2nd RTI Application
R Pushpakumar ‘Sreerangam’
Pallippuram Post
Cherthala, Alappuzha
Kerala 688541
Dated: 29.10.2007
Shri Anand Prakash
Director (Road Transport)
M/o Shipping, RT & Highways,
D/o RT & Highways
Transport Bhavan
1, Parliament Street,
New Delhi 110 001
Sir,
Sub: Fresh application under Right to Information Act, 2005.
Ref: Letter No.RT-11016/5/2007-MVL Dated 19th October, 2007 from that office.
-------------
The following information may kindly be furnished as per the right to information act, 2005.
1. It is seen noted in the letter under reference that the public interest is above individual’s satisfaction. While dealing with the issue of alteration of vehicles for the use of the disabled, this comment is not matching the situation. The appeals for altering their vehicles are not for the satisfaction; instead it is a necessity for their mobility. Kindly inform whether the department has received any directions from any higher authorities to treat the matter as an individual’s satisfaction. Are there any file notes supporting the comment? Whether the department has conducted or entrusted any agencies to conduct any study on the working of the modified vehicles (Invalid Carriage) used by the disabled?
2. How many appeals/representations for permission to alter the vehicles of the disabled have been received in your ministry/department so far, after the amendment of the Section 52 of the Motor Vehicles Act, 1988, from the disabled persons or their representatives?
3. How many of the appeals/representations so received have been disposed/pending? If pending please mention the numbers and dates from which they are pending.
4. Whether any of the state governments or union territories has represented the issue of altering the vehicles for the use of the disabled? If yes, the copies of related file notes and communications with the governments of states and UTs may kindly be provided.
5. Kindly intimate whether any time limit has been decided to settle the issue relating to the alteration of vehicles for the use of the disabled? Also intimate whether the matter of the mobility of the disabled is being treated in the public interest to ensure mobility to them.
As required P.O. worth Rs. 10/- towards fees payable is enclosed herewith. The applied information / records may be kindly posted / couriered to me.
Yours faithfully,
(R Pushpakumar)
09495188232
Pallippuram Post
Cherthala, Alappuzha
Kerala 688541
Dated: 29.10.2007
Shri Anand Prakash
Director (Road Transport)
M/o Shipping, RT & Highways,
D/o RT & Highways
Transport Bhavan
1, Parliament Street,
New Delhi 110 001
Sir,
Sub: Fresh application under Right to Information Act, 2005.
Ref: Letter No.RT-11016/5/2007-MVL Dated 19th October, 2007 from that office.
-------------
The following information may kindly be furnished as per the right to information act, 2005.
1. It is seen noted in the letter under reference that the public interest is above individual’s satisfaction. While dealing with the issue of alteration of vehicles for the use of the disabled, this comment is not matching the situation. The appeals for altering their vehicles are not for the satisfaction; instead it is a necessity for their mobility. Kindly inform whether the department has received any directions from any higher authorities to treat the matter as an individual’s satisfaction. Are there any file notes supporting the comment? Whether the department has conducted or entrusted any agencies to conduct any study on the working of the modified vehicles (Invalid Carriage) used by the disabled?
2. How many appeals/representations for permission to alter the vehicles of the disabled have been received in your ministry/department so far, after the amendment of the Section 52 of the Motor Vehicles Act, 1988, from the disabled persons or their representatives?
3. How many of the appeals/representations so received have been disposed/pending? If pending please mention the numbers and dates from which they are pending.
4. Whether any of the state governments or union territories has represented the issue of altering the vehicles for the use of the disabled? If yes, the copies of related file notes and communications with the governments of states and UTs may kindly be provided.
5. Kindly intimate whether any time limit has been decided to settle the issue relating to the alteration of vehicles for the use of the disabled? Also intimate whether the matter of the mobility of the disabled is being treated in the public interest to ensure mobility to them.
As required P.O. worth Rs. 10/- towards fees payable is enclosed herewith. The applied information / records may be kindly posted / couriered to me.
Yours faithfully,
(R Pushpakumar)
09495188232
RTI Application to Under Secretary
REGD. WITH AD.
R Pushpakumar ‘Sreerangam’
Pallippuram Post
Cherthala, Alappuzha
Kerala 688541
Email: pusaan@gmail.com
Dated: 29th September, 2007
Shri K C Behera
Under Secretary
M/o Shipping, RT & Highways
D/o RT & Highways
Transport Bhavan
1, Parliament Street
New Delhi 110011
Sir,
Sub: Information sought under the Right to Information Act, 2005
Ref: Letter No .RT-11012/12/2001-MVL dt. 17 09 2007 of that office.
