Kerala HC junks PIL against state govt’s free bus travel scheme

Kochi: High court on Monday dismissed a PIL challenging the free travel scheme for all women and transgender persons in KSRTC buses under the Priyadarshini Scheme, implemented by the newly elected UDF-led state govt.A bench of Chief Justice Soumen Sen and Justice V M Syam Kumar dismissed the petition filed by Muhammed Firdouz of Ernakulam, observing that it is the duty of the state to extend benefits and provide concessions or privileges to those in need. HC held that welfare schemes such as free travel cannot be termed unconstitutional merely because they entail public expenditure or confer benefits on a particular class, so long as they operate within the constitutional framework, including Article 15(3).The petitioner alleged that the scheme was introduced solely on the ground of sex and without any prior study, policy formulation, or examination of its feasibility. In response, the advocate general submitted that the scheme had been implemented with the specific objective of enabling women to travel without restrictions, thereby fostering a more inclusive and participatory society. He argued that the scheme advances the goals embodied in the Directive Principles of State Policy (a set of core guidelines outlined in Part IV of the Indian Constitution) by promoting socio-economic development and ensuring access to a safe, affordable, and reliable mode of transport for women and transgender persons.

Accepting the state’s contention, HC observed that when a scheme is intended to give effect to the Directive Principles of State Policy enshrined in the Constitution, it is not for the judiciary to sit in judgment over the manner. The formulation, design, and execution of such schemes fall squarely within the state’s policy domain, and “courts have to stay at arm’s length from interfering in such policy decisions.

” Judicial review of a govt policy is warranted only when it is shown to be unconstitutional or contrary to statutory provisions, HC added.Rejecting the petitioner’s contention that the scheme discriminates on the basis of sex, HC observed that classification based on sex is permissible in law, provided it is founded on considerations beyond the mere fact that the beneficiaries belong to a particular sex.