Relevant for Exams
SC seeks govt reply on plea for train quota, fare concession for acid attack survivors.
Summary
The Supreme Court of India has sought a response from the Union Government regarding a plea for reservation and concessional train fares for acid attack survivors. This initiative addresses the critical need for air-conditioned travel for survivors, necessitated by their burn injuries and post-surgery itching. The move highlights judicial intervention in social welfare, aiming to ensure accessibility and affordability of essential services for a vulnerable section of society, making it relevant for social justice and governance topics in exams.
Key Points
- 1The Supreme Court of India has sought a response from the Union Government.
- 2The plea requests a quota (reservation) and concessional fare for train travel.
- 3The beneficiaries of the plea are acid attack survivors.
- 4Survivors often require travel in air-conditioned train coaches due to burn injuries.
- 5The need for AC travel is also attributed to persistent itching, especially after undergoing surgery.
In-Depth Analysis
The Supreme Court of India's recent action in seeking a response from the Union Government on a plea for reservation and concessional train fares for acid attack survivors marks a significant step towards ensuring social justice and inclusion for one of the most vulnerable sections of Indian society. This development brings to the forefront the challenges faced by survivors and the potential role of judicial intervention in addressing gaps in welfare provisions.
**Background Context and the Plight of Survivors:**
Acid attacks are heinous crimes that inflict devastating physical, psychological, and socio-economic trauma on victims, predominantly women. The survivors often endure severe burn injuries, disfigurement, loss of vision, and permanent disabilities. Beyond the immediate physical pain, they face immense psychological distress, social ostracization, and difficulty in reintegration into society and the workforce. The plea specifically highlights a crucial and often overlooked aspect of their suffering: the persistent itching and discomfort, especially after undergoing multiple reconstructive surgeries. This necessitates travel in air-conditioned coaches for hygiene, comfort, and to prevent infections, making ordinary travel extremely difficult and painful. Many survivors come from economically weaker sections, and the cost of AC travel can be prohibitive, further limiting their mobility and access to specialized medical care or rehabilitation centers often located in larger cities. While the Indian Penal Code (IPC) was amended post-Nirbhaya case in 2013 to include Sections 326A and 326B, specifically criminalizing acid attacks and prescribing stringent punishment, and the Supreme Court in cases like *Laxmi v. Union of India (2013)* mandated victim compensation and free treatment, the practical challenges of daily life, including affordable and comfortable travel, often remain unaddressed.
**What Happened and Key Stakeholders:**
In this instance, the Supreme Court of India has taken cognizance of a Public Interest Litigation (PIL) or a similar plea, directing the Union Government to provide its stance on the demands for a quota (reservation) and concessional fares for acid attack survivors for train travel. The **Supreme Court** acts as the custodian of fundamental rights and the interpreter of the Constitution, often stepping in through judicial review or activism to ensure justice for marginalized groups. The **Union Government**, specifically the Ministry of Railways and potentially the Ministry of Social Justice and Empowerment, is the primary respondent. Their response will dictate the future course of action, involving policy formulation, financial implications, and implementation. **Acid attack survivors** are the direct beneficiaries and the core reason for this plea. Various **NGOs and civil society organizations** working for the rehabilitation and rights of acid attack survivors are often the petitioners or crucial advocates in such legal battles, providing data, testimonials, and legal aid.
**Significance for India and Constitutional Underpinnings:**
This move holds immense significance for India's commitment to social justice and the welfare of its citizens. It is a practical application of the constitutional mandate for equality and dignity. **Article 14** (Equality before law), **Article 21** (Protection of life and personal liberty, interpreted to include the right to live with dignity), **Article 38** (State to secure a social order for the promotion of welfare of the people), **Article 41** (Right to public assistance in certain cases), and **Article 46** (Promotion of educational and economic interests of weaker sections) are directly relevant. By seeking special provisions, the Court is nudging the state towards fulfilling its directive principles by making public services accessible to a group facing extreme hardship. It underscores India's identity as a welfare state, where the government has a responsibility to protect and empower vulnerable sections. While the Rights of Persons with Disabilities (RPwD) Act, 2016, provides for concessions and reservations for persons with disabilities, acid attack survivors are not explicitly listed, though severe disfigurement and limited mobility can often bring them under its ambit. This plea could either lead to explicit recognition or the extension of similar welfare provisions, reinforcing the spirit of the RPwD Act.
**Future Implications:**
If the Union Government responds positively, it could lead to the formulation of specific railway policies granting concessions and potentially a reservation quota for acid attack survivors. This would significantly ease their financial burden and physical discomfort during travel, facilitating better access to healthcare, education, and employment opportunities, thereby promoting their social and economic inclusion. This decision could also set a precedent for other forms of support or for other victim groups who suffer from severe trauma and require specialized assistance. It reinforces the role of judicial activism in prompting executive action to uphold fundamental rights and ensure inclusive governance. The outcome will be closely watched, as it will reflect the government's responsiveness to the needs of its most vulnerable citizens and could inspire similar policy interventions in other sectors or for other marginalized communities.
Exam Tips
This topic falls under GS Paper II (Polity & Governance, Social Justice) and GS Paper I (Indian Society). Focus on the role of the judiciary, government policies for vulnerable sections, and constitutional provisions.
Study related topics like the Rights of Persons with Disabilities (RPwD) Act, 2016, victim compensation schemes (e.g., under CrPC Section 357A), judicial activism, and the evolution of laws against gender-based violence (specifically acid attacks).
Expect questions on the constitutional basis for such welfare measures (Articles 14, 21, Directive Principles), the challenges faced by vulnerable groups, the role of the Supreme Court in social justice, and potential policy recommendations. Be prepared to analyze the pros and cons of such reservations/concessions.
Understand the difference between fundamental rights and directive principles, and how the judiciary often bridges the gap between them to ensure social justice. Connect the specific issue to broader themes of inclusion, equality, and state responsibility.
Practice essay questions on 'Judicial Activism and Social Justice in India' or 'Challenges and Solutions for the Rehabilitation of Acid Attack Survivors', integrating specific facts and legal provisions.
Related Topics to Study
Full Article
Due to the nature of their burn injuries, persistent itching, especially after undergoing surgery, acid attack survivors often need to travel by train in air-conditioned coaches.