-----------------
At the outset I wish to express my thanks for your letter cited under reference. As I am a person left paralysed below waist, and I badly require to pursue the matter rigorously, I request you to kindly send the following information urgently.
1. The exact reason of imposing a ban on modified scooters to register as ‘Invalid Carriage’ from 11-8-2000 onwards.
2. The ground on which the Sec.52 of the Motor Vehicles Act, 1988 was modified to the extend of disallowing any modifications on any vehicle. Was this amendment intended to limit the mobility of the disabled riders in India?
3. Prior to 11-8-2000 several modified vehicles were registered as ‘invalid carriage’ and I myself have been using a modified Kinetic Honda scooter registered as ‘invalid carriage’ for the last twelve years. The working of the vehicle was entirely satisfactory to meet my needs of mobility. Then why at this juncture the department should seek the opinion of the technical agencies, instead of restoring the provisions available to the disabled riders prior to the said period 11-8-2000.
4. The details of any data / statistics available with Dept. / Govt. on Accidents, Traffic Offences & Vehicle Failure of such modified scooters registered as ‘invalid carriage’ prior to the said period 11-8-2000.
5. Which are all the technical and non technical agencies consulted so far by the department in order to provide relief to the disabled community. Copies of communication with such agencies my kindly be provided.
Contd…page.2/-
6. What are all the recommendations made by the Pune based Automotive Research Association of India under the consideration of the department? Whether any other agencies have made recommendations in this regard? Copies of communication in this regard with the Automotive Research Association of India and other agencies my kindly be provided.
7. The number and detailed list of applicants whose cases are pending before the department for the registration of ‘invalid carriage’. The names and addresses may also be provided.
8. If such a large number of cases are pending before the department, what are all the steps so far taken by the government to redress their grievances?
9. It may be noted that the major portion of the buses and trucks plying on the roads carrying several passengers are fabricated by the local workshops and approved by the RTOs without seeking any prototype approval by the said Pune based technical agency. What are all the guidelines issued to the RTOs in this regard?
10. In case of the ‘invalid carriage’, only a minor modification is carried out to the existing models, in order to suite the requirements of the disabled persons. In what cognizance the modification of such vehicles alone are brought under the purview of the Sec.52 of the Motor Vehicles Act, 1988 and requiring prototype testing?
11. Copies of communications with the Ministry of Health in this regard may be provided.
12. Whether the Ministry of Social Justice & Empowerment has been consulted in this regard? If so the copies of communication may be provided.
As required P.O. worth Rs. 10/- towards fees payable is enclosed herewith. The applied information / records may be kindly posted / couriered to me.
Sir, I would request you to kindly consider this case as the product of an erroneous modification of the law without taking sufficient precautions while modifying it. I am approaching you for regaining my mobility and not to participate in any motor race. I have to live like others in the society, without depending anyone unnecessarily.
And ultimately I am seeking my ‘breath’ – yes, this vehicle is my breath, life, bread and soul.
Thanking you in anticipation & apologizing for the inconvenience if any caused.
Yours faithfully,
(R Pushpakumar)
Encl: PO worth Rs.10/-
R Pushpakumar ‘Sreerangam’
Pallippuram Post
Cherthala, Alappuzha
Kerala 688541
Email: pusaan@gmail.com
Dated: 29th September, 2007
Shri K C Behera
Under Secretary
M/o Shipping, RT & Highways
D/o RT & Highways
Transport Bhavan
1, Parliament Street
New Delhi 110011
Sir,
Sub: Information sought under the Right to Information Act, 2005
Ref: Letter No .RT-11012/12/2001-MVL dt. 17 09 2007 of that office.
-----------------
At the outset I wish to express my thanks for your letter cited under reference. As I am a person left paralysed below waist, and I badly require to pursue the matter rigorously, I request you to kindly send the following information urgently.
1. The exact reason of imposing a ban on modified scooters to register as ‘Invalid Carriage’ from 11-8-2000 onwards.
2. The ground on which the Sec.52 of the Motor Vehicles Act, 1988 was modified to the extend of disallowing any modifications on any vehicle. Was this amendment intended to limit the mobility of the disabled riders in India?
