NHRC issues notice to Railway Board on ‘policy’ that made ‘changes’ in quota structure

The National Human Rights Commission (NHRC) has issued a notice to the Railway Board chairman after receiving a complaint, alleging that in 2010 a “policy” was introduced in IRCTC under which “changes” were made in the reservation category structure related to catering and service tenders, which “violated” the principles of equality and non-discrimination enshrined in the Constitution, according to the proceedings of the case.

The complainant, Vinay Joshi from Maharashtra, has urged the human rights body to “issue necessary directions” to the authorities, and to have such a policy, “abolished” urgently, it says.

The proceedings of the case is dated January 5.

A Bench of the NHRC headed by its member Priyank Kanoongo has taken cognisance under Section 12 of the Protection of Human Rights Act, 1993, and also issued directions to have the allegations levelled in the complaint inquired into, and asked railway authorities to submit an action taken report within two weeks, it says.

There was no immediate reaction from the Railway Ministry.

The complainant alleged that in 2010, “a tender policy was introduced in Indian Railway Catering and Tourism Corporation (IRCTC) by the then Railway Minister Mamata Banerjee under which changes were made in the reservation structure of catering and service tenders”, reads the proceedings.

‘Quota benefit for Muslims’

He alleged that “under the name of minority preference, the statutory reservation meant for SC/ST/OBC categories was reduced and a separate reservation benefit was extended to the Muslim community, which is not provided for under the Constitution of India,” it adds.

The complainant further charged that “this policy violated the principles of equality and non-discrimination enshrined in the Constitution of India and adversely affected the rights of the suppressed citizens of SC/ST/OBC categories by denying them equal opportunity in the tender allocation process”.

‘Against Constitutional norms’

After seeking intervention of the Commission, Mr. Joshi requested action against such allegedly “politically motivated reservations for the Muslim community, which is against the Constitutional norms”, and urged the NHRC to “issue necessary directions against the officer concerned and abolish such a policy urgently”, reads the proceedings of the case.

The allegations made in the complaint prima facie seem to be “violations of the human rights of the victims”, the NHRC said.

The NHRC Bench has taken cognisance of it, it said, adding, that the “registry is directed to issue a notice to the Chairman, Railway Board, New Delhi, with directions, to get the allegations made in the complaint inquired into, and to submit an action taken report within two weeks for perusal of the Commission”.