The Kerala High Court on Thursday, while considering a Public Interest Litigation challenging the free travel scheme for women and transgender persons in KSRTC buses, orally observed that the beneficiaries of the scheme are primarily from the working class. The court noted that merely because about 10% of them may have better incomes, it cannot be concluded that the policy deserves to be invalidated.
Court's Observation
A bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar made these remarks while reserving orders on the PIL filed by Muhammed Firdouz of Ernakulam, who claims to be a frequent KSRTC bus traveler. The petitioner argued that the scheme is arbitrary, discriminatory, and violates Articles 14 and 15 of the Constitution.
Petitioner's Arguments
During the hearing, the petitioner contended that the scheme was introduced without any prior study, policy formulation, or examination of its feasibility by a ministerial committee. He further argued that no eligibility criteria were prescribed. The petitioner claimed that the scheme was not the result of a considered policy decision but was merely a pre-written electoral promise mechanically converted into a government order, with the state machinery being pressed into service even before the government was properly constituted.
State Government's Defense
Opposing the PIL, Advocate General K Jaju Babu, appearing for the state government, argued that the free travel scheme for women and transgender persons was introduced in furtherance of the welfare state's obligation to adopt affirmative action measures and formulate specific policies for the empowerment of women. He submitted that it is a uniform policy adopted by at least eight states across the country, including Karnataka, Delhi, Tamil Nadu, Punjab, Telangana, and West Bengal.
The Advocate General also relied on a 1952 Bombay High Court judgment in the Dattatreya case, which upheld the constitutional validity of reserving seats for women in municipal elections. The judgment held that although discrimination solely on the ground of sex is generally prohibited, protective discrimination in favor of women is constitutionally permissible to ensure equal representation and address systemic disparities. He further referred to a 2020 decision of the Delhi High Court in the STA Operators Ekta Manch case, in which a plea by private bus operators challenging the Delhi government's scheme permitting free travel for women in public buses was dismissed.
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