Kerala HC rejects PIL challenging free KSRTC travel for women, trans persons

The Kerala High Court on Monday dismissed a Public Interest Litigation (PIL) challenging the constitutional validity of the State government's recently launched "Priyadarshini Scheme," which provides free travel for women and transgender persons on ordinary Kerala State Road Transport Corporation (KSRTC) buses.

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M delivered the judgment. "There is nothing before us to show that Exhibit P1 Government Order is contrary to statutory norms or is perverse or illegal. Hence, the litigation fails and is dismissed," the Court observed.

The petitioner contended that the scheme violates the constitutional guarantees of equality and non-discrimination under Articles 14 and 15, arguing that it extends free travel benefits to all women regardless of their financial status while economically disadvantaged men continue to pay fares.

It was further argued that Article 15(3), which empowers the State to make special provisions for women and children, cannot be invoked to justify a universal subsidy without demonstrating a specific disadvantage or welfare need.

The State defended the scheme, pointing out that similar initiatives are being implemented in several other states and asserting that gender-based affirmative action has consistently received judicial backing from the Supreme Court.

During the previous hearing, the High Court had asked whether the inclusion of a few affluent beneficiaries could sink the entire scheme.

(With LiveLaw inputs)