TO THE SUPREME COURT OF INDIA
PUBLIC INTEREST LITIGATION (PIL) UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA
IN THE MATTER OF:
[Name of the Petitioner] Aman Azad /Founder ; News4Deaf
VERSUS
Union of India, through the Secretary, Ministry of Social Justice & Empowerment, New Delhi
State Governments and Union Territories, through their respective Chief Secretaries
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA SEEKING ENHANCEMENT OF DISABILITY PENSION AND FREE TRAVEL FOR DISABLED PERSONS WITH AN ATTENDANT
TO,
THE HONOURABLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED
MOST RESPECTFULLY
1. INTRODUCTION
1.1 : That the present Public Interest Litigation (PIL) is being filed under Article 32 of the Constitution of India in the interest of persons with disabilities (PwDs) to seek the Hon’ble Court’s urgent intervention for:
a) Enhancement of disability pension across India to at least ₹3,500 per month (as provided by Goa), ensuring financial dignity for PwDs.
b) Removal of the age limit (current 18 to 79 years eligibility for receiving pension) so that the pension is granted from birth until death to disabled person.
c) Mandatory provision of free travel for PwDs across India in government buses and trains along with one attendant, to ensure their mobility, access to healthcare, education, and employment opportunities.
2. FACTUAL BACKGROUND
2.1: The central government under the Indira Gandhi National Disability Pension Scheme (IGNDPS) currently provides a meager pension of 300 Rupees per month for PwDs aged 18-79 years, with an increase to 500 Rupees for those aged 80 and above. Several states provide disability pensions, but the amounts vary drastically, with some states offering as little as 300 Rupees per month.
2.2 : The Goa government provides 3,500 Rupees per month to persons with 90% or more disability, setting a fair and humane standard. However, the rest of the country has failed to match this. The low pension in most states is insufficient for even basic survival needs such as food, medicine, and assistive care.
2.3: The age limit of 18 to 79 years for receiving pension from government is arbitrary and unjustified. Disabilities do not emerge only after 18 years of age and many are congenital, and affected children require financial assistance from birth. Similarly disability does not cease to exist at 79 years and PwDs require financial aid until death.
2.4: Comparative Disadvantage: The government has recognized the financial vulnerability of several sections of society, providing pensions and free travel to farmers, women, and other groups. However, PwDs, who often face greater financial hardships, are left with inadequate assistance.
3. LEGAL GROUNDS
3.1 : Violation of Fundamental Rights under the Constitution:
– Article 14 (Right to Equality): The arbitrary limitation of pension age and the low financial aid violate the right to equality of PwDs vis a vis other beneficiaries of government schemes such as women and farmers now getting higher pension than disabled persons.
Article 21 (Right to Life & Dignity): An inadequate pension threatens the right to live with dignity. Without sufficient financial aid, PwDs are deprived of food, medical care, and basic human necessities.
Article 41 (Directive Principle of State Policy – Right to Public Assistance): The government is constitutionally obligated to provide adequate public assistance in cases of disability.
3.2: Judicial Precedents Favoring PwDs:
Justice Sunanda Bhandare Foundation v. Union of India (2017) – The Supreme Court emphasized the need for reasonable accommodation and economic security for PwDs.
National Federation of Blind v. Union of India (2013) – The Apex Court ruled that state support is essential for ensuring equal opportunities for PwDs.
Union of India v. Devika Biswas (2016) – The Supreme Court emphasized the government’s duty to promote social justice and provide special protection to vulnerable groups.
3.3: International Obligations – UN Convention on the Rights of Persons with Disabilities (UNCRPD): India is a signatory to the UNCRPD, which mandates financial and social support for PwDs to ensure their inclusion and dignity in society.
The current pension system fails to meet these international commitments.
4. PRAYERS
In light of the above, the Petitioner humbly prays that this Honourable Court may be pleased to:
a) Direct the Union of India and all State Governments to uniformly increase the disability pension to a minimum of 3,500 Rupees per month (equivalent to Goa’s standard).
b) Direct the Respondents to remove the age restrictions of 18-79 years and extend disability pension benefits from birth until death.
c) Direct the Union and State Governments to provide free travel to PwDs in government buses and trains across India, with an attendant accompanying them for free.
d) Issue appropriate directions to ensure that disability pension amounts are regularly revised and adjusted for inflation.
e) Pass any other orders that this Honourable Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE PETITIONER SHALL AS IN DUTY BOUND EVER PRAY.
Name of the Petitioner
Aman Azad
