The Court declined to issue binding directions mandating specific accessibility provisions for disabled persons in local trains due to operational constraints during peak hours, urging the Railways to voluntarily explore assistance measures instead.
None granted; proceedings disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
V.S. Sherla
pil.27.2007 N PIL.6.2014_920n920.1.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J.
PUBLIC INTEREST LITIGATION NO.27 OF 2007
India Centre for Human Rights and Law & … Petitioners Others
Vs The Union of India, through … Respondents The Ministry of Railways, New Delhi & Others
WITH
SUO MOTO PUBLIC INTEREST LITIGATION NO.6 OF 2014
HIGH COURT ON ITS OWN MOTION … Petitioner
Vs Union of India through Secretary, Ministry of Railways & … Respondents Others
Ms.Meenaz Kakalia i/b Mr.Mihir Desai, Senior Advocate for the Petitioners in PIL/27/2007
Mr.L.T. Satelkar, AGP, for Respondent – State in PIL/6/2014
Mr.Suresh Kumar with Ms.Priyanka Tiwari for Respondent Nos.1, 2, 3 in PIL/27/2007 and for Respondent Nos.1 to 6 in PIL/6/2014
Mr.R.J. Mane i/b Mr.B.B. Sharma for Respondent No.4 in PIL/27/2007
Mr.D.I. Waghmare,. Law Officer, Western Railway, Mumbai – present
Mr.Abhay Sanap, Divisional Commercial Manager, Mumbai – present
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pil.27.2007 N PIL.6.2014_920n920.1.doc
CORAM: S.C. DHARMADHIKARI & R.I. CHAGLA, JJ.
DATED: JANUARY 10, 2020
Act, 2016 and its predecessor law, should have a safe and comfortable journey or, at least, get an opportunity to board the local trains.
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pil.27.2007 N PIL.6.2014_920n920.1.doc
and purpose of the enactment, but surely after this enactment has been brought into effect, the Court will be expecting, from the railways, an initiative to assist the persons with disabilities and particularly in upholding their rights.
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pil.27.2007 N PIL.6.2014_920n920.1.doc
any directions, which are sought by the PIL petitioners can be issued, for that may amount to interfering with the effective, smooth and expeditious movement of local trains especially during peak hours. However, the railways can surely explore the possibility of encouraging the persons with disabilities to undertake journey by local trains from the Terminus till its final destination, say, for example, from Churchgate/Chhatrapati Shivaji Maharaj Terminus to Borivali / Virar / Thane / Kalyan / Ambernath. If they have to undertake a long journey by local train from destination to destination, the assistance that is required for them to board the local train, when it is stationary, is also expected and presently the railways have not explored that possibility fully. We would expect the railways to explore that possibility by making suitable arrangements. It has been stated that local trains have to complete the stated and pre-decided journey from destination to destination so that the huge load of passengers from the distant suburbs to the Mumbai city for work can reach Mumbai South or Southern Mumbai in time. Similarly, in the evenings after office hours, these trains have to carry passengers to the stations near to
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pil.27.2007 N PIL.6.2014_920n920.1.doc
their homes. On such occasions, the load may be too heavy but surely from destination to destination arrangements can be made so that the persons with disabilities can board these trains and get off from the same. Mr.Suresh Kumar says that the railways will explore the possibility of placing alarms or other suitable measures so that whatever assistance such passengers require, can be provided. Even the help desk at the main stations can be activated so that the basic facilities and amenities for such passengers are in place, including the assistance. To our mind, even if a beginning is made, then, the persons with disabilities and particularly awaiting rehabilitation in the true sense of the term would be assisted.
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pil.27.2007 N PIL.6.2014_920n920.1.doc
the Department of Civil Aviation and the Airport operators. The railways will have to make, if not anything, a small beginning so that we can see more facilities provided for persons with disabilities apart from a very small bogie or a portion of a large compartment with independent access. It may be that these compartments are full to their capacity but that does not mean that they cater to all the disabled persons or persons with physical disabilities. It is only when the railways take the initiative that these persons will muster the necessary courage, strength and gain confidence to board a train and undertake the journey comfortably to their place of work.
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(R.I. CHAGLA, J.)
(S.C. DHARMADHIKARI, J.)
Digitally signed by Vishwanath Vishwanath S. Sherla S. Sherla Date: 2020.01.15 11:13:06 +0530
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1 issue framed by the court
Whether the Court can issue binding directions to the Railways to make specific accessibility provisions for disabled persons in local trains during peak hours.
India Centre for Human Rights and Law
Union of India
Ministry of Railways
HIGH COURT
Secretary, Ministry of Railways
S.C. Dharmadhikari
R.I. Chagla
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
