The Kerala High Court on Monday refused to interfere with the state government’s Priyadarshini Scheme, which grants free travel in ordinary KSRTC buses to all women and transgender persons.
The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM dismissed a public interest litigation (PIL) filed by Muhammed Firdouz challenging the validity of the scheme.
The petitioner argued that the scheme was arbitrary, discriminatory and violative of Articles 14 and 15 of the Constitution. He contended that the benefit had been extended universally without prescribing any income limit, residential qualification or identifying any specific disadvantaged category that required such assistance.
According to the plea, the scheme would place a massive financial burden on the State exchequer, costing nearly Rs 2 crore every day and approximately Rs 800 crore annually. The petitioner further pointed out that the Government Order introducing the scheme itself acknowledged the financial implications by proposing a dedicated cash-transfer mechanism and directing the Kerala State Road Transport Corporation (KSRTC) to explore alternative non-fare revenue sources.
The PIL argued that KSRTC was already dependent on substantial financial assistance from the State and that the additional expenditure lacked any demonstrated social, operational or constitutional necessity.
Firdouz also contended that Article 15(3) of the Constitution, which permits special provisions for women and children, could not be used to justify a blanket subsidy for all women irrespective of their financial or social status.
The petitioner further alleged that the scheme was politically motivated, pointing out that it was approved during the very first Cabinet meeting of the newly elected United Democratic Front (UDF) government led by Chief Minister VD Satheesan. He argued that no policy study, financial assessment or public consultation preceded the decision.
The state government, however, defended the initiative, stating that similar free-travel schemes for women are already operational in several other States and that gender-based affirmative action has received judicial recognition from the Supreme Court.
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