3. Prior to 11-8-2000 several modified vehicles were registered as ‘invalid carriage’ and I myself have been using a modified Kinetic Honda scooter registered as ‘invalid carriage’ for the last twelve years. The working of the vehicle was entirely satisfactory to meet my needs of mobility. Then why at this juncture the department should seek the opinion of the technical agencies, instead of restoring the provisions available to the disabled riders prior to the said period 11-8-2000.
4. The details of any data / statistics available with Dept. / Govt. on Accidents, Traffic Offences & Vehicle Failure of such modified scooters registered as ‘invalid carriage’ prior to the said period 11-8-2000.
5. Which are all the technical and non technical agencies consulted so far by the department in order to provide relief to the disabled community. Copies of communication with such agencies my kindly be provided.
Contd…page.2/-
6. What are all the recommendations made by the Pune based Automotive Research Association of India under the consideration of the department? Whether any other agencies have made recommendations in this regard? Copies of communication in this regard with the Automotive Research Association of India and other agencies my kindly be provided.
7. The number and detailed list of applicants whose cases are pending before the department for the registration of ‘invalid carriage’. The names and addresses may also be provided.
8. If such a large number of cases are pending before the department, what are all the steps so far taken by the government to redress their grievances?
9. It may be noted that the major portion of the buses and trucks plying on the roads carrying several passengers are fabricated by the local workshops and approved by the RTOs without seeking any prototype approval by the said Pune based technical agency. What are all the guidelines issued to the RTOs in this regard?
10. In case of the ‘invalid carriage’, only a minor modification is carried out to the existing models, in order to suite the requirements of the disabled persons. In what cognizance the modification of such vehicles alone are brought under the purview of the Sec.52 of the Motor Vehicles Act, 1988 and requiring prototype testing?
11. Copies of communications with the Ministry of Health in this regard may be provided.
12. Whether the Ministry of Social Justice & Empowerment has been consulted in this regard? If so the copies of communication may be provided.
As required P.O. worth Rs. 10/- towards fees payable is enclosed herewith. The applied information / records may be kindly posted / couriered to me.
Sir, I would request you to kindly consider this case as the product of an erroneous modification of the law without taking sufficient precautions while modifying it. I am approaching you for regaining my mobility and not to participate in any motor race. I have to live like others in the society, without depending anyone unnecessarily.
And ultimately I am seeking my ‘breath’ – yes, this vehicle is my breath, life, bread and soul.
Thanking you in anticipation & apologizing for the inconvenience if any caused.
Yours faithfully,
(R Pushpakumar)
Encl: PO worth Rs.10/-
2nd Appeal to Prime Minister of India
R Pushpakumar ‘Sreerangam’
Pallippuram Post
Cherthala 688541
Alappuzha, Kerala
Email: pusaan@gmail.com
Dated : 03 October, 2007
Dr Shri Manmohan Singh
Hon’ble Prime Minister of India
South Block, New Delhi
Sir,
Sub: Registration of modified scooters as Invalid Carriage for the physically challenged.
Ref: PMO ID NO 09/3/2007-PMP-4/752030 dated 12 September, 2007.
-----------------
Thank you very much for the letter under reference. Now I am in receipt of a letter from the Ministry of Shipping, Road Transport & Highways dated 17 September, 2007 (COPY ENCLOSED)
I would like to bring to your kind notice that several modified vehicles registered as INVALID CARRIAGE are being used by the disabled and physically challenged persons for the last two decades. I myself was using a modified Kinetic Honda for the last twelve years safely and comfortably. Both the state and central govts do not have any adverse remarks on these types of vehicles like accident, vehicle failure, and traffic offences. But instead of providing facilities, the department is now trying to impose restrictions on these vehicles in the name of standerdisation. It is learned that the department is proposing a non viable procedure of Prototype Approval; etc instead of restoring practice prevalent prior to 2002 for registration which was effective, safe & simple.
It would be surprising to note the case of buses and trucks. As regards the buses and trucks only the engine and chassis are supplied by the manufacturer like Telco and Ashok Leyland etc. The remaining portion of these buses and trucks are being constructed and fabricated in the local workshops and approved by the authorities without seeking any prototype approval of agencies like the Automotive Research Association of India, Pune. Still the buses and trucks have adverse crime records of several accidents on day to day basis. But when it comes to the case of modified vehicles to register as Invalid Carriage, the authorities lift the flag of Sec.52 of Motor Vehicles Act, 1988 and prototype testing etc intended only to harass the disabled. It is a sheer case of discrimination to the helpless disabled persons like me.
