Will provide rail travel concessions for acid attack survivors: Centre to Supreme Court

The Central government told the Supreme Court on Thursday that it has agreed in principle to formulate a policy granting railway travel concessions to acid attack survivors, particularly to help them travel for medical treatment.

A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a plea by Atijeevan Society seeking railway concessions and reservation benefits for acid attack survivors.

CJI Kant pointed out that acid attack survivors are already recognised as persons with disabilities under the law. He noted that the issue could be addressed as part of a social welfare measure.

"Putting them in the disabled category, that has now been statutorily resolved, with the amendment through another petition before us," he said.

Additional Solicitor General Archana Pathak Dave submitted that the Centre is proposing to extend the concession under the existing “patient category”, rather than create a separate concession under the disability category.

Dave said the government has reservations about granting the benefit under the disability category as it could lead to demands from other categories of persons with disabilities for similar concessions.

However, she said the Centre was willing to provide the concession because acid attack survivors require travel for medical treatment.

The counsel for Atijeevan Society pointed out that the existing patient category could create difficulties for survivors who have to travel between different States for multiple surgeries.

"If I'm based, let's say, in Himachal Pradesh and I need to go to Chennai, I'll have to get that concession certificate from a doctor or hospital in Chennai. I might need multiple kinds of surgeries. I might need one for the eyes, I might need skin grafting which I have to go for separately to Bombay, for instance," argued the Counsel.

The counsel urged the Centre to consider providing the concession under the disability category, with appropriate modalities, so that survivors can travel between States for treatment.

Taking note of the submissions, CJI Kant suggested that the concession could instead be made available for a fixed period so that survivors could travel to different places for treatment during that period.

"Give it time-bound. I'm not saying that it will only be from station to station, but if it is given, say, for the initial first year, then wherever you are going in that first year for your treatment, that can be taken care of. These are modalities which can be taken care of," he said.

Dave, however, reiterated that the Centre's concern was that it could not provide a railway concession to one category of persons with disabilities while excluding others.

CJI Kant then suggested that the benefit could be framed as part of a social welfare scheme for acid attack survivors.

"Part of the social welfare scheme, then they are disabled," he said.

Dave agreed to work out the modalities in line with the Court's suggestions.

The counsel for Atijeevan Society also sought an emergency travel quota for acid attack survivors, pointing out that they may sometimes need to travel immediately depending on their treatment.

"The emergency quota would also be required because depending on the treatment, they need to travel immediately. If they don't get these treatments in time, then it becomes a failure. So that's another thing that may be required to be taken seriously," said the counsel.

CJI Kant agreed that such a provision should be included.

"That should be provided," he said.

Dave then sought time to finalise the conditions and modalities for the proposed concession.

The Court granted the Centre six weeks to formulate the policy.

The Centre also agreed to share the proposed policy with Atijeevan Society before filing it before the Court so that the organisation could offer suggestions.

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