The Kerala High Court Priyadarshini Scheme received judicial approval on Monday when the Court dismissed a Public Interest Litigation (PIL) challenging its validity. The scheme offers free travel to women and transgender persons on ordinary buses operated by the Kerala State Road Transport Corporation (KSRTC). A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. found no illegality, arbitrariness, or violation of statutory provisions in the Government Order that introduced the scheme. The detailed judgment is awaited.
Challenge to the Scheme
The petitioner challenged the constitutional validity of the welfare scheme, arguing that it violated the equality guarantees under Articles 14 and 15 of the Constitution.
According to the petitioner, the scheme grants free travel to all women regardless of their financial status. As a result, wealthy women can avail the benefit while economically weaker male passengers must continue paying fares. The petitioner argued that this classification amounts to discrimination and violates constitutional principles.
The petitioner also contended that Article 15(3) does not justify a blanket subsidy. He argued that the State failed to identify any specific social disadvantage or welfare objective that required such preferential treatment.
State Defends Welfare Measure
The State Government defended the scheme as a welfare initiative designed to improve mobility and empower women. It informed the Court that several States across India operate similar free public transport schemes for women.
The State further argued that courts, including the Supreme Court, have consistently recognised gender-based affirmative action. Therefore, the Government maintained that the scheme falls within the constitutional framework that permits special provisions for women.
High Court Rejects the Challenge
While delivering the verdict, the Division Bench observed:
“There is nothing before us that Exhibit P1 G.O is contrary to the statutory norms or is perverse or illegal. Hence the litigation fails and it is dismissed.”
The Court found no material to show that the Government Order violated any law or statutory requirement. Consequently, it dismissed the PIL challenging the Kerala High Court Priyadarshini Scheme. The Court is expected to provide detailed reasons once it releases the full judgment.