Sir, yet another valid evidence I wish to produce before you is that Smt. Sonia Gandhi & M/S Rajiv Gandhi Foundation distributed such altered Kinetic scooters in coordination with Kinetic Motors Ltd. & local workshop/s recently.
The related press release and photos are available at the link address given below: http://www.kinetic2wheelers.com/mediacenter/pressreleases/press_rg_foundation.php
Though in general no alterations on any vehicles are allowed, the third Proviso to Sec.52 (1) of the Motor Vehicles Act, 1988 empowers the Central Government to grant exemption for alteration in motor vehicles for any specific purpose. As long as the amendment to Sec.52 in 2002 was not intended to curb the wings of the disabled persons, the Department of Transport may kindly be advised to immediately restore the practice prevalent prior to 2002 for registration of modified vehicles as Invalid Carriage for the benefit of the disabled.
Thanking you in anticipation.
Yours faithfully,
Encl: as above.
(R Pushpakumar)
Copy to Shri M S S Nair, Under Secretary, Prime Minister’s Office, Rail Bhavan,
New Delhi, with reference to letter no. PMO ID NO 09/3/2007-PMP-4/752030
Dated 12 September, 2007, with a request to kindly help me to resolve the issue at the earliest.
(R Pushpakumar)
Copy to Dr Shri Sanjay Baru, Information Advisor to the Prime Minister, Prime Minister's Office, South Block, New Delhi in continuation to my letter dated 29 August, 2007 along with a copy of press cutting appeared on the Pioneer daily dated 23 September, 2007 regarding my issue. Sir, considering the long stalemate, some urgent measures may kindly be got initiated so as to enable me to use my new vehicle at the earliest.
(R Pushpakumar)
Pallippuram Post
Cherthala 688541
Alappuzha, Kerala
Email: pusaan@gmail.com
Dated : 03 October, 2007
Dr Shri Manmohan Singh
Hon’ble Prime Minister of India
South Block, New Delhi
Sir,
Sub: Registration of modified scooters as Invalid Carriage for the physically challenged.
Ref: PMO ID NO 09/3/2007-PMP-4/752030 dated 12 September, 2007.
-----------------
Thank you very much for the letter under reference. Now I am in receipt of a letter from the Ministry of Shipping, Road Transport & Highways dated 17 September, 2007 (COPY ENCLOSED)
I would like to bring to your kind notice that several modified vehicles registered as INVALID CARRIAGE are being used by the disabled and physically challenged persons for the last two decades. I myself was using a modified Kinetic Honda for the last twelve years safely and comfortably. Both the state and central govts do not have any adverse remarks on these types of vehicles like accident, vehicle failure, and traffic offences. But instead of providing facilities, the department is now trying to impose restrictions on these vehicles in the name of standerdisation. It is learned that the department is proposing a non viable procedure of Prototype Approval; etc instead of restoring practice prevalent prior to 2002 for registration which was effective, safe & simple.
It would be surprising to note the case of buses and trucks. As regards the buses and trucks only the engine and chassis are supplied by the manufacturer like Telco and Ashok Leyland etc. The remaining portion of these buses and trucks are being constructed and fabricated in the local workshops and approved by the authorities without seeking any prototype approval of agencies like the Automotive Research Association of India, Pune. Still the buses and trucks have adverse crime records of several accidents on day to day basis. But when it comes to the case of modified vehicles to register as Invalid Carriage, the authorities lift the flag of Sec.52 of Motor Vehicles Act, 1988 and prototype testing etc intended only to harass the disabled. It is a sheer case of discrimination to the helpless disabled persons like me.
Sir, yet another valid evidence I wish to produce before you is that Smt. Sonia Gandhi & M/S Rajiv Gandhi Foundation distributed such altered Kinetic scooters in coordination with Kinetic Motors Ltd. & local workshop/s recently.
The related press release and photos are available at the link address given below: http://www.kinetic2wheelers.com/mediacenter/pressreleases/press_rg_foundation.php
Though in general no alterations on any vehicles are allowed, the third Proviso to Sec.52 (1) of the Motor Vehicles Act, 1988 empowers the Central Government to grant exemption for alteration in motor vehicles for any specific purpose. As long as the amendment to Sec.52 in 2002 was not intended to curb the wings of the disabled persons, the Department of Transport may kindly be advised to immediately restore the practice prevalent prior to 2002 for registration of modified vehicles as Invalid Carriage for the benefit of the disabled.
Thanking you in anticipation.
Yours faithfully,
Encl: as above.
