Karnataka High Court Issues Notice In Plea Seeking Facilities For Senior Citizens & Persons With Disabilities At Konkan Railway Stations

A division bench of Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum issued the notice while hearing a petition filed by one George Fernandez. The plea is filed through Advocate R.G Kolle & Rajesh Bhat.

Appearing for the petitioner Kolle argued that,

"There are 6 Major Stations & 19 Minor Stations operational between Mangalore Junction & Karwar Station alongside Coastal Karnataka, spread over 3 Districts, namely (i) Dakshin Kannada (ii) Udupi and (iii) Uttar Kannada, catering to the travelling requirements of commuting general public." He added "The facilities provided at the KRCL Stations are far below comparable standards, when compared to the Indian Railways.

The plea claims that there is a lack of Foot over Bridges & Platform of the desired height, Lack of Boarding & DE Boarding facilities for Senior Citizen, Physically Challenged/Persons with Disability, Lack of basic amenities like sitting, lighting & shelter. However, KRCL has provided Foot Over Bridges at 6 Major Stations, but unfortunately not up to the standard requirements recommended by the Indian Railways.

Further, it is said,

"Physically Challenged & Persons with Disabilities, Senior Citizen and Sickly Persons are facing a lot of difficulties & untold misery while boarding & DE-boarding from Low Level Platforms, which usually halts for a minute or two. It becomes highly difficult for them to get down and reach a safe destination. They are forced to "CR" the Railway Line/Track, which is likely to endanger their lives. It is really a horrible experience during Night Time & Rainy Season four Months. It is almost driving them to enter the death trap at the hands of KRCL Stations."

The petition also states that "It is the mandatory duty of KRCL CMD to ensure that all KRCL Stations are provided with suitable "slope gradient, second platforms of scientific height fitted with guards & handles for smooth & safe movement of Physically Challenged Passenger & Persons with Disabilities in terms of the Guidelines laid down by Hon'ble Apex Court. As a matter of fact, such arrangements are not found in any of the KRCL Stations, except 6 Major Stations. When wheelchairs & other safeguard facilities are provided in all Indian Railway Bogies, why such facilities are not provided at KRCL Stations, is a question mark."

The plea prays for the issuance of a Writ of Mandamus or any other Order or Direction, directing Chairman & Managing Director of KRCL to forthwith provide "slope gradient scientific second platforms" fitted with chains & guards etc. in all KRCL Stations, facilitating hassle free movement for the benefit of "Physically Challenged & Persons with Disabilities and Senior Citizen & Sickly Persons" in terms of Section 41 of the Rights of the Persons with Disabilities Act, 2016 and also Apex Court‟s Guidelines. It also seeks directions to provide foot over Bridge & platforms of desired height, boarding & DE Boarding facilities with guard & chains, basic amenities like proper & decent sitting, lighting, sheltering/roofing arrangement on par with Indian Railway Stations.

The matter will be next heard on October 22.

Case Title: George Fernandez v. Union of India and Others

Case No: WP 15300/2021