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The Delhi High Court has directed the Indian Railways to take a time-bound policy decision on whether autism should be included as a disability category eligible for railway travel concessions.
The direction came while the court disposed of a petition filed by Master Naksh, represented through his father, challenging the exclusion of autism from the existing Railway Concession Rules. Appearing for the petitioner, advocates Ashok Agarwal, Kumar Utkarsh, Manoj Kumar and Ashna Khan argued that the non-inclusion of autism was arbitrary, discriminatory and violative of fundamental rights. They sought a declaration striking down the impugned rules to the extent they exclude autism and requested directions for reframing the rules to incorporate the condition. On behalf of the Union of India and the Railways, CGSC Nishant Gautam, assisted by Prithviraj Dey, Kavya Shukla and Srijita, sought additional time to file a reply. Justice Mini Pushkarna, however, observed that since the petitioner was seeking a change in policy, the ultimate decision lay with the Railways. She directed that the writ petition be treated as a representation, requiring the Railways to take a clear policy decision on including autism in its concession framework. The court ordered that this decision be taken "preferably within six months" and allowed the Railways to call the petitioner's authorised representative for a hearing if needed. The Railways has also been directed to communicate its final decision to the petitioner through the counsel's email, as recorded in the order. With these directions, the petition was disposed of. (ANI)
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