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Bombay HC: Be sensitive to the differently-abled

The court was hearing a public interest litigation (PIL) filed by India Centre for Human Rights, an NGO, in 2007, seeking easy access for differently-abled persons to the railway platforms in the city.

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Asking the Railways to be sensitive towards the needs of the differently-abled, the Bombay high court on Monday asked the body to address two primary issues immediately - disabled-friendly toilets and ticket windows of a lower level to make it accessible for a wheelchair-bound person.

The court was hearing a public interest litigation (PIL) filed by India Centre for Human Rights, an NGO, in 2007, seeking easy access for differently-abled persons to the railway platforms in the city.
A division bench of chief justices Mohit Shah and Roshan Dalvi has asked the court-appointed committee to devise a plan for implementing the 1998 government resolution which recommends establishing of disabled-friendly toilets and lower level ticket window at all city stations.

In October 2011, the HC had appointed a committee - one from the petitioner NGO, an officer from the accounts department, one engineer and three officers each from the Western and Central Railways - to come up with solutions for problems faced by the differently-abled.

“Without telling you (Railways), your officers should address the issues. You know your own recommendation since 1998. Why should someone else point it out to you?” asked chief justice.
The 1998 GR was pointed out by Kranti LC, advocate for the NGO, saying that the Railways have not been taking the initiative for making the platforms disabled-friendly.

Kranti pointed out that some of their NGO’s members had taken a survey of 104 stations. “Only 3% of toilets are accessible to the disabled,” he said. He further pointed out that in their July 2011 affidavit, they had suggested that slopes for access to platforms were too steep at several stations and this had not been rectified.

Beni Chatterji and Suresh Kumar - counsels for the Western railways - said that the NGO should point out the deficiencies to them and they would then take necessary actions. To this, chief justice frowned and said, “Why should anyone point out deficiencies? That’s why we have constituted the committee. What have you been doing?”

Chatterji assured the court that this time they would definitely look into their grievances. The chief justice suggested that Chatterji remain present in the next committee meeting.

Directing the railways to give priorities to the issues of toilets and lower ticket windows, the court has asked the railways to submit an Action Taken Report on the next date of hearing on March 1.

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