Mr. Prashant Singh; Mr. Shivankar Shukla v. Union of India & Ors

1. Present Public Interest Litigation was registered suo motu taking cognizance of the report captioned “Train door shut, disabled misses MPhil test at DU” published in New Delhi edition of the Times of India newspaper on 7th July, 2017.

2. As per the report, Mr. Vaibhav Shukla, a 100% visually impaired student had to travel to Delhi to appear in the entrance exam for the MPhil Course for that year being conducted by the University of Delhi. He had attempted to board the Gorakhdham Express train operated by the North- Eastern Railway at the Unnao railway station, however, the doors of the coach reserved for the disabled were found locked. His brother and the driver tried to open the coach however, the persons who were occupying the compartment refused to come forward to open the door which remained closed. The report had also noted the statement of Mr. Vaibhav Shukla to the effect that it was raining and the stoppage of the train was only for two minutes at Unnao railway station. The other coach reserved for the disabled was placed at the other end of the train and therefore Mr. Vaibhav Shukla could not reach it. It was also noted that it was not possible to get into the other coaches as they were very crowded. In these extreme unavoidable circumstances, the candidate for the entrance exam for the MPhil was prevented from participating in the entrance examination on 5th July, 2017.

3. Pursuant to the above incident, this Court took notice of the newspaper report and initiated the present suo motu Public Interest Litigation (PIL). During the pendency of the present PIL, a number of orders containing various directions were passed.

4. A lot of water has flown under the bridge since then. It is relevant to note that in the hearing held on 21st November, 2023, the learned Amicus Curiae contended that the only surviving issue is with respect to providing human assistance to persons with visual impairment as they face difficulties in locating their trains, coaches etc. at various railway stations. He had stated that the facility of wheelchair, though is made available at all important railway stations, yet on a payment of Rs.250/- which, at times, could be more than the train fare paid by such persons. Upon hearing the said issue, this Court was of the prima facie view that assistance to persons with certain disabilities at the railway station should be provided free of charge.

5. Section 45 of the Rights of Persons with Disabilities Act, 2016 mandates that all railway stations shall be made accessible to the persons with disabilities. Pursuant to the directions passed by this Court, the respondent/Railways had filed an affidavit dated 5th April, 2024. Relevant paragraphs of such affidavit were reproduced in the order dated 27th August, 2024. Not being satisfied with the contents of the affidavit, this Court had directed the Chairman, Railway Board to join the proceedings by way of an audio-video link on 7th October, 2024.

6. On 7th October, 2024, it was directed that a meeting will be held between Mr. Rungta, learned Amicus Curiae and the Chairman, Railway Board in order to resolve the remaining issue, as noted above.

7. Pursuant to the meeting held on 8th November, 2024, a Status Report has been handed over to the Bench today in Court on behalf of respondent/Railways and is taken on record. Mr. Chetan Sharma, learned ASG, appearing for the Railways states that pursuant to the said meeting, the respondent/Railways has agreed to extend the benefit/concession being granted to the persons covered under para 19.1(a)(i), to the other two remaining categories, that is, sub-clause (ii) and (iii) of sub para (a) of para 19.[1] of the Gazette Notification of Ministry of Social Justice & Empowerment dated 12th March, 2024. According to the learned ASG, the aforesaid steps would eventually cover cases upto 90% visual impairment as mentioned in the aforesaid Gazette Notification. It would be relevant to reproduce the relevant paragraphs of the Status Report hereunder:

criteria for nature of blindness for the purpose of granting concession was discussed in detail. It is further submitted that Indian Railways currently grants concession to only completely blind travellers along with their companions which is covered under para 19.[1] (a)(i) of Gazette Notification of Ministry of Social Justice and Empowerment dated 12.03.2024. the relevant part is reproduced herein as under: - Paras 19.[1] (a) (i), (ii), (iii) read as under:

19.1. Definition. -Visual impairment (a) "blindness" means a condition where a person has any of the following conditions, after best correction-

(i) Total absence of sight; or

(ii) Visual acuity less than 3/60 (or less than 10/200) by Snellen's chart in better eye with best possible corrections or

(iii) Limitation of field of vision subtending an angle of less than 10

3. That it is submitted that after discussion in the meeting and in agreement with learned Amicus Curiae, Indian Railways now assure Hon'ble Court that essential steps will be taken for relaxation in the condition of complete blindness by inclusion of two more conditions also as prescribed in para 19.1(a) (ii) & (iii) in the above mentioned Gazette Notification. Thus, these three paras 19.1(a)(i), (ii) & (iii) will eventually cover cases up to 90% visual impairment as mentioned in para 19.[3] of the said Gazette Notification. With this, Indian Railways will recognize the provisions as elaborated in Gazette Notification for classification of blindness as defined in para 19.1(a) and its certification under para 19. A copy of the said Gazette Notification dated 12.03.2024 is annexed herewith as Annexure R-1.”

8. This Court accepts the aforesaid statements contained in the Status Report and holds the respondent/Railways bound by the said statements. This Court directs the Railways to implement the decision/assurance in para 3 of the aforesaid Status Report within two weeks.