," a bench of Chief Justice Subhash Chandra Sharma and Justice Subramonium Prasad acknowledged DEPwD's certificate.
However, its said that "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 if disability issued under Section 58 of the Rights of Persons with Disabilities Act, 2016".
[bsa_pro_ad_space id=1]It supported the Railways' stance saying that the procedure adopted by it was a fair and transparent procedure and in fact, the circular dated March 19, 2015, has been issued by the Railways to ensure that a differently abled person is not required to show the disability certificate every time while buying a ticket.
While disposing of the Public Interest Litigation, the court said that it does not find any reason to interfere with the circular dated March 19, 2015, issued by the Railways and, therefore, no further orders are required to be passed.
It was the NPRD's case that the issuance of a separate ID card by the railways contradicts the purpose of the Unique Disability Identity Card (UDID) issued by the DEPwD, which is intended to serve as a single document for identification and verification of the differently abled individuals to access various benefits.
The DEPwD has made possession of the UDID card mandatory for availing benefits under all Central government schemes since April 1, 2023.
The petitioner contented that the Railways are violating the Rights of Persons with Disabilities Act, 2016 (RPD Act).
The NPRD plans to challenge the court's decision in the Supreme Court.