(R Pushpakumar)
Copy to Shri M S S Nair, Under Secretary, Prime Minister’s Office, Rail Bhavan,
New Delhi, with reference to letter no. PMO ID NO 09/3/2007-PMP-4/752030
Dated 12 September, 2007, with a request to kindly help me to resolve the issue at the earliest.
(R Pushpakumar)
Copy to Dr Shri Sanjay Baru, Information Advisor to the Prime Minister, Prime Minister's Office, South Block, New Delhi in continuation to my letter dated 29 August, 2007 along with a copy of press cutting appeared on the Pioneer daily dated 23 September, 2007 regarding my issue. Sir, considering the long stalemate, some urgent measures may kindly be got initiated so as to enable me to use my new vehicle at the earliest.
(R Pushpakumar)
Appeal to the Prime Minister of India
From
R Pushpakumar
'Sreerangam'
Pallippuram Post 688541
Cherthala, Alappuzha
Kerala, India
Email: pusaan@gmail.com
To
Dr Shri Manmohan Singh
Honorable Prime Minister of India
New Delhi
My Dear Prime Minister,
I am praying for mobility,
I am praying for breath,
I am praying for life.
Yours sincerely,
(R Pushpakumar)
29th August 2007
R Pushpakumar
'Sreerangam'
Pallippuram Post 688541
Cherthala, Alappuzha
Kerala, India
Email: pusaan@gmail.com
To
Dr Shri Manmohan Singh
Honorable Prime Minister of India
New Delhi
My Dear Prime Minister,
I am a person left paralyzed below waist due to post polio paralysis in the earlier childhood. I can not walk or even stand up. I am from Kerala, working in the accounts division of Kerala State Electricity Board. My office situates five kms away from my home. As I require some special means of transportation, I had been using a scooter (Kinetic Honda) attached with two additional wheels. I drive the vehicle myself comfortably for the last twelve years. My vehicle was registered as ‘Invalid Carriage’ and I was given a driving license denoting my vehicle No on it. As per the license, I can not drive any other vehicle.
As a result of twelve year long riding, my vehicle began to give me troubles due to wear and tear. I have therefore bought a new scooter (Honda Activa) and got attached side wheels similar to that of my old vehicle. The Joint RTO, Cherthala (the Road Transport Officer concerned), when approached for the registration of my new vehicle on 05.07.2007, has denied registration quoting some amendments in Central Motor Vehicles Act in 2002. The amendment disallows me from modifying a vehicle from its original shape and design and I am not getting my new vehicle registered as ‘Invalid Carriage’. But I have no mode of transport other than this vehicle. Further no automobile manufacturers in India supply company-fitted scooter with side wheels or produces an invalid carriage. Contrary to my request, the new vehicle is given registration as ‘Motor Cycle without Gear’. If I drive this vehicle it would be illegal and I will not get any insurance claims. All my attempts to get the vehicle registered as Invalid Carriage are in vain
Sir, my new vehicle is showcased and I am forced to use my twelve year old vehicle which is not in good condition and requiring frequent repairing. While India celebrates 60th year of freedom, I am loosing it.
I would therefore request your good self to issue urgent directions to get my new vehicle registered as Invalid Carriage.
As a result of twelve year long riding, my vehicle began to give me troubles due to wear and tear. I have therefore bought a new scooter (Honda Activa) and got attached side wheels similar to that of my old vehicle. The Joint RTO, Cherthala (the Road Transport Officer concerned), when approached for the registration of my new vehicle on 05.07.2007, has denied registration quoting some amendments in Central Motor Vehicles Act in 2002. The amendment disallows me from modifying a vehicle from its original shape and design and I am not getting my new vehicle registered as ‘Invalid Carriage’. But I have no mode of transport other than this vehicle. Further no automobile manufacturers in India supply company-fitted scooter with side wheels or produces an invalid carriage. Contrary to my request, the new vehicle is given registration as ‘Motor Cycle without Gear’. If I drive this vehicle it would be illegal and I will not get any insurance claims. All my attempts to get the vehicle registered as Invalid Carriage are in vain
Sir, my new vehicle is showcased and I am forced to use my twelve year old vehicle which is not in good condition and requiring frequent repairing. While India celebrates 60th year of freedom, I am loosing it.
I would therefore request your good self to issue urgent directions to get my new vehicle registered as Invalid Carriage.
I am praying for mobility,
I am praying for breath,
I am praying for life.
Yours sincerely,
(R Pushpakumar)
29th August 2007
Pushpakumar's Driving Licence
DISABILITY DISCRIMINATION IN INDIA